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HomeMy WebLinkAbout6.2 Revised Property Maintenance Ordinance CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 25, 1988 SUBJECT Revised Property Maintenance Ordinance EXHIBITS ATTACHED o Proposed Property Maintenance Ordinance o Proposed Resolution Establishing Enforcement Procedures o Memorandum dated April 20, 1988, from Assistant City Attorney o Property Maintenance Ordinance No. 7-88 as adopted on March 1 , 1988 RECOMMENDATION ` Conduct public hearing; deliberate; waive reading and introduce Ordinance; adopt Resolution FINANCIAL STATEMENT: None DESCRIPTION On April 11 , 1988, the City Council conducted an extensive public hearing regarding Ordinance No. 7-88 which was adopted on March 1 , 1988. The Ordinance addressed property maintenance and established specific conditions which would constitute a public nuisance. In addition, the Ordinance provides mechanisms to remedy any nuisance situations. At the conclusion of the public hearing, the City Council directed Staff to review specific provisions within Ordinance No. 7-88. They requested that the sections relating to trash cans , clotheslines , and the definition of a nuisance be revised. In addition, it was requested that the enforcement through a complaint only process be defined. The City Councilmembers requested that the revision on trash cans address the fact that some residents need to store their containers in a side yard. Relative to the condition under which a clothesline would be a violation, the Council indicated a desire to allow clotheslines within the side yard. From an overall standpoint , the City Council requested a clarification of what constituted a nuisance. Staff has worked to modify the Ordinance based on these concerns. The following discussion outlines amendments to the Ordinance based on City Council direction following the public hearing on April 11, 1988. Definitions : The terms "Back yard" , "Front yard", and "Side yard" are now defined. The purpose was intended to clarify in understandable terms , portions of the property which may be affected by the Ordinance. In addition, the term "Property" was redefined to identify two specific components : non-residential and residential. Residential property was further defined to include only front yards , the unfenced portion of side yards , the unfenced portion of back yards on corner lots , driveways , walkways , and sidewalks . This more clearly identifies the property as being the area which is typically not fenced. These terms should provide a better understanding of what is covered in the Ordinance . Nuisances - Residential Pro e Section 2 . 1 was revised to clearly identify those items consi ere a nuisance on residential property. The main section was also amended to include a requirement stating that the violation must exist thereon for an unreasonable period of time and be visible from a public street . This eliminates the need to reference these conditions in each of the subsections (a) - W . Changes to Specific Nuisances (a) - (k) : In addition to the change iscusse a ove , the following revisions were made to help clarify the Ordinance : ---------------------------------------------------------------------------- COPIES T0: ITEM NU. 6* Z AGENDA STATEMENT: Property Maintenance Ordinance Page 2 Subsection (b) was revised to only address clotheslines or clothes hanging only in front yards , in accordance with City Council direction at their meeting of April 11 , 1988. Subsection (c) in the original Ordinance referred to trash, garbage, or refuse cans , required to be stored in accordance with the Solid Waste Ordinance. The Solid Waste Ordinance does not allow trash cans to be visible from a public street on the day after collection.' At the April 11 , 1988 meeting, the City Council directed Staff to revise the Ordinance to allow their storage in a side yard. Staff determined that it would be clearer to revise the Solid Waste Ordinance and remove the reference to garbage cans from the Property Maintenance Ordinance. The proposed amendment is contained in a separate agenda item which will be considered under a separate public hearing. Subsections (c) and (d) in Ordinance No. 7-88 have been combined and are now shown in subsection (c) in the proposed Ordinance which is now under consideration. Staff had also received an inquiry as to whether fire wood was included as lumber. In order to clarify this situation, the term fire wood has been specifically included in the amended Ordinance subsection (c) . It is important to understand that with all of the subsections , they must exist for an unreasonable period of time and be visible from a public street . Subsection (d) in the amended Ordinance is largely the same as was written in subsection (e) of Ordinance No. 7-88 adopted in March. The only change is that the March version indicated that refrigerators , freezers , hazardous pools , ponds , and excavations were a violation anywhere on the property. In the amended Ordinance, these conditions would only be in violation if they remained for an unreasonable period of time and were visible from a public street. Subsection ( 1) in the amended Ordinance was amended to refer exclusively to graffiti. The Ordinance adopted in March was redundant by including words and letters on the exterior of a building. The Ordinance also included a reference to drawings . It was brought to Staff ' s attention that in one case, a private home has a mural on a garage door. Staff assumed that the City Council ' s intent was to address graffiti and revised the Ordinance accordingly. Subsection ( j ) in the amended Ordinance was revised by including boats which are included in the Recreational Vehicle Ordinance No. 3-86. Also, the City Council had amended that Ordinance through the adoption of Ordinance No. 28-87 . The proposed Property Maintenance Ordinance will include a reference to both the original Ordinance and the amendment . New Section 2 . 2 - Non-Residential Property Nuisance: The proposed Ordinance as been amended to clarify t e conditions w is constitute a nuisance on non-residential property. This section largely repeats conditions described in the residential section discussed above. The non-residential section does not address the issue of clotheslines , since this is typically a residential condition. However, two items which are not addressed are the conditions related to graffiti and abandoned, boarded up, partially destroyed, or buildings in a state of partial construction. These were not included in order to be consistent with the Ordinance as adopted in March. The Ordinance already adopted by the City Council defines "Building" as the various types of residential buildings typically found in the City. As noted in the public hearing on April 11 , 1988 , the current Ordinance does not apply to commercial or industrial buildings . Therefore , all nuisance conditions which relate to buildings have been deleted from the description of property nuisances on non-residential property. Staff recognizes that there are non-residential buildings which may be appropriate to address under this type of Ordinance , however, as stated above , the proposed revised Ordinance has not been expanded to include conditions beyond those adopted by the City Council in Ordinance No. 7-88. AGENDA STATEMENT: Revised Property Maintenance Ordinance Page 3 If the Council desires to include non-residential buildings , the proposed Ordinance would need to be amended in the following areas : 1) Section 1.2 - The definition of "Building" would need to be expanded to include non-residential buildings. 2 ) The language in Subsections 2. 1 (h) and (k) in the amended Ordinance would need to be included as Subsection 2.2 ( i) and 2 .2 (j ) . 3) Section 3. 12 would need to be amended to include a reference to 2 .2 ( j ) . These amendments would expand the application of the Property Maintenance Ordinance for non-residential properties only. Reference to Specific Infraction ' Maximum Fines : Section 5.2 (b) in the adopted Ordinance specifically detines maximum penalties . For the most part , this section recites the language found in Government Code Section 36900. The proposed Ordinance would reference the State Law instead of repeating current language. The City Attorney has recommended this approach since the State Law may be amended at any time. The reference to the section will assure that if and when State Law is amended that the City Ordinance will continue to be consistent with State Law. Section 5. 3 - Repeal of Ordinance No. 7-88: The final revision found in the proposed Ordinance is a section which repeals Ordinance No. 7-88 adopted on March 1 , 1988. Instead of adopting an Ordinance which only amended specific sections , Staff believes it would be clearer to repeal the current Ordinance. This will assist in the administration of the Property Maintenance Ordinance by having a single Ordinance which is referenced in the investigation of any complaints . It should also make the specific conditions within the Ordinance easier for the public to understand. Enforcement Policy At the public hearing on April 11 , 1988, the City Council confirmed their intent to have the Ordinance enforced on a complaint basis . The City Council has a similar policy as it relates to Building, Housing and Zoning violations . In 1984, the City Council adopted a Resolution which established enforcement policy and procedures for Zoning, Housing and Building regulations . The Resolution amended an earlier policy by proposing to investigate all similar violations that are visible from a site where a violation is being investigated. The procedures included in this Resolution have now been superceded by Ordinances which establish the infraction mechanism as a means of enforcement. Also, State Law regulates many of the procedures originally identified in the Resolution. Elizabeth Silver, Assistant City Attorney has reviewed the current policy in accordance with the City Council direction at the public hearing. In a Memorandum dated April 20 , 1988, Ms . Silver has identified that the Resolution format is generally used for matters which are not legislative in nature . The decision as to how the Property Maintenance Ordinance will be enforced would fall into this category, since it is a matter of policy. This would also be consistent with the past action taken by the City Council . Staff has prepared a Resolution which would rescind the current procedures and establish a consistent policy for enforcement of violations of the Zoning, Housing, Building and Property Maintenance Ordinances . The actual language is based on the current policy. Conclusion Staff has attempted to clarify the Property Maintenance Ordinance and include revisions requested by the City Council at the public hearing on April 11 , 1988. It is recommended that the City Council conduct a public hearing, deliberate , waive the reading and introduce the Ordinance, and adopt the Resolution establishing an enforcement policy. ORDINANCE NO. -88 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO PROPERTY MAINTENANCE AND REPEALING ORDINANCE N0. 7-88 The City Council of the City of Dublin does ordain as follows: ARTICLE 1 . DEFINITIONS Section 1 .1 : BACK YARD. "Back yard" shall mean that portion of property between a building and the back property line. Section 1 .2: BUILDING . "Building" shall mean any house, garage, duplex, apartment, condominium, stock cooperative, or other residential structure . Section 1 .3s CITY. "City" shall mean the City of Dublin. Section 1 .4: CITY MANAGER. "City Manager" shall mean the City Manager or his designees. Section 1 .5 : FRONT YARD. "Front yard" shall mean that portion of property between the street and a building. Section 1 .6: OWNER. "Owner" shall mean any person owning property, as shown on the last equalized assessment roll for City taxes or the lessee, tenant or other person having control or possession of the property. Section 1 .7 : PERSON. "Person" shall mean any individual, partnership, corporation, association or other organization, however formed . Section 1 .8s PROPERTY. "Property" shall mean (a) all non- residential zoned real property (referred to as "non--residential property" ) and (b) front yards, the unfenced portions of side yards, the unfenced portion of back yards of corner lots, driveways, walkways, and sidewalks of all residential real property and shall include any building located on such property (referred to herein as "residential property" ) . Section 1 .9: SIDE YARD. "Side yard" shall mean that portion of property between a building and the side property line . -1- ARTICLE 2. NUISANCES Section 2 .1 : UNLAWFUL RESIDENTIAL PROPERTY NUISANCE. It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any residential property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon, for an unreasonable period of time and are visible from a public street, except as may be allowed by any other provision of law; including provisions of City ordinances: (a) The accumulation of dirt, litter or debris; (b) Clotheslines or clothes hanging in front yards; (c) Boxes, bins, containers, fire wood, lumber, junk, trash, salvage materials, or other similar materials; (d) Attractive nuisances dangerous to children including abandoned, broken, or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds, and excavations; (e) Broken or discarded furniture, household equipment and furnishings or shopping carts; ( f) Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety, and welfare, or obstructing a necessary view of drivers on public streets or private driveways; (g) Weeds, dead, decayed, diseased or hazardous trees, and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare; (h) Graffiti on the exterior of any building, fence or other structure; ( i) Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair; ( j ) Mobilehomes, recreational vehicles, utility trailers, unmounted campertops, boats, cars, trucks, or other vehicles, that are parked or stored in violation of Ordinance 3--86 and/or Ordinance 28-87; and/or -2- (k) , Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction and such buildings which are unpainted or where the paint on the building exterior is mostly worn off. Section 2 .2 : UNLAWFUL NON-RESIDENTIAL PROPERTY NUISANCE. It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any non-residential property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are visible from a public street, except as may be allowed by any other provision of law including provisions of City ordinances: (a) The accumulation of dirt, litter, or debris; (b) Boxes, bins, containers, fire wood, lumber, junk, trash, salvage materials, or other similar materials; (c) Attractive nuisances dangerous to children including abandoned, broken, or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds, and excavations; (d) Broken or discarded furniture, household equipment and furnishings or shopping carts; (e) Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety, and welfare, or obstructing a necessary view of drivers on public streets or private driveways; ( f) Weeds, dead, decayed, diseased or hazardous trees, and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare; (g) vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair; (h) Mobilebomes, recreational vehicles, utility trailers, unmounted campertops, boats, cars, trucks, or other vehicles, that are parked or stored in violation of ordinance 3-86 and/or Ordinance 28-87. Section 2 .3 : DECLARATION OF PUBLIC NUISANCE. Any property found to be maintained in violation of sections 2.1 or 2.2 is hereby declared to be a public nuisance and shall be abated by -3- rehabilitation, removal, demolition, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be, exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. ARTICLE 3. ABATEMENT PROCEDURE Section 3 .1 : NOTIFICATION OF NUISANCE. Whenever the City Manager determines that any property within the City is being maintained contrary to one or more of the provisions of Sections 2 .1 or 2.2, he shall give written notice ("Notice to Abate" ) to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven (7 ) calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 3 .3 covering service in person or by mail. Section 3 .2: ADMINISTRATIVE HEARING TO ABATE NUISANCE. In the event said owner shall fail, neglect or refuse to comply with the "Notice to Abate" , the City Manager shall conduct an administrative hearing to ascertain whether said violation constitues a public nuisance. Section 3 .3: NOTICE OF HEARING. Notice of said hearing shall be served upon the owner not less than seven (7) calendar days before the time fixed for hearing. Notice of hearing shall be served in person, by first class mail, or by certified mail to the owner' s last known address . Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below: "NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE This is a notice of hearing before the City Manager (or his designees) to ascertain whether certain property situated in the City of Dublin, State of California, known and designated as (street address) , in said City, and more particulary described as assessor' s parcel number) constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the -4- repair or demolition of buildings situated thereon. If said property, in whole or part, is found to constitute a public nuisance as defined in this ordinance and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such property and such costs, together with interest thereon, will constitute a lien upon such property until paid; in addition, you may be cited for violation of the provisions of the -City-ordinances and subject to a fine. Said alleged conditions consist of the following: The method(s) of abatement are: All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration. Dated this day of 19_ City Manager Time and Date of Hearing: Location of Hearing: . Section 3 .4: ADMINISTRATIVE HEARING BY CITY MANAGER. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. Said hearing may be continued from time to time. -5- r If the City Manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or repair the same, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the methods) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 3.6. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section 3.3. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property. Section 3 .5: PROCEDURE. NO APPEAL. In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said findings and order. In the event. the owner fails to abate the nuisance as ordered the City Manager shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner, as specified in Section 3.10. The City Manager is expressly authorized to enter upon said property for such purposes. Section 3 .6: APPEAL PROCEDURE. HEARING BY CITY COUNCIL.The owner may appeal the City Manager' s findings and order to the City Council ( "Council" ) by filing an appeal with the City Clerk within seven (7 ) calendar days of the date of service of the City Manager' s decision . The appeal shall contain: (a) A specific identification of the subject property; (b) The names and addresses of all appellants; (c) A statement of appellant' s legal interest in the subject property; (d) A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof; (e) The date and signatures of all appellants; and ( f) The verification of at least one appellant as to the truth of the matters stated in the appeal . -b� As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to hear the appeal which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date the appeal was filed . The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown, or on the Council 's own motion. Section 3 .7: DECISION BY COUNCIL. Upon the conclusion of the hearing, the Council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the Council so finds, the Council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the Council shall be final. Section 3 .$: SERVICE OF ORDER TO ABATE. A copy of the resolution of the Council ordering the abatement of said nuisance shall be served upon the owner( s) of said property in accordance with the provisions of Section 3 .3. Upon abatement in full by the owner, the proceedings hereunder shall terminate. Section 3 .9 ; HEARING PROCEDURE BEFORE CITY MANAGER AND COUNCIL. All hearings shall be tape recorded. Hearings need not be conducted according to the technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in . civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. -7- Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded. Section 3 .10: ABATEMENT BY CITY. If such nuisance is not abated as ordered within said abatement period, the City Manager shall cause the same to be abated by City employees or private contract. The City Manager is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable 30 days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney' s fees; costs incurred in documenting the nuisance; the actual expenses and costs of the City in the preparation of notice$, specifications and contracts, and in inspecting the works and the costs of printing and mailing required hereunder. A person shall not obstruct, impede, or interfere with the City Manager, or his representative, or with any person who owns, or holds any interest or estate in any property in the performance of any necessary act, preliminary to or incidental, carrying out an abatement order issued pursuant to Section 3.4 and 3.7 of this ordinance. Section 3 .11 : LIMITATION OF FILING JUDICIAL ACTION. Any action appealing the Council' s decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision. Section 3 .12: DEMOLITION. No property shall be found to be a public nuisance under Section 2.1 (k) and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance. Section 3 .13 : NOTICE OF INTENT TO DEMOLISH. A copy of any order or resolution requ r ng abatement by demolition under Section 3.4 or 3.8 shall be forthwith recorded with the Alameda County Recorder. ARTICLE 4. LIEN PROCEDURE Section 4 .1 : RECORD OF COST OF ABATEMENT. The City Manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized -8- report in writing to the City Council showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least five (5) days upon or in front of such property, together with a notice of the time when said report shall be heard by the 'City Council for confirmation. A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of Section 3 .3 at least five (5) calendar days prior to submitting the same to the City Council. Proof of said posting and service shall be made by affidavit filed with the City Clerk. Section 4 .2 : ASSESSMENT LIEN. The total cost for abating such nuisance, as 8o confirmed by the City Council, shall constitute a which aitarelates,itand upon recordation against iin the Office parcel of land to Recorder of a Notice of Lien, as so made and confirmed, shallounty constitute a lien on said property for the amount of such assessment. After such confirmation and recordation, a certified copy of the Council ' s decision shall be filed with the Alameda County Auditor- Controller on or before August 1 of each year, whereupon it shall be the duty of said Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes . All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Such Notice of Lien for recordation shall be in form substantially as follows: -9- "NOTICE OF LIEN (Claim of City of Dublin) Pursuant to the authority vested by the provisions of Section of Dublin Ordinance No. , the City Manager of the City of Dublin did on or about the day of 19—, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Dublin did on the day of , 19 , assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Dublin does hereby claim a lien on such rehabilitaton, repair, or demolition in the amount of said assessment, to wit: the sum of $ and the same, shall be a lien upon said real property uunnt�l the same has been paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Dublin, County of Alameda, State of California, and particularly described as follows: (description) Dated this day of , 19 City Manager, City of Dublin" ARTICLE S. MISCELLANEOUS Section 5 .1 : ALTERNATIVE ACTIONS AVAILABLE; VIOLATION AN INFRACTION. Nothing in this Ordinance shall be deemed to prevent the Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Ordinance constitues an infraction. The City Manager is designated as the enforcement authority. -10- Section 5 .2 : VIOLATION AND PENALTIES. (a) Any person, firm, or corporation violating or causing, or permitting to be violated any of the provisions of this Ordinance shall be deemed guilty of an infraction. (b) Any person, firm, or corporation convicted of an infraction under- the provisions of this Ordinance shall be punishable as provided in Government Code § 36900. Any violation beyond the third conviction within a one-year period may be charged by the District Attorney as a misdemeanor and the penalty for conviction of the same shall be subject to a fine or imprisonment or both not to exceed the limits set forth in California Penal Code section 19. (c) Each person, firm, or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted by such person and shall be punishable accordingly. (d) The City Manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Ordinance. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions. Section 5 .3 : REPEAL OF ORDINANCE NO. 7-88. Ordinance No. 7-88 is hereby repealed. Section 5 .4: EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty 30) days from and after the date of its passage . The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. -11- PASSED AND ADOPTED by the City Council of the' City of Dublin on this day of , 1988, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -12- %J1 LIIL Vll L VL 1/VL)L11\ �c�ck;'c�c:cir',c%-1 ck:'c��c�c%�c 'c�c4cJcicrk'.c9c% ESTABLISH' A POLICY FOR ENFORCEMENT ZONING, BUILDING, HOU„LNG, AND PROPERTY MAINTENAN-- VIOLATIONS AND RESCINDING RESOLUTION NO. 75-84 WHEREAS, the City Council of the City of Dublin did by Resolution No. 75-84 adopt the "Enforcement Procedures for Zoning, Building and Housing Violations , and Construction Work Without Permits" ; and WHEREAS, the Resolution identified both Administrative Procedures and Enforcement Policies ; and WHEREAS, the City Council has recently adopted a Property Maintenance Ordinance;and WHEREAS , the City Council is desirous of establishing an enforcement policy for the Property Maintenance Ordinance which is consistent with the established policy for Zoning, Housing, and Building Violations ; and WHEREAS, the actual procedures for enforcing a particular law are already covered in City Ordinances and applicable sections of the State Law; and WHEREAS, it is necessary to resind Resolution No. 75-84 and adopt a new Resolution which includes the Property Maintenance Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the "Enforcement Policy for Zoning, Building, Housing, Construction Work Without Permit and Property Maintenance Ordinance Violations", attached hereto and identified as Exhibit "A" . BE IT FURTHER RESOLVED, that the Resolution No. 75-84 is hereby rescinded. PASSED, APPROVED AND ADOPTED this 25th day of April , 1988. AYES : NOES : ABSENT: Mayor ATTEST: City Clerk regarai.ng possLuLe VLULaLIULls UL vullUtu6 LC6UL1LLLU11J , construction work without permit, zoning ordinances , housing codes , or violatio of the Property Maintenar Ordinance . GENERAL POLICY - INVESTIGATION ON COMPLAINT BASIS These ordinances generally will be enforced on a complaint basis except that : 1. Building work actually observed to be under construction without permits will be investigated without a complaint. 2. Violations observed on property where the inspector has a legitimate reason to be on property, such as a routine follow-up inspection on a Variance or Conditional Use Permit , or when inspecting construction under a permit , violations observed on the property will be investigated without a complaint . 3. Conditions brought to the attention of the City in any manner which involves public health and safety. COMPLAINT INFORMATION Any person making a complaint shall give their name, address , and telephone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure addi- tional information regarding the problem. Section 6254, of the Government Code, provides that records of investigations of complaints are not public records. Therefore , investigations of complaints will be kept confidential , and information will not be disclosed except as required by a court order. EXCEPTIONS TO COMPLAINT INFORMATION In establishing this policy the City Council recognizes that a person whose property is being investigated may point out several similar violations in the immediate area. It may inequitable to require abatement of a violation when the same violations may exist in the immediate vicinity and are not investigated because a complaint is not received. Therefore , whenever the situation discussed above occurs , any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be processed as though a complaint had been registered. ANONYMOUS COMPLAINTS All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager or Building Official determines the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager or Building Official . MEYER% NAVE, RTBACK &WleST MICHAEL R.NAVE A PROFE33IONAL LAW CORPORATION PPNINSULA OFFICE STEVEN R.MEYERS CIVIC CENTER COMPLEX 1220 HOWARD AVE..SUITE 250 NATALIE E.WEST 835 EAST 14TH$TRFET BURLINGAME,CA 94010,4211 ELIZABETH H.SILVER (415)348-7130 MICHAEL S.RIBACK SAN LEANORO.CALIFORNIA 94511 FAX(415)342.0888 LESLIE OSTER (41 5)571-3333 MICHAEL F.ROORIOUEZ FAX(415)577-3395 MARIN OffICE 1202 GRANT AVE..SUITE E OF COUNSEL NOVATO.CA 94945 THOMAS F.BERTRAND (415)692.8878 FRANCIS J.STILLMAN REPLY 70: San Leandro MEMORANDUM To: Richard Ambrose Date: 4-20-$8 City Manager From: Elizabeth H. Silver Assistant City Attorney Re: Property Maintenance Ordinance At the Council Meeting on April 11, the Council indicated that it was concerned with how the Property Maintenance Ordinance was to be enforced (e.g. , on a complaint basis only, by initiation of City staff, etc. ) . In my opinion, the question of how the ordinance is to be enforced is a matter of policy which can be established by Council resolution. This would be consistent with the policy regarding enforcement of zoning code and building code violations which was established by resolution. A resolution is generally used for matters which are not legislative in nature whereas an ordinance is akin to a statute. Statutes and ordinances declare what is unlawful and designate the officer charged with enforcement authority but generally do not specify how the statute or ordinance is to be enforced. This is considered an administra- tive matter to be determined by the officer charged with enforcing the statute or ordinance. Therefore, it would not be appropriate for the ordinance to be more specific with respect to enforcement than it already is in designating the City Manager as the officer charged with enforcement authority. Richard Ambrose, City Manager Re: Property Maintenance Ordinance April 20, 1988 Page: 2 In conclusion, a resolution, similar to Resolution No. 75-84, can be adopted specifying, generally, the procedure for enforce- ment of the ordinance. I would caution you, however, that the more specific such a resolution becomes, the more avenues there are for challenges in a particular case if the procedures were not followed. MEYERS, NAVE, RIBACK & WEST Elizabeth H. Silver EHS:dlg ORDINANCE NO. 7 -88 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO PROPERTY MAINTENANCE The City Council of the City of Dublin does ordain as follows: ARTICLE 1. DEFINITIONS Section 1.1: BUILDING. "Building" shall mean any house, garage, duplex, apartment, condominium, stock cooperative, or other residential structure. Section 1.2: CITY. "City" shall mean the City of Dublin. Section 1.3: CITY MA11AGER. "City Manager" shall mean the City Manager or his designees. Section 1.4: OWNER. "Owner" shall mean any person owning property, as shown on the last equalized assessment roll for City taxes or .the lessee, tenant or other person having control or possession of the property. Section 1.5: PERSON. "Person" shall mean any individual, partnersliip, corporation, associaton or other organization, however formed. Section 1.6: PROPERTY. "Property" shall mean all, non-residentially zoned real property, and all residential real property, including, but not limited to, front yards, side yards, back yards, driveways, walkways and sidewalks and shall include any building located on such property. ARTICLE 2. NUISANCES Section 2.1: Unlawful Property Nuisance. It shall be unlawful for any person owning, leasing, renting, occupying or leaving charge or possession of any property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by any other provision of law: (a) The accumulation of dirt, litter or debris on the property which is visible from a public street; (b) Clotheslines or clothes hanging in front yards, sideyards, porches or balconies and visible from a public street; (c) Trash, garbage or refuse cans, bins, boxes or other such container stored in front or side yards and visible from a public street except as permitted by Solid Waste Ordinance 2-86; (d) Packing boxes, lumber, ,junk, trash, salvage materials, or other debris kept on the property and visible from a public •v niet; -1- IVY, • (e) Attractive nuisances dangerous to children including abandoned, broken or neglected equipment, machinery, visible from a public street, and " - refrigerators and freezers, hazardous pools, ponds and excavations in any location; (f) Broken or discarded furniture, household equipment and furnishings, or shopping carts stored on the property and visible from a public street; (g) Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety and welfare, or obstructing necessary vier of drivers on public streets or private driveways and visible from a public street; (h) Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance, dangerous to public safety and welfare or visible from a public street; (i) Graffiti or other words, letters or drawings which remain on the exterior of any building or fence and are visible from a public street; (j) Vehicle parts, or other articles of personal property which are abandoned or left in a state of partial construction or repair for an unreasonable period of time in front yards, sideyards, driveways, sidewalks or walk-days and are visible from a public street; (k) Mobilehomes, recreational vehicles, utility trailers and unmounted campertops, cars, trucks, or other vehicles that are parked or stored in violation of Ordinance 3-86. (1) Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction and such buildings which are unpainted or where the paint on the building exterior is mostly worn off. Section 2.2: Declaration of Public Nuisance. Any property found to be maintained in violation of the foregoing section is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. ARTICLE 3. ABATEMENT PROCEDURE Section 3.1: Notification of Nuisance. Whenever the City Manager determines that any property within the City is being maintained contrary to one or more of the provisions of Section 2.1, lie shall give written notice ("Notice to Abate") to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven (7) calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 3.3 covering service in person or by mail. -2- Section 3-.2: Administrative Hearing to Abate Nuisance, In the event said owner shall fail, neglect, or refuse to comply with the "Notice to Abate", the City Manager shall conduct an administrative hearing to ascertain whether said violation constitutes a public nuisance. Section 3.3: Notice of Nearing• Notice of said hearing shall be served upon the o•.Mer not less than seven (7) calendar days before the time fixed for hearing. Notice of hearing shall be served in person, by first class mail, or by certified mail to the owner's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below: "NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE This is a notice of hearing before the City Manager (or his designees) to ascertain whether certain property situated in the City of Dublin, State of California, kno,rn and designated as (street address) in said City, and. more particularly described as (assessor's parcel number) constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings situated thereon. If said property, in whole, or part, is found to constitute a public nuisance as defined in this , ordinance and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such property and such costs, together with interest thereon, will constitute a lien upon such property until paid; in addition, you may be cited for violation of the provisions of the City ordinance and subject to a fine. Said alleged conditions consist of the following: The method(s) of abatement are: All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration. Dated this day of 19_ City Manager Time and Date of Hearing: Location of Hearing: Section 3.4: Administrative hearing by City Manager. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. Said hearing may be continued from time to time. -3- If the'City Manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or repair the same, the City Manager shall prepare findings and all order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 3.6. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section 3.3. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property. Section 3.5: Procedure. No Appeal. In the absence of any appeal, the property shall be rehabilitated, repaired, removed 'or demolished in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered the City Manager shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner, as specified in Section 3.10. - The City Manager is expressly authorized to enter upon said property for such purposes. Section 3.6: Appeal Procedure. hearing by City Council. The owner may appeal the City Manager's findings and order to the City Council ("Council") by filing an appeal with the City Clerk within seven (7) calendar days of the date of service of the City Manager's decison. The appeal shall contain: (a) A specific identification of the subject property; (b) Vie names and addresses of all appellants; (c) A statement of appellant's legal interest in the subject property; (d) A statement in ordinary and concise language of the specific order or action protested and the ground for, appeal, together with all eaterial facts in support thereof; (e) Tile date and signatures of all appellants; and (f) The verification of at least one appellant as to the truth of the matters stated in the appeal. As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to hear the appeal which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date of the appeal was filed. The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown, or on the Council's own motion. Section 3.7 : Decisiou by Council. Upon the conclusion of the hearing, the Council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the Council so finds, the Council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings 'and ordering the abatment of the same by having such property rehabilitated, repaired, removed or demolished in the m:inne r and means specifically set forth in said resolution. The -4- • I,Uy resoltttiorr shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days, The decision and order of the Council shall be final. Section 3.8: Service of Order to Abate. A copy of the resolution of the Council ordering the abatement of said nuisance shall be served upon the owner(s) of said property in accordance with the provisions of Section 3.3. Upon abatement in full by the owner, the proceedings hereunder shall terminate. Section 3.9: Hearing Procedure Before City Manager and Council. All hearings shall be tape recorded. Hearings need not be conducted according to the technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any couunou law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded. Section 3.10: Abatement by City. If such nuisance is not abated as ordered within said abatement period, the City Manager shall cause the same to be abated by City employees or private contract. The City Manager is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable 30 days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney's fees; costs incurred in documenting the nuisances; the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder. A person shall not obstruct, impede, or interfere with the City Manager, or his representative, or with any person who owns, or holds any interest or estate in any property in the performance of any necessary act, preliminary to or incidental, carrying out an abatement order issued pursuant to Section 3.4 nd 3.7 of this ordinance. Section 3.11: Limitation of Filing Judical Action. Any action appealing the Council's decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision. - Section 3.12: demolition. No property shall be found to be a public nuisance under Section 2.1(1) and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonable to correct such nuisance. -5- Section 3.13: Notice of Intent to Demolish; A copy of any order or resolution J V requiring abatement by. demolition under Section 3.4 or 3.8 shall be forthwith recorded_ with the Alameda County Recorder. ARTICLE 4. LIEU PP.OUDUP.E Section 4.1: Record of Cost of Abatement. The City Manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least five (5) days upon or in front of such property, together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of Section 3.3 at least five (5) calendar days prior to submitting the san'le to the City Council. Proof of said posting and service shall be made by affidavit filed with the City Clerk. Section 4.2: Assessment Lied. The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. After such confirmation and recordation, a certified copy of the Council's decision shall be filed with the Alameda County Auditor-Controller on or before August 1 of each year, whereupon it shall be the duty of said Auditor-Controller to add the amounts of the respective assesssments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. In the alternative, after such recordation, such lien may be foreclosed by judical or other sale in the manner and means provided by law. Such Notice of Lien for recordation shall be in form substantially as follows: "NOTICE OF LIEN (Claim of City of Dublin) Pursuant to the authority vested by the provisions of Section of Dublin Ordinance No. the City Planager of the City of Dublin did on or about the day of 19_, cause the property hereinafter described to be rehabilitated or the building or structure oil the property hereinafter described, to be repaired or demolished in order to abate a public nuisance oil said real property; and the City Council of the City of Dublin did on the day of 19—, assess the cost of such rehabilitation, repair or demolitions upon the real property hereinafter described; and the same has not been paid nor ally -6- p'an`t thereof; and that _aid City of Dublin does hereby L _m a lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $ and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Dublin, County of Alameda, State of California, and particularly described as follows: (description) Dated this day of 19_ City Manager, City of Dublin° ARTICLE 5. MISCELIJUNEODS Section 5.1: Alternative Actions Available; Violation and Infraction. Nothing in this Ordinance shall be deemed to prevent the Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Ordinance constitues an infraction. The City Manager is designated as the enforcment authority. Section 5.2: Violation and Penalties. (a) Any person, firm, 'or corporation violating or causing, or permitting to be violated any of the provisions of this Ordinance shall be deemed guilty of an infraction. (b) Any person, firm, or corporation convicted of an infraction under the provisions of this Ordinance shall be punishable upon a first conviction of a fine not more than $100.00, and for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a one-;ear period by a fine of not more than $500.00. Any violation beyond the third conviction within a one-year period may be charged by the District Attorney as a misdemeanor and the penalty for conviction of the same shall be subject to a fine or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19. (c) Each person, firm, or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted by such person and shall be punishable accordingly. (d) The City manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Ordinance. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions. -7- Section 5.3: Effective Da,.a and Posting of Ordinance. This Ordinance shall take`eff-4-, and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 35933 of the Government Code of the State of California. PASSED A11D ADOPTED BY THE CITI COUIICIL OF THE CITY OF DUBLIN 011 THIS 1st Dr.Y OF Marcli , 1983. AYES: Councilinembers llegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery VOES: None PBSE21T: None Mayo' �• / J . ATTEST: City Clerk -S-