HomeMy WebLinkAboutItem 6.3 RevisionsToMuniCode (2)
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 13, 1991
SUBJECT:
PUBLIC HEARING - Ordinance Providing for Revisions
to the Dublin Municipal Code
(Report Prepared by Elizabeth Silver, city Attorney
& Kay Keck, City Clerk)
EXHIBITS ATTACHED:
o Draft Ordinance
o Existing Dublin Municipal Code Sections
RECOMMEND~T~ON~
IV
1) Open Public Hearing
2) Receive Staff Presentation
3) Receive Public Testimony
4) Close Public Hearing
5) Deliberate
6) Waive Reading and Introduce Ordinance
FINANCIAL STATEMENT:
None
DESCRIPTION: In July, 1990, the City council adopted an Ordinance
adopting the city of Dublin's first Municipal Code. This Municipal Code
contains the majority of all ordinances which were adopted through
calendar year 1989.
In the 9 months that staff has been working with the Municipal Code,
certain discrepancies have been noted. The attached draft ordinance
incorporates all of the changes noted to date, into one ordinance. The
ordinance would add, delete, or amend various chapters related to:
Elections, Peddlers, Solid Waste Management, Animal Control, Weed and
Litter Abatement, Property Maintenance, Abatement of Abandoned Vehicles,
Abatement of Nuisances, and Establishing Right-of-Way Lines.
Chapter 5.60 (Weed and Litter Abatement), is being deleted inasmuch as
these provisions of the County Code were not adopted by the city and
because the Dougherty Regional Fire Authority has adopted its own weed
abatement provisions.
The City Attorney's Office has advised that in keeping with the holding
in the recent Conner v. citv of Santa Ana case, which requires a
municipality to obtain a warrant prior to conducting inspections or
abatement activities on private property, those passages of the city of
Dublin's Municipal Code which authorize such warrantless actions must be
changed. There is room to argue that Conner does not require a warrant
in every circumstance, but rather, that other exercises of jUdicial
authority such as court orders or preliminary injunctions may be used in
lieu of a warrant. Thus, in order to give the city the greatest degree
of flexibility in such matters, the city Attorney recommends that the
Conner requirement be couched in terms of obtaining the necessary
"judicial authority" to carry out a given inspection or abatement
action.
The city clerk has begun preparation for the first update to Dublin's
Municipal Code and this ordinance will correct most of the housekeeping
type items, as well as changes recommended as a result of the Conner
case discussed above. In addition, most of the ordinances adopted in
calendar year 1990 and thus far in 1991 will also be included in the
update.
staff recommends that the city Council conduct a public hearing, waive
the reading and introduce the ordinance.
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ITEM NO. -". ,
COPIES TO:~ (p(#O-ZO
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ORDINANCE NO.
- 91
AN ORDINANCE OF THE CITY OF DUBLIN
DELETING, AMENDING AND ADDING CERTAIN CHAPTERS AND SECTIONS
OF THE DUBLIN MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
section 1.
Chanter 2.32 (Elections)
a) Chapter 2.32 of the Dublin Municipal Code is
amended by deleting Section 2.32.020 and adding a new section
2.32.020, to read as follows:
"City councilmembers' terms of office shall expire no
later than the fourth Tuesday after the day of the
general municipal election and until their successors
are elected and qualified."
b) Chapter 2.32 is amended by deleting section
2.32.030.
section 2.
Chanter 4.16 (Peddlers)
a) Chapter 4.16 of the DUblin Municipal Code is
amended as follows:
. change all references to
"County" or "County of
Alameda" to "city of
Dublin."
Page 1 of 8
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· Change all references to
"unincorporated area of
the County" to "city of
Dublin."
· Change all references to
"Board of supervisors" to
"City Council."
· change all references to
"Sheriff" and "Deputy
Sheriff" to "Chief of
police."
· Change all references to
"Sheriff's Department" to
"Dublin Police
Department."
section 3.
Chanter 5.32 (Solid Waste Manaaement\
section 5.32.340 of the DUblin Municipal Code is
amended by deleting the last sentence in Subsection A and adding
the following new sentence in its place, to read as follows:
"If such entry is denied, or if the owner or
individual in charge of the premises cannot
be located, the Director shall have recourse
to every remedy provided by law to secure
entry, including but not limited to the
provisions of code of civil Procedure section
1822.50 .ß.t sea."
Page 2 of 8
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section 4.
Chanter 5.36 (Animal Control)
a) Chapter 5.36 of the Dublin Municipal Code is
amended by deleting subsection B of 'section 5.36.060 and adding a
new Subsection B, to read as follows:
"The Director shall have the authority to
enter the premises at any reasonable hour,
and to take up, impound, and safely keep any
animal upon denial, revocation, or suspension
of a permit or when an owner refuses to apply
for a permit, provided that, (i) if the
premises are occupied, he shall first present
proper credentials and demand entry; and (ii)
if the premises are unoccupied, he shall
first make a reasonable effort to locate the
owner or other persons having charge or
control of the premises to demand entry. If
entry is denied, or if the owner or
individual in charge of the premises cannot
be located, the Director shall have recourse
to every remedy provided by law to secure
entry, including but not limited to the
provisions of Code of civil Procedure
sections 1822.50 et sea."
b) Chapter 5.36 of the Dublin Municipal Code is
amended by deleting Subsection B of section 5.36.540 and adding a
new subsection B, to read as follows:
"The Director shall have the authority to
enter the premises at any reasonable hour,
and to take up, impound, and safely keep any
exotic animal upon denial, revocation, or
suspension of a permit or when an owner
refuses to apply for a permit, provided that,
(i) if the premises are occupied, he shall
first present proper credentials and demand
entry; and (ii) if the premises are
unoccupied, he shall first make a reasonable
effort to locate the owner or other persons
having charge or control of the premises to
demand entry. If entry is denied, or if the
owner or individual in charge of the premises
cannot be located, the Director shall have
recourse to every remedy provided by law to
Page 3 of 8
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secure entry, including but not
the provisions of Code of civil
sections 1822.50 et sea."
limited to
procedure
section 5.
Chapter 5.60 (Weed and Litter Abatement) ,
Chapter 5.60 of the DUblin Municipal Code is deleted.
section 6.
Chapter 5.64 (Propertv Maintenance)
a) Section 5.64.110 of Chapter 5.64 of the Dublin
Municipal Code is amended by deleting the last sentence and
adding the following new sentence in its place, to read as
follows:
"Absent consent to enter the subject property
for the purpose of nuisance abatement, the
city Manager shall direct the city Attorney
to obtain the necessary judicial authority
for entry and abatement purposes."
b) Subsection A of section 5.64.170 is amended by
deleting the second sentence and adding the following new second
sentence in its place, to read as follows;
"Absent consent to enter the subject property
for the purpose of nuisance abatement, the
city Manager shall direct the city Attorney
to obtain the necessary judicial authority
for entry and abatement purposes."
Page 4 of 8
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section 7.
Chapter 6.80 (Abatement of Abandoned Vehicles)
a) Section 6.80.030 of Chapter 6.80 of the Dublin
Municipal Code is amended by deleting the second sentence and
adding the following new second sentence in its place, to read as
follows:
"The city Manager or other duly authorized
person may enter upon public property, or
with the consent of the property owner, upon
private property to inspect a vehicle or part
thereof, to obtain information as to the
identity of a vehicle or part thereof and to
remove or cause the removal of a vehicle or
part thereof, declared to be a public
nuisance by or pursuant to this chapter.
Absent consent to enter the subject property
for the purpose of inspection or nuisance
abatement, the city Manager shall direct the
City Attorney to obtain the necessary
judicial authority for inspection and
abatement purposes."
b) section 6.80.100 of Chapter 6.80 of the Dublin
Municipal Code is amended by deleting Section 6.80.100 and adding
a new section 6.80.100, to read as follows:
"If releases have been signed pursuant to
section 6.80.050, or if a request pursuant to
Section 6.80.060 is not received, or if the
city Manager, after hearing, determines that
the vehicle or part thereof constitutes a
public nuisance, the city Manager or other
duly authorized person shall abate and remove
the vehicle or part thereof from the land in
accordance with the provisions of California
Vehicle Code sections 22660 ~ sea., except
as otherwise provided in sections 6.80.110,
6.80.120 and 6.80.130. Absent consent to
enter the subject property for the purpose of
nuisance abatement, the city Manager shall
direct the city Attorney to obtain the
necessary judicial authority for entry and
abatement purposes. After a vehicle has been
abated and removed, it shall not be
Page 5 of 8
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reconstructed or made operable, unless it is
a vehicle which qualifies for either
horseless carriage license plates or
historical vehicle license plates, pursuant
to section 5004 of the Vehicle Code of the
State of California, in which case the
vehicle may be reconstructed or made
operable. (Ord. 59-87 § 10)"
section a.
.Chanter 7.52 (Abatement of Nuisances)
a) Chapter 7.52 of the Dublin Municipal Code is
amended by deleting Section 7.52.050 and adding a new section
7.52.050 to read as follows:
"Whenever necessary to make an inspection to
enforce any of the provisions of this code or
whenever the Enforcement Official or Hearing
Officer has reasonable cause to believe that
a violation of this Ordinance exists in any
building or any premises, or there exists in
any building or upon any premises any
condition which makes the building or
premises dangerous, substandard, unsanitary,
or a menace to life, health or property, he
may enter such building or premises at all
reasonable times to inspect the same or to
perform any duty imposed upon him by law,
ordinance, rule or regulation, provided that,
(i) if the building or premises is occupied,
he shall first present proper credentials and
demand entry; and (ii) if the premises is
unoccupied, he shall first make a reasonable
effort to locate the owner or other persons
having charge or control of the premises to
demand entry. If entry is denied, or if the
owner or individual in charge of the premises
cannot be located, the Director shall have
recourse to every remedy provided by law to
secure entry, including but not limited to
the provisions of Code of Civil Procedure
sections 1822.50 et ~."
Page 6 of 8
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b) Subsection B Of section 7.52.140 of Chapter 7.52
of the Dublin Municipal code is amended by deleting Subsection B
and adding a new Subsection B to read as follows:
"If the order of the Hearing Officer is not
complied with within the period designated,
the Enforcement Official may then demolish
the substandard building or portions thereof,
or may cause such other work to be done to
the extent necessary to eliminate the hazard
upon the substandard property and other
substandard conditions determined to exist by
Hearing Officer. Absent consent to enter the
subject property for the purpose of nuisance
abatement, The city Manager shall direct the
city Attorney to obtain the necessary
judicial authority for entry and abatement
purposes."
section 9.
Chanter 7.68 (Establishina Riaht-of-wav Lines)
Section 7.68.100 of Chapter 7.68 of the Dublin
Municipal Code shall be amended by adding the following sentence
at the end of section 7.68.100:
"The ordinance establishing a right-of-way
lines shall be recorded by the city Clerk
with the County Recorder."
section 10.
Postinq and Effective Date
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.
page 7 of 8
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PASSED, APPROVED AND ADOPTED this
1991, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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day of
City Clerk
114\ord\dmc-chg.ehs
page 8 of 8
Mayor
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2.32.010
Chapter 2.32
ELECTIONS
Sections:
2.32.010
2.32.020
Consolidation.
Extension of terms of
office.
Notification to registered
voters.
2.32.030
2.32.010 Consolidation.
The city municipal election shall be
consolidated with the statewide general
election which is held on the first Tuesday
after the first Monday in November in
even-numbered years. (Ord. 14-86 § 1:
Ord. 11·84 § I)
2.32.020 Extension of terms of
office.
Pursuant to Section 36503.5(d) of the
Government Code, this section is
amended to read "City Councilmembers
tendS of office shall expire no later than
the fourth Tuesday after the day of the
general municipal election and until
their successors are elected and
qualified." (Ord. 14-86 § 2: Ord. 11-84 §
2)
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Ú!{'r¿lí'f/ d..) flu d.iL&l;j
/¿l(Í"te/il(Vj it
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2.32.030 Notification to registered
voters.
Within thirty (30) days after the ordi-
nance codified in this chapter becomes
opel1ltive, the City Clerk shall cause a Á . /.J-
notice to be mailed to all registered voters (. dVu_u-,
in fanning the voters of the change in the
election date and as a result of this .
change, elected City Councilmembers' :.
tendS in office will be changed. (Ord. i
14-86 § 3) ~
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(¿Y20tdJ~ "IJiltvn~_.I C2l.L Aift~{'fl<¿) oJ-;
IÛ-iUYZ~11 fø--' .
4,16.010 Y/¡)V./Y1éßtfJt11J1"tLd.J ~4_ffµ ~1
'ðHúttŽ/ CI.-þ eJ~Wé"l.</t~·IT~ {~tVJ1t~ê/
1"Chapter 4.16 "Peddler" means and includes any
person whether a resident ofth~nincor-
porated area of the county of Alamect%r
not, traveling by foot, automotive vehi-
cle, or any other type of conveyance,
from place to place, from house to house,
carrying, conveying or transporting
goods, wares, merchandise, publications,
or other personal property or services
oITering and exposing the same for sale,
or making sales; and further provided,
that one who solicits orders and as a sepa-
rate transaction makes deliveries to pur-
chasers as part of a scheme or design to
evade the provisio ns of this chapter shall
be deemed a "peddler" subject to the
provisions of this chapter. The word
.. peddler" shall inel ude the words
Hhawker " "huckster," "canvasser'· and
"solicitor. "
"Person" means and includes the sin-
gular and the plural and shall also mean
and include any person, finn, or corpora-
tion, association, club, copartner or soci-
ety, or any other organization. (Ord. 13 §
I (part), 1982: § 2-66.1, Alameda County
Code)
Sections:
4.16.010
4.16;020 .
4.16.030
4.16.040
4.16.050
4.16.060
4.16.070
4.16.080
4.16.090
4.16.100
4.16.110
4.16.120
4.16.130
PEDDLERS
Permit required.
Definitions.
Enforcement officer
designated.
Place of registration.
Permit-Application.
Permit- Investigation
and issuance.
Permit-Expiration.
Permit-Exhibition.
permit-
Nontransferable.
Permitted hours of
activities.
Revocation of permit.
Appeal procednre.
Violation- Penalty.
4.16.010 Permit required.
A. [t is unlawful for any person to
engage in the business of peddler within
th~unincorporated area: of the county of
Alamed!Ywithout first obtaining a permit
as provided herein.
B. Permit fees therefor shall be
charged by theÇrheriff)in the amount
established by resolution of the@oard of
Supervisors)upon recommendation of
the(5heriIT)(Ord. 13 § I (part), 1982: §
2-66.0, Alameda County Code)
4.16.020 Definitions.
For the purposes of this chapter, the
words set out in this section shall have the
following meanings:
4.16.030 Enforcement officer
designated.
It shall be the duty ofany~eputy Sher-
iITþf the ~ounty of Alamed:Yto require
any person seen peddling, soliciting or
canvassing, and who is not known by
such officer to have a permit to produce
his pennit and to enforce the provision of
this chapter against any person found to
be violating the same. (Ord. 13 § I (part),
1982: § 2-68.0, Alameda County Code)
;¡ù";¡p ~ o&fJ'ifð W/lW¡¡/' I,,: (i!WjA~ .þtJh;'ß~
0/zULJj4.d.t,çf. II t¡µ JlÜ(JÚ/!jßÛ ('12_ cAe pt. .
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4.16.040 Place uf registratiuß.
The applicant for a pennit under this
chapter must register and obtain a pennit
from the Sherifrs Department at the fol·
lowing places:
A. for operation within Eden Town-
ship. registration will be at the Sherifrs
. Department Substation. 224 West Win-
ton Avenue, Hayward, California;
B. for operation within Pleasanton or
Murray Township, registration will be at
the Santa Rita Rehabilitation Center,
Highway No. 50, Pleasanton, California.
(Ord. 13 § 1 (part), 1982: § 2-66.2,
Alameda County Code)
4.16,050 Permit-Application,
Applicants for permits under this
chapter must file with the(Sherifrs
Departmen~ sworn application in writ-
ing on a fonn to be furnished by the
(Sherifrs Departmenywhich shall give the
following information:
A. Name and description of the appli-
cant;
B. Address (legal and local);
C. A brief description of the nature of
the business:
D. Ifemployed, the name and address
of the employer;
E. The length of time for which the
right to do business is desired;
E If a vehicle is to be used, a descrip-
tion of the same, together with license
number or other means of identification;
G. Two (2) photographs of the appli-
cant, which picture shall be two inches by
two inches (2" x: 2") showing the head and
shoulders of the applicant in a clear and
distinguishing manner:
H. The tingerprints of the applicant;
.
4,16.040
!. A statement as to whether or not the
applicant has been convicted of any
crime or misdemeanor involving moral
turpitude, (Ord. 13 § 1 (part), 1982: §
2-66,3, Alameda County Code)
4.16.060 Permit-Investigatiun and
issuance,
A. Upon receipt of such application
the(Sheric9shall cause such investigation
of the applicant's business and moral
character to be made as he deems neces-
sary for the protection of the public good.
B. If, as a resuit of such investigation,
the applicant's character or business
responsibility is found to be unsatisfac-
tory, the(Sherir9shall disapprove same
and notify the applicant that his applica-
tion is disapproved and that no permit
will be issued.
C. If, as a reSult of such investigation,
the character and business responsibility
of the applicant are found to be satisfac-
tory, the(Sheriff)shall endorse on the
application his approval, ex:ecute a per-
mit addressed to the applicant for the
carrying on of the business applied for
and return said permit to the applicant.
Such permit shall contain the signature
of the issuing officer and shall show the
name and address of said permittee, the
kind of goods to be sold thereunder, the
date of issuance and the length of time
the same shall be operative. The(Sheriff)
shall keep a record of all permits issued
for a period of one (I) year from ex:pira-
tion date. (Ord. 13 § I (part), 1982: §
2-66.4, Alameda County Code)
4.16.070 Permit-Expiration.
All permits issued under the provi-
sions of this chapter shall e:<pire on the
111
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4.16.070
date specified in the permit. (Oed. 13 § I
(part), 1982; § 2-66.5, Alameda County
Code)
4.16.080 Permit-Exhibition.
Peddlers are required to exhibit their
permits at the request of any citizen.
(Ord. 13 § I (part), 1982; § 2-66.7,
Alameda County Code)
4.16.090 Permit-Nontransferable.
No permit issued under the provisions
of this chapter shall be used at any time
by any person other than the one to
whom it was issued. (Ord. 13 § I (part),
1982: § 2-66.8, Alameda County Code)
4.16.100 Permitted hours of
activities.
Hours of activities of permittee are
limited from nine a.m. (9:00 a.m.) until
nine p.m. (9;00 p.m.); provided, that the
permittee will engage in no activities at
properties properly posted prohibiting
peddling. (Ord. 13 § I (part), 1982; §
2-66.6, Alameda County Code)
4.16.110 Revocation of permit.
Permits iS$ued under the provisions of
this chapter may be revokedfY the~her-
itTofthe county of Alamed¡yat any time
for any of the following causes;
A. Fraud, misrepresentation or false
statement contained in the application
for the permit:
B. Fraud, misrepresentation or false
statement in the course of carrying on his
business;
C. Any violation of this chapter;
.
D. Conviction of any crime or misde-
meanor involving moral turpitude;
E. Conducting the business of ped-
dling in an unlawful manner or in such a
manner as to constitute a breach of the
peace or to constitute a menace to the
health, safety, or general welfare of the
public. (Ord. 13 § 1 (part), 1982; § 2·68.1,
Alameda County Code)
4.16.120 Appeal procedure.
Any person aggrieved by the action of
the~heriq)in the denial of a permit or in
the revocation of a permit shall have the
right of appeal to the (Soard of Super-
visors of the county of Alamed!V Such
jlPpeal shall be taken by filing with the
(Board of Supervisors) within five (5) days
after notice of the action complained of
has been given such person, a written
statement setting forth fully the grounds
for the appeal. The(soar~shall set a time
and place for a hearing on such appeal
and notice of such hearing shall be given
to the applicant at least five (5) days prior
to the date set for the hearing. The deci-
sion and order of the (Éoard)on such
appeal shaH be final and conclusive.
(Ord. 13 § 1 (part), 1982; § 2-68.2,
Alameda County Code)
4.16.130 Violation-Penalty.
Any person violating any of the provi-
sions of this chapter shall, upon
conviction thereof, be punished by a fine
not to exceed one hundred dollars ($100)
or by imprisonment not to exceed sixty
(60) days, or both such fine and
imprisonment. (Ord. 13 § I (part), 1982; §
2-68.3, Alameda County Code)
112
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A MpÙL(!¿
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must, upon demand by the Director, per-
mit such inspection of records, opera-
tions, facilities or other matters as may be
necessary to ensure compliance with this
chapter. (Ord. 2-86 § 2 (5·504»
5.32.340 Right of entry.
A." Whenever necessary to make an
inspection to enforce any of the provi-
sions of this chapter, or whenever the
Director has reasonable cause to believe
that there exists in any building or upon
any premises any condition which con·
stitutes a violation of the provisions of
this chapter, the Director may enter such
building or premises at all reasonable
times to inspect the same or perform any
duty imposed upon the Director by this
chapter; provided, that (i) if such bl!ild-
ing or premises be occupied, he shall first
present proper credentials and demand
entry; and (ii) ifsuch building or premises
be unoccupied, he shall first make a rea-
sonable effort to locate the owner or
other persons having charge or control of
the bjlilding or premises and demand
entry.\!£such entry is refused the Director
shall have recourse to every remedy pro-
vided by law to secure entryJ
B. No owner or occupant or any other
person having charge, care or control of
aIlY building or premises shall fail or
refuse, after proper demand made as
herein provided, promptly to permit
entry therein by the Director for the pur-
pose of inspection and examination pur-
suant to this chapter. (Ord. 2-86 § 2
(5-505))
5.32.350 Nuisance-Civil remedies.
The violatioIl of any of the provisions
of this chapter shall also be deemed a
.
5.32.330
nuisance, and a civil action may be
brought to abate, eIljoin or otherwise
compel the cessation of such IIuisance.
(Ord. 2-86 § 2 (5·506))
5.32.360 Violation-Penalty.
AIIY person who shall violate any of
the provisions of Section 5.32.050, Sec-
tions 5.32.130 and 5.32.150, Sections
5.32.160 through 5.32.180 or Section
5.32.240 shall be guilty of a misde-
meanor, and upon conviction thereof
shall be punished by a fine not to exceed
one thousand dollars ($1,000) for each
violation, or by imprisonment in the
County Jail for not more than six (6)
months, or both. Any person who shall
violate any of the provisions of Sections
5.32.060, 5.32.070 or 5.32.080 shall be
.guilty of an infraction and upon convic-
tion thereof shall be punished as pro'
vided in Government Code Section
36900. The Director and/or Alameda
County Health Officer are designated as
the enforcemen t authority ofthose provi-
sions which are designated as infractions.
(Ord. 14--88 § 2: Ord. 2-86 § 2 (5·507»
Article VI. Procedures for Revocation
of Permits
5.32.370 Failure to furnish requested
information.
The Director may at any time require
any person to whom a permit has been
granted under this chapter to furnish the
Director with the plans and a report of
operations conducted by such permittee.
If the holder of such permit wilfully fails
and refuses to furnish such plans and
report of operations to the Director
within a reasonable time after such
157
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5.36.050
health alld safety of buildillg ordinallce
relating to the keeping of the permitted
animals; or
2. The permittee has failed to keep
and maintain the premises or housing for
the permitted animals in a clean alld san-
itary conditioll; or
3. The permittee has, at the place for
which the permit is issued, failed to pro-
vide any animal with proper food, water,
shelter or attention; or
4. The permittee has violated any
rules, regulations or conditions adopted
by the Director as necessary to insure the
permitted animal will not endanger the
peace, health or safety of allY person or
property; or
5. The permittee has changed the
location of his residence or sells, assigns,
transfers, donates, leases, or otherwise
disposes of the permitted animal for
which the permit was issued.
B. If, after investigation, the Director
concludes that it is probable that one or
more of the above grounds for revocation
has occurred, he shall cause written
notice thereof to be transmitted by cer-
tified mail to the address of the permittee.
The notice shall specify the grounds of
possible revocation of the permit and
shall specify a date and time for an infor-
mal hearillg to be held before the Direc-
tor thereon. The date shall not be less
than ten days subsequent to the date of
deposit of the notice in the mail.
C. After the informal hearing, the
Director may modify the terms thereofor
revoke the permit dependillg upon the
permittee's ability and/or willingness to
comply with the requirements of this
chapter.
.
D. In the event that it is reasonably
necessary to protect against an immedi-
ate ihreat of danger to the public health
or safety, the Director may suspend any
permit summarily, without a hearing, for
a period not to exceed thirty days. (Ord.
27-87 § 3)
5.36.060 Inspection-Impoundment.
A. The premises on which a permitted
animal is maintained shall be open at any
reasonable hour for inspection by the
Director. . ,{ - / J
B. The Director shall have the author-} d.tI..J:£U'-, .<J.
ity to enter the premises at any reason- /~j_pJ.l (JJ..,;
able hour in a lawful manner, and to take . ,.j - .
up, impound, and safely keep any anim~ !Vt/Jr.,j 1/!¿u.J
UpOIl d~nial, revocation, or suspension of /l!'¿f..!X.d iZ...t
a permit or when any owner refuses to Û '
apply,for a permit.
C. Procedures for the reclamation,
redemption and destruction of
impounded animals shall be accom-
plished pursuant to this chapter. (Ord.
27·87 § 4)
5.36.070 Animals in vehicles.
A. No person, other than an indi-
vidual actually working a dog for
ranching purposes, shall transport or
carry on any public highway or public
roadway, any dog in a motor vehicle
unless the dog is safely enclosed within
the vehicle or protected by a cap or con-
tainer, cage, cross-tether or other device
to prevent the dog from falling from,
being thrown from, or jumping from, the
motor vehicle. AS used herein, "motor
vehicle" includes a trailer.
B. No person shall leave adogorother
animal in an unattended motor vehicle
wihout adequate ventilation or in such a
162
.
3. The pennittee has atthe place for
which the pennit is issued, failed to
provide any exotic animal with proper
food, water, shelter or attention; or
4. The pennittee has violated any
rules, regulations or conditions
adopted by the Director as necessary
to insure the exotic animal will not
endanger the peace, health or safety of
any person or property; or
5. The pennittee has changed the
location of his residence or his place of
business or sells, assigns, transfers,
donates, leases, or otherwise disposes
of the exotic animal for which the per-
mit was issued.
B. If, after investigation, the Direc-
tor concludes that it is probable that
one or more of the above grounds for
revocation has occurred, he shall cause
written notice thereof to be transmit-
ted by certified mail to the address of
the pennittee. Such notice shall spec-
ify the grounds for possible revocation
of the penn it and shall specify a date
and time for an infonnal hearing to be
held before the Director thereon. Said
date shall be not less than ten days
subsequent to the date of deposit. of
the notice in the mail.
C. After the infonnal hearing, the
Director may modify the terms ability
and(or willingness to comply with the
requirements of this article.
D. In the event that it is reasonably
necessary to protect against an imme-
diate threat or danger to the public
health or safety. the Director may sus-
pend any pennit summarily, without a
hearing, for a period not to exceed
thirty (30) days. (Ord. 27~87 § 53)
173
.
5.36.530
5.36.540 Inspection-
Impoundment.
A. The premises on which an
exotic animal is maintained shall be
open at any reasonable hour for
inspection by the Director. .
B. The Director shall have thei it (
authority to enter the premises at any w..dt¿tz-
reasonable hour in a lawful manner, i IV¡i!d(
and to take up, impound, and safely . '/.1(."1:/
keep an exotic animal upon denial, l·..!D
revocation, or suspension of a permitiÍœUJ,
or whe~ any owner refuses to apply for :;¿j:l'((;;'f;':
a pennlt. ()
C. Procedures for the reclamation,
redemption and destruction of
impounded exotic animals shall be
accomplished pursuant to Section
5.36.370 et seq. (Ord. 27-87 § 54)
5..36.550 Exemptions.
The provisions of this article are not
applicable to the followiog:
A. Owners who use animals for
diagnostic purposes or research, and
who have a valid pennit issued by a
governmental agency and whose ani-
mals are kept on the premises specified
in the penn it;
B. Owners who use animals for
teaching purposes in recognized edu-
cational institutions and whose ani,
mals are kept on the premises of the
institution or other authorized place;
C. Owners of establishments which
treat or board animals on the premises
and which are owned or operated by
veterinarians licensed by the state of
California;
D, Owners who are engaged in agri-
culture as a pennitted use pursuant to
.
5.60.010
JjYJ1ÍÞ .fÆUhv ¥
"¡Chllpter 5.60
WEED AND LITfER ABATEMENT
Sections:
5.60.010
5.60.020
5.60.030
5.60.040
Declaration of findings.
Definitions.
Litter prohibited.
Enforcement.
5.60.010 Declaration of findings.
The Board of SupervisoJ."S finds and
declares that the accumulation upon
streets, sidewalks and private property of
rubbish, garbage, grass, weeds and other
rank growths may cause serious fire haz-
ards, provide a harborage for rodents and
a breeding media for insects; that such
wastes by their presence may Injuriously
affect the health, safety, comfort and wel-
fare of persons In the vicinity thereof; and
that such wastes produce unsightliness
resulting in depreciation of property val·
ues and the comfortable enjoyment of
life. (§ 3-150.0, Alameda County Code)
5.60.020 Definitions.
Definitions as used in this article:
"Garbage" means putrescible animal
and vegetable wastes resulting from the
handling, preparation, cooking and con·
sumptlon of food.
"Litter" means "garbage" and "rub-
bish" as defined herein and all other
waste material which, if thrown or depos-
ited as herein prohibited, tends to create a
danger to public health, safety and wel-
fare.
.
"Rubbish" means nonputresclble
solid wastes consisting of both combusti-
ble arid noncombustible wastes, such as
paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood,
grass, bedding, crockery and similar
materials. (§ 3-150.1, Alameda County
Code)
5.60.030 Litter prohibited.
It Is unlawful for any peJ."Son to place or
maintain or pennlt to be placed or main·
tained upon any street, sidewalk or prop-
erty owned or occupied by that peJ."Son
any litter, dirt, grass, weeds or other rank
growths in such a manner as to be inju-
rious to the health, safety or economic
welfare of the residents of the vicinity. (§
3-150.2, Alameda County Code)
,
5.60.040 Enforcement.
The provisions of this chapter may be
enforced pursuant to the provisions of
Chapter 6 of Title 7 of the Alameda
County Code. If any violation of this
chapter constitutes a seasonal and recur-
rent nuisance, the Board of SupervisoJ."S
shall so declare. Thereafter such seasonal
and recurrent nuisance shall be abated
every year without the necessity of any
further hearing. The procedure set forth
in Section 3-34.2(c) of the Alameda
County Code shall be followed in the case
of any violation of this chapter which has
previously been declared to constitute a
seasonal and recurrent nuisance. (§
3-150.3, Alameda County Code)
194
C.,·
.
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 methodes) of abatement are:_
All persons ha virig 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:
(Ord. 13-88 § 3.3)
.
5.64.090
5.64.100 Administrative hearing-
Procedure.
A. 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.
The hearing may be continued from time
to time.
B. If the City Manager finds that such
public nuisance does exist and that there
is sufficient cause to rehabilitate, demol-
ish, remove or repair the same, the City
Manager shall prepare findings and an
order, which shall specify the nature of
the nuisance, the methodes) of abate-
ment 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 5.64.120. A
copy of the findings and order shall be
served on all owners of the subject prop-
erty in accordance with the provisions of
Section 5.64.090. In addition, a copy of
the findings and order shall be forthwith
conspicuously posted on or near the
property. (Ord. 13·88 § 3.4)
5.64.110 Nuisance finding-
Procedure when no appeal.
In the absence of any appeal, the prop-
erty shall be rehabilitated, repaired,
removed or demolished in the manner
and means specifically set forth in the
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 con-
tract. The costs shall be billed to the
owner, as specified in Section 5.64.170.
199
.
5.64.110
,J).Ll.f.-lllo
! --¡,lU¡itlc,¿ he City Manager is expressly autho-
! ¿V¿tiL rized to enter upon the property for such
I (Í1JlW. purposes. (Ord. 13·88 § 3.5)
/¿t¿tlt{ß#!..¡5.64.120 Appeal procedure.
(j A. 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) cal-
endar days of the date of service of the
City Manager's decision. The appeal
shall contain:
I. A specific identification of the sub-
ject property;
2. The names and addresses of all
appellants;
3. A statement of appellant's legal
interest in the subject property;
4. A statement in ordinary and con-
cise language of the specific order or
action protested and the grounds for
appeal, together with all material facts in
support thereof;
5. The date and signatures of all
appellants; and
6. The verification of at least one (1)
appellant as to the truth of the matters
stated in the appeal.
B. As soon as practicable after receiv-
ing 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 gr;¡nted by the Council on request of
the owner for good cause shown, or on
the Council's own motion. (Ord. 13-88 §
3.6)
5.64.130 Appeal hearing procedure.
A. All hearings shall be tape recorded.
B. Hearings need not be conductcd
according to the technical rules of evi-
dence.
C. Hearsay evidence may be used for
the purpose of supplementing or explain-
ing any direct evidence, but shall not be
sufficient in itself to support a finding
unless it would be admissible over objec-
tion in civil actions in courts of compe-
tent jurisdiction in this state. Any
relevant evidence shall be admitted ifit 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 stat-
utory rule which might make improper
the admission of such evidence over
objection in civil actions in courts of
competent jurisdiction in this state.
D. Oral evidence shall be taken only
on oath or affirmation.
E. Irrelevant and unduly repetitious
evidence shall be excluded. (Ord. 13-88 §
3.9)
5.64.140 Decision by City Council.
Upon the conclusion of the hearing,
the Council shall determine whether the
property or any part thereof, as main-
tained, constitutes a public nuisance. If
the Council so finds, the Council shall
adopt a resolution declaring such prop-
erty to be a public nuisance, setting forth
200
cAJ'lda 1;
/ï.~.p0 OJ
{Va Jj //1JLúJ
/l;.¿',th(?
.
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 the resolution.
The resolution shall set forth the time
within which such work shall be com-
pleted by the owner, in no event less than
thirty (30) days. The decision and order
of the Council shall be final. (Ord. 13-88 §
3.7)
5.64.150 Service of order to abate.
A copy ofthe resolution of the Council
ordering the abatement of said nuisance
shall be served upon the owner(s) of the
property in accordance with the provi-
sions of Section 5.64.090. Upon abate-
ment in full by the owner, the
proceedings hereunder shall teoninate.
(Ord. 13-88 § 3.8)
5.64.160 Filing appeal of City
Council's decision-Time
limit.
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. (Ord.
13·88 § 3.11)
5.64.170 Abatement by city.
A. If such nuisance is not abated as
ordered within the abatement period, the
City Manager shall cause the same to be
abated by city employees or private con-
tract. [Ï'he City Manager is expressly
authorized to enter upon said property
for such purposegThe cost, including
incidental expenses, of abating the nui-
sance shall be billed to the owner and
shall become due and payable thirty (30)
.
5.64.140
days thereafter. The teon "incidental
expenses" means and includes, but is not
limited to, personnel costs, both direct
and indirect, including attorney's fees;
costs incurred in documenting the nui-
sance; the actual expenses and costs of
the City in the preparation of notices,
specifications and contracts, and in
inspecting the work; and tbe costs of
printing and mailing required hereunder.
B. A person shall not obstruct,
impede, or interfere with the City Man-
ager, or his representative, or with any
person who owns, or holds any interest or
estate in any property in the perfonnance
of any necessary act, preliminary to or
incidental, carrying out an abatement
order issued pursuant to Sections
5.64.100 and 5.64.140 of this chapter.
(Ord. 13·88 § 3.10)
5.64.180 Demolition restrictions.
No property shall be found to be a
public nuisance under Sections 5.64.040
K or 5.64.050 J and ordered demolished
unless the order is based on competent
sworn testimony and it is found tbat in
fairness and in justice there is no way
other than demolition reasonably to cor-
rect such nuisance. (Ord. 13-88 § 3.12)
5.64.190 Notice of intent to
demolish.
A copy of any order or resolution
requiring abatement by demolition
under Sections 5.64.100 or 5.64.150 shall
be forthwith recorded with the Alameda
County Recorder. (Ord. 13-88 § 3.13)
Article IV. Lien Procedure
5.64.200 Record of cost of
abatement.
The City Manager shall keep an
account of the cost, including incidental
201
.
6.80.020
unreasonable in relation to uses permit-
ted in the zoning district in which such
vehicles or parts of vehicles are kept.
"Wrecked vehicle" means a vehicle
which has suffered physical damage to
the extent that it either physically or
legally cannot be driven upon a street.
(Ord. 59·87 § 2)
6.80.030 Enforcement official
designated.
This chapter shall be administered by
the City Manager, except that the
removal of vehicles or parts thereof from
Ñ . / .. property mayp by any other duly autho-
~t.f...) rized person.IT.he City Manager or other
if. Æ¿¡:6rn¿?UlY authorized person may enter upon
W¿Û¿ "private or public property to examine a
Ill' vehicle or part thereof, to obtain infor-
. €£tJ. mation as to the identity of a vehicle or
/'J(J¿l'1 ctj,("part thereof and to remove or cause the
() removal of a vehicle or part thereof,
declared to be a public nuisance by or
pursuant to this chapter. (Ord. 59-87 § ~
6.80.040 Applicability.
A. This chapter shall not apply to:
l. A vehicle or part thereof which is
completely enclosed within a building in
a lawful manner where it is not visible
from the street or other public or private
property; or
2. A vehicle or part thereof which is
stored or parked in a lawful manner on
private property in connection with the
business of a licensed dismantler,
licensed vehicle dealer or licensed
junkyard, or when such storage or park-
Ing is necessary to the operation ofa law-
fully conducted business or commercial
enterprise.
.
B. Provided, however, that this excep-
tion shall not authorize the maintenance
of a p'ublic or private nuisance as defined
under provisions of law other than this
chapter or Chapter 10 of Division 11 of
the Vehicle Code of the state of Califor-
nia. (Ord. 59-87 § 4)
6.80.050 Notice of intention to
abate.
A. A ten (10) day notice of intention
to abate and remove a vehicle or part
thereof as a public nuisance shall be
mailed by registered or certified mail to
the owner of the land as shown on the last
equalized assessment roll and to the last
registered and legal owners of record
unless the vehicle or part thereof is in
such condition that identification num-
bers are not available to determine
ownership. No such notice shall be
required if the property owner and the
owner of the vehicle or part thereof have
signed reieases authorizing removal and
waiving further interest in the vehicle or
part thereof. Such notice shall contain a
statement of the hearing rights of the
owner of the property on which the vehi-
cle or part thereof is located and thc
owner ofthe vehicle and the information
contained in Vehicle Code Section
22661(d). The statement shall include
notice to the property owner of his option
under Section 6.80.080. The notice shall
be mailed by registered or certified mail
to the owner of the land as shown on the
last equalized assessment roll and to the
last registered and legal owners of record
unless identification numbers are not
available due to the condition of the vehi-
cle.
270
.
B. Notice of intention to abate, as pro-
vided in subsection A of this section, is
not required for removal of a vehicle or
part thereof which is inoperable due to
the absence of a motor, transmission, or
wheels and incapable of being towed, is
valued at less than two hundred dollars
($200) by a person specified in California
Vehicle Code Section 22855, and is
detennined by the City Manager to be a
public nuisance presenting an immediate
threat to public health or safety; pro-
vided, that the propeny owner has signed
a release authorizing removal and waiv-
ing further interest in the vehicle or part
thereof. The City Manager shall not dis-
pose of any such vehicle under California
Vehicle Code Section 22662 unless he
shall have provided notice to the regis-
tered and legal owners of intent to dis-
pose of the vehicle or part, and the
vehicle or part is not claimed and
removed within twelve (12) days after the
notice is mailed. This subsection applies
only to inoperable vehicles located upon
a parcel that is (I) zoned for agricultural
use; or (2) is not improved with a residen-
tial structure containing one or more
dwelling units. (Ord. 59-87 § 5)
6.80.060 Public hearing upon
request.
Upon request by the owner of the vehi-
cle or pan thereof or the owner of the
land on which such vehicle or part
thereof is located, delivered to the City
Manager within ten (10) days after the
mailing of notice of intention to abate
and remove the vehicle or part thereof, a
public hearing shall be held by the City
Manager to detennine whether the vehi-
cle or part thereof shall be abated and
.
6.80.050
removed as a public nuisance and
whether the administrative costs and the
costs of abatement and removal shall be
assessed against the land. A sworn writ-
ten statement of the owner of the land
denying responsibility for the presence of
the vehicle or part thereof on his land
shall be construed as a request for hear-
ing. (Ord. 59-87 § 6)
6.80.070 Notice of hearing.
The City Manager shall set a date for
the public hearing and shall deliver
notice thereof to the persons and in the
manner specified in Section 6.80.050 not
less than ten (10) days prior to such date.
(Ord. 59-87 § 7)
6.80.080 Hearing procedure.
The hearing shall be held before the
City Manager who shall hear all facts and
testimony he deems pertioent. Such facts
and testimony may include testimony on
the condition of the vehicle or part
thereof and the circumstances concern-
ing its location on private property or
public property. The City Manager shall
not be limited by the technical rules of
evidence. The owner of the land on
which the vehicle or part thereof is
located may appear in person at the hear-
ing or preseot a sworn writteo statement
denying responsibility for the presence of
the vehicle or part thereof on the land,
with his reasons for such denial. (Ord.
59-87 § 8)
6.80.090 Finding-Landowoer not
liable.
If it is detennined at the hearing that
the vehicle or part thereof was placed on
271
jJ~LÙf¿,
t lufÚJ-&
¿1J1.1£
íf/.t¿O.
/{.t.(/lþ{fL .
.
6.80.090
the land without the consent of the land-
owner and that he has not subsequently
acquiesced in its presence, the City Man-
ager shall not assess costs of administra-
tion or abatement and removal against
the land or otherwise attempt to collect
such costs from such owner. (Ord. 59-87
§ 9)
6. 0.100 Abatement of vehicle.
If releases have been signed pursuant
to Section 6.80.050. or if a request pur-
suant to Section 6.80.060 is not received.
or if the City Manager, after hearing,
determines that the vehicle or part
thereof constitutes a public nuisance, the
City Manager or other duly authorized
person shall abate and remove the vehi-
cle or part thereof from the land in
accordance with the provisions of Cal-
ifornia Vehicle Code Sections 22660 et
seq., e¡¡cept as otherwise provided in Sec-
tions 6.80.110, 6.80.120 and 6.80.130.
After a vehicle has been abated and
removed, it shall not be reconstructed or
made operable, unless it is a vehicle
which qualifies for either horseless car-
riage license plates or historical vehicle
license plates, pursuant to Section 5004
of the Vehicle Code of the state of Cal-
I ifornia, in which case the vehicle may be
reconstructed or made operable. (Ord.
~-87 § 10)
6.80.110 Appeal-Hearing required.
The owner of the land upon which the
vehicle or part thereof is located or the
owner of the vehicle or part thereof may
appeal the determination after hearing of
the City Manager to the City Council by
filing written notice thereofwith the City
Clerk within five (5) days after having
.
received notice of such determination
from the City Manager. If such notice is
filed, the City Council shall hold a public
hearing thereon. (Ord. 59-87 § II)
6.80.120 Notice of appeal hearing.
The City Clerk shall set a date for the
public hearing on appeal and shall
deliver notice thereof to tbe persons and
in the manner specified in Section
6.80.050 not less than five (5) days prior
to such date. (Ord. 59-87 § 12)
6.80.130 Hearing de novo.
The City Council shall hold a public
hearing de novo on the appeal. The City
Council shall succeed to and may e¡¡er-
cise all powers otherwise vested in the
City Manager by this chapter. The deter·
minatipn of the City Council shall be
final. (Ord. 59-87 § 13)
6.80.140 Assessment of costs.
E¡¡cept as provided in Section
6.80.090, the costs of administration and
removal may be assessed against the land
from which the vehicle or part thereof
was abated and removed, to be collected
at the same time and in the same manner
as ordinary city !a¡¡es are collected, and
shall be subject to the same penalties and
the same procedure and sale in CMe of
delinquency as provided for ordinary city
taxes. All laws applicable to the levy, col.
lection and enforcement of city ta¡¡es
shall be applicable to such assessment.
(Ord. 59-87 § 14)
6.80.150 Notice to Department of
Motor Vehicles.
Within five (5) days after abatement
and removal, notice shall be given to the
272
.
"Party concemed" means the person,
ifany in real or apparent charge and con-
trol of the substandard property, the
record owner, the holder of any mort-
gage, trust deed or other lien or
encumbrance of record, the owner or
holder of any lease of record, the record
holder of any other estate or interest in or
to such property. As used in this subsec-
tion all reference to "record" means mat-
ters of record in the office of the County
Recorder of the county of Alameda
which definitely and specifically
describes the premises involved.
"SlIbstandard conditions" mean and
include, but are not limited to, the fol·
lowing:
A. An existing building, structure,
electrical, plumbing or mechanical
installation or portion thereof which is
dangerous as defined in Sections
7.28.050 through 7.28.080, which is sllb-
standard as defined in Section 7.28.090,
or which is illegal as defined in Section
7.28.100;
B. The existence of any other condi·
tion to an extent that endangers the life,
limb, health, property, safety, or welfare
of any person.
"SlIbstandard property" means and
incllldes any building, structure or land
lIpon which substandard conditions
exist. (Ord. 21-89 §§ 71.1, 71.2, 71.3, 71.4,
71.5, 71.9)
7.52.030 Enforcement Official
designated.
The Enforcement Official or his
designee shall be the person authorized to
administer the provision of this chapter
shall be as follows:
.
7.52.020
A. The Building Official for matters
regulated in Chapters 7.32, 7.36, 7.40,
7.44 and 7.48 except as set forth in sub-
section B of this section;
B. The Alameda County Health
Officer for matters pertaining to private
water supplies, private sewage disposal
systems, infestation of insects, veonin or
rodents, storage and removal of garbage,
sanitation of bedding;
C. The Director of Public Works for
matters regulated in Chapter 7.16. (Ord.
21-89 § 71.6)
7.52.040 HeaTing Officer
designated.
The Hearing Officer authorized to
conduct hearings under this chapter or
his designee shall be as follows:
A. The Alameda County Health
Officer in proceedings initiated by the
Director of the Environmental Health
Division;
B. The City COllncil in proceedings
initiated by the Building Official or
Director of Public Works. (Ord. 21-89 §
71.7)
7.52.050 Right of entry. .\
Whenever necessary to make an
i~spection to enforce any of the provi- Jí:/L:l"
Slons of this code or whenever the Ii \ ..-
Enforcement Official or Hearing Officer I : ' /u.¡J ~'
has reasonable cause to believe that a I ¿M[;Í/)'i/t
violation of this Ordinance exists in any i/fI.¿Jr.{Yt:;l
building or any premises, or there exists I> l/
in any building or upon any premises any
condition which makes the building or
premises dangerous, substandard, '
unsanitary, or a menace to life, health or
property, he may enter such building or
premises at all reasonable times to
417
.
7.52.050
inspect the same or to perfoon any duty
imposed upon him by law, ordinance,
rule, or regulation; provided that if such
building or premises is occupied, he shall
first present proper credentials and
demand entry. If such entry is refused,
the Enforcement Official shall have
recourse·. to every remedy provided by
I law to secure entry, specifically as pro-
vided in Code of Civil Procedure Sec-
~tions 1822.50 et seq. (Ord. 21-89 § 71.8)
Article II. Enforcement Procedures
7.52.060 Determination of
Enforcement Official.
Whenever the Enforcement Official
deteonines by inspection that any exist-
ing building or portion thereof, or any lot
or other premises, is substandard prop-
erty, as defined in this chapter, such
building or premises, or both, are hereby
declared a public nuisance, and the
Enforcement Official may order the
abatement of the nuisance by demoli-
tion, repair or rehabilitation of the sub-
standard building portion thereof or at
the option of the party concerned by
demolition thereof. The order also may
require that the building be vacated. If .
the premises are substandard the
Enforcement Official also may order that
the substandard conditions be
removed.(Ord. 21-89 § 72.0)
7.52.070 Informal notice.
When the Enforcement Official has so
found, in addition to any notices here-
after required by this chapter, he may
give to the occupants of the substandard
property, and to any other person whom
.
he deems should be so notified, infoona-
tion concerning the provisions of this
chapter, any violation thereof, how the
person notified may comply and any
other infoonation as he deems expedi-
ent. He may post such infoonation on
the substandard property. (Ord. 21-89 §
72.1)
7.52.080 Order of Enforcement
Official.
A. rf, in the opinion of the Enforce-
ment Official, the property is found to be
substandard, the Enforcement Official
may give to the party concerned written
notice thereof;
B. The notice shall set forth the street
address and a legal description or the
County Assessor's designation of the
. premises, contain a concise but complete
descriþtion of the facts constituting the
public nuisance with ~eference to
applicable Code sections; and the pro-
posed method of abatement;
C. The notice may require the owner
or person in charge of the substandard
property to complete the required abate·
ment of the substandard conditions
within thirty (30) days, or such othertime
limit as the Enforcement Official may
stipulate; and shall direct them to appear
before the Hearing Officer at a stated
time and place and show cause why such
substandard property should not be con-
demned as a nuisance and said nuisance
be abated as herein provided;
D. The notice shall advise the owner
or person in charge or control of the
building, structure or premises, and all
interested persons, that failure to appear
at the hearing may be deemed an admis-
sion by him of the acts or omissions
418
.
B. The order of abatement shall set
forth the street address of the substan-
dard property and a legal description of
the premises sufficient for identification.
It shall contain a statement of the partic-
ulars of the conditions which render the
building, structure or premises a public
nuisance, and a statement. of the work
required to abate the nuisance. Refer-
ence may be made to the notice of hear-
ing for such statement of particulars with
an appropriate modification thereof.
C. The order shall specify the dates to
commence and complete the work of
abatement.
D. The time to commence or com-
plete the work may be extended for good
cause upon written application.
E. A copy of the order of abatement
shall be posted in a conspicuous place
upon the building or structure or other-
wise upon the substandard property; and
shall be served in the manner prescribed
for the service of notice of hearing. (Ord.
21-89 § 72.7)
7.52.140 Work by private party or
agency.
A. Any person having the legal right
to do so may repair or demolish a sub-
standard building or do any other work·
required to remove the substandard con-
ditions at any time prior to the time when
the Enforcement Official does so, but if
such person does such work after the
time specified in the last order of the
Hearing Officer, all costs incurred by the
city in preparation for the doing of such
work are chargeable to the property and
shall be collected as hereinafter provided.
.
7.52.130
B. If the order ofthe Hearing Officer is
not complied with within the period des-
ignated, the Enforcement Official may
then demolish the substandard building
or portions thereof, or may cause such
other work to be done to the extend nec-
essary to eliminate the hazard upon the
substandard property and other substan-
dard conditions determined to exist by
Hearing Officer.
C. When in the opinion of the
Enforcement Official substandard prop-
erty or portion thereof is an immediate
hazard to health or property, and the
abatement of such hazard requires
prompt action, the Enforcemen t Official
may then abate the substandard condi-
tion or may cause such other work to be
done to the extent necessary to eliminate
the hazard as provided in Sec.tion
7.52.080 E and without amendment to
the order of abatement.
D. The Enforcement Official may
cause the material of any building or
structure ordered to be demolished to be
sold. The sale shall include stipulations
that the building or structure be forth-
with demolished, the wreckage, and
debris removed and the lot cleaned. The
Enforcement Official may sell any such
building singly or otherwise, as he may
deem appropriate in order to insure that
the consideration obtained from one or
more building shall be adequate to pay
the cost of demolition and cleaning the
site. Any surplus from the sale of any
such building or structure, or group of
buildings or structures, over and above
the cost of demolition and cleaning the
site shall be distributed to persorts law-
fully entitled thereto. Any work of abate-
ment performed by the Enforcement
,JM1L¿
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421
.
7.68.100
7.68.100 Action by City Council.
At the time set for hearing, or at any
time to which the hearing may be con-
tinued, the City Council shall proceed to
hear and pass upon all protests or objec-
tions filed pursuant hereto its decision
shall be final and conclusive. The City
Council may sustain any objections and
abandon such proceeding, deny any and
all objections and by ordinance establish
said right-of· way lines described in the
resolution, or it may deny any and all
objections and by ordinance establish
such right-of-way lines with such changes
and modifications as it shall determine to
be p,Wper:'(or. d. 44-87 § 10)
.(, U.dd./ /l¿m (¡;ì? C(j .
7.68.110 Effect of right-of-way line.
Whenever any ordinance establishing
any right·of-way line or lines shall
become effective, it shall thereafter be
unlawful for any person, firm, pan-
nership, corporation, or other entity to
construct or erect any building or struc-
ture within the right-of-way established
by the newly established right-of-way
line. (Ord. 44-87 § II)
7.68.120 Nonconforming structures.
Existing buildings or structures non-
conforming to the requirements of
established right·of-way lines shall not be
altered or enlarged in any manner. (Ord.
44-87 § 12)
7.68.130 Variance procedure.
Variance may be granted from the
provisions of this chapter where unneces-
sary or unusual hardship is shown and
where such variance will not defeat the
purposes of the right-of-way lines estab-
lished by this chapter; provided, that the
.
applicant waives all claims for compen-
sation and damages caused by the taking
of any property affected by such a vari-
ance pursuant to the exercise of the right
of eminent domain or any other right of
this city or any other action.
B. The provisions governing the pro-
cedure for variances and appeals from
the zoning ordinance of the city shall
apply to the procedures for variances and
appeals from the provisions of this chap-
ter. (Ord. 44-87 §§ 13, 14)
7.68.140 Yard requirements-
Additional.
Yard and other requirements of the
zoning ordinance shall be separately
applied as requirements additional to
right-of.way line requirements required
herein. All yards, setbacks, and such reg-
ulations of the zoning ordinance of the
city shall be measured from the estab-
lished right-of-way lines herein. Notwith-
standing any provision to the contrary,
however, that ponion of any parcel that
lies between established right-of-way
lines shall be considered as pan of the lot
area when determining the number of
dwelling units that may be placed on a
parcel or the percentage of lot area that
may be covered by buildings or struc-
tures. (Ord. 44-87 § 15)
7.68.150 Previously established
right-of-way lines.
The following right-of-way lines have
previously been established by ordinance
prior to the adoption of this ordinance,
and the provisions of this chapter govern-
ing the establishment of right-of-way
lines shall not apply to these previousl y-
established right-of-way lines:
438