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HomeMy WebLinkAboutReso 063-88 EnforcePolicyRESOLUTION NO. 63 - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** ESTABLISHING A POLICY FOR ENFORCEMENT OF ZONING, BUILDING, HOUSING, AND PROPERTY MAINTENANCE 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 rescind 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 BE IT FURTHER RESOLVED, that the Resolution No. 75,84 is hereby rescinded. 1988. PASSED, APPROVED AND ADOPTED this 25th day of April, AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None 1 y ~ EXHIBIT "A" ENFORCEMENT POLICY FOR ZONING, BUILDING, HOUSING, CONSTRUCTION OF WORK WITHOUT PERMIT, AND PROPERTY MAINTENANCE VIOLATIONS This procedure is to be followed in investigating complaints regarding possible violations of building regulations, construction work without permit, zoning ordinances, housing codes, or violations of the Property Maintenance Ordinance. GENERAL POLICY - INVESTIGATION ON COMPLAINT BASIS These ordinances generally will be enforced on a complaint basis except that: Building work actually observed to be under construction without permits will be investigated without a complaint. 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. 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 investiga- complaints will be kept confidential, and information wi 1 ed 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 be 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. T~erefore, 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.