HomeMy WebLinkAbout6.6 Property Maintenance Ordinance AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 8, 1988
SUBJECT: PUBLIC HEARING Ordinance Relating to Property
Maintenance
EXHIBITS ATTACHED: 1) Draft Ordinance Relating to Property
Maintenance
2) Letter sent to Interested Parties
with Mailing List
RECOMMENDATION: 1) Open Public Hearing.
2) Receive Staff Presentation.
3) Receive Public -Testimony.
4) Close Public Hearing.
5) Discussion by Council Members.
6) Waive the reading & introduce
Ordinance Relating to Property
Maintenance.
FINANCIAL STATEMENT: Cost for abatement of nuisance by the
City can be reccvered from the property
owner. Costs o' enforcement where
abatement is accomplished by property
owner cannot be recovered. Additional
enforcement cos%.s cannot be estimated.
DESCRIPTION: The draft ordinance was sent to the
mailing list as shown in Exhibit 2 for public input. (No
comments were received).
This ordinance makes it unlawful to maintain dirt; litter;
debris; clotheslines; trash containers; junk; broken or discarded
furniture; overgrown vegetation; dead, decayed or diseased trees;
weeds; graffiti, boats, trailers, or vehicles; camper shells and
similar unsightly materials visible from a public street in
residential property. It is also unlawful to maintain abandoned,
boarded-up, partially destroyed, partially constructed buildings
and buildings where the exterior paint is mostly worn off.
Section 2 . 1 of the ordinance describes Lh.-2se conditions in more
detail.
The ordinance declares the conditions to 'be a public nuisance and
prescribes procedures for abatement.
The procedures require seven days notice and a hearing before the
City Manager. Any order to abate may be appealed to the City
Council. If an order to abate is not complied with, the City can
do the work and make the cost a lien on the property.
As an alternate, a violation is an infraction and is subject to
the citation procedure.
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ITEM N0. • COPIES TO: So. Ala. Co. Bd. Realtors
ORDINANCE NO. -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 MANAGER. "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, partnership, corporation,
associaton or other organization, however formed.
Section 1.6: PROPERTY. "Property" shall mean 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 having 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 street;
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(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
causing detriment to neighboring properties or property values or obstructing
necessary view 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
detrimental to neighboring properties or property values and 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 walkways 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, 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.
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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 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
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,
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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
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 iabsence 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 rCity 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) 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 ground 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.
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: 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 abatment of the same by having such property rehabilitated, repaired, removed or
demolished in the manner. and means specifically set forth in said resolution. The
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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 3.8: 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 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.
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.
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Section 3.13: Notice of Intent to Demolish. - A copy of any order or .res.olution
requiring 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 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 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 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 demolitions upon
the real property hereinafter described; and the same has not been paid nor any
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part thereof; and that said City of Dublin does hereby claim 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. MISCELLANEOUS
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-year
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.
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Section 5.3: 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.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN ON THIS DAY
OF 1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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OF Q1
CITY OF DUBLIN
P.O. BOX 2340 DUBLIN. CALIFORNIA 94568
CITY OFFICES
6500 DUBLIN BLVD.
January 11, 1988
ADMINISTRATION
829-4600
BUILDING INSPECTION
829-0822
TO INTERESTED PARTIES:
CITY COUNCIL
829.4600
Attached is a draft ordinance relating to property maintainance. It
is proposed to present this ordinance to the City Council on February
CODE ENFORCEMENT 8, 1988. Your input would be greatly appreciated.
829-0822
Please review this ordinance and send any comments you may have to me
ENGINEERING prior to January 29, 1988, so they may be included in my agenda
829-4927 statement and considered by the City Council.
FINANCE If you have any questions, please call me.
829-6226 Thank you.
PLANNING
829.4918
POLICE
829-0566 VICTOR L. T GHER
BUILDING OFFICIAL
PUBLIC WORKS cf
829.4927
RECREATION
829-4932
FLOXHIBIT
; �usan nuri
So. Ala . Co . Bd . Realtors
144 Mission Blvd .
_ • ,.ayward, CA 94541
tuber. o.f:�Comme. ce._:_f:_:-::....,::. .
7986 'Amador Valley Blvd .
: Dublin, CA 94568
So. Ala . Co . Apt . Owners
1264 "A" Street
Hayward, CA 94541
MSA
Arbor Creek Circle ° 8 Crow. Canyon Ct . #200
Silvertree : San Ramon, CA 94583 -
Steve Weibel
Heritage Commons : Pacific Property Mgt .
. 17 Crow Canyon Ct. 1210
San Ramon, CA 94583
Community Assoc . Consultin
Silvergate (K & B ) 6379 Clark Avenue 7200
Bordeaux Estates Dublin , CA 94568
Coral Gate Attn : Doug
Briarhills of Dublin -
P . O. Box 2135
Dublin, CA 94568
e( I'� 24� loaa Rmkor4@
Kwxt7
21144 MISSION BOULEVARD e HAYWARD, CALIFORNIA 94541 �
REALTOR® (415) 537-0440
January 29, 1988 f�
f.
l�0
r 1
Mr. Vic Taugher
Building Official
P.O. Box 2340 i
Dublin, CA 94568
Dear Vic,
I have reviewed the city' s draft property maintenance ordinance.
It appears to be identical to the City of San Leandro' s ordinance.
The Board supported the concept of San Leandro' s ordinance, and
its efforts to preserve existing neighborhoods. Therefore, I
have no substantive comments at this time, but I would like to
reiterate some of our concerns that were conveyed to the City
of San Leandro.
1. The ordinance does not specifically address how far a building
inspector can go when inspecting a property that is in viola-
tion of the ordinance.
2. The city should address the issue of liability. If no complaint
is made by a citizen but the city proceeds to request clean-up
of debris that is in violation of the ordinance and an injury
occurs, is the city and property owner liable?
3 . It would be beneficial to property owners if the ordinance
specifically stated what is meant by debris, junk, salvable
materials , etc.
The city' s willingness to solicit community input in the early
drafting stages of the ordinance is to be commended. In talking
with San Leandro' s staff, the ordinance has been successful.
I will certainly follow the progress of the ordinance should we
have additional comments.
Sincerely yours,
S2waz
Susan Hurl
Government Affairs Director
SH/tla
cc: Craig Ragg