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HomeMy WebLinkAboutItem 8.2 Enforcement Policy for Zoning Ordinance (2) CITY CLERK File # D~b5l[Q]-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 19,1997 SUBJECT: EXHIBITS A TT ACHED: RECOMMENDATION: ~~ FINANCIAL STATEMENT: PA 95-027, Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance; and time frame for enforcing the above ordinances and codes. (Report prepared by: Dennis Carrington, Senior Planner/Zoning Administrator) Exhibit A) Resolution establishing the Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance (Attachment 1 to Exhibit A); and rescinding City Council Resolution 104-95. (Exhibit B) Resolution 97-16 of the Plmming Commission recommending establishment of the Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code and Property Maintenance Ordinance; rescinding Resolution 104-95; and recommending that the City Council give instruction to Staff to provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code and Property Maintenance Ordinance, followed by citations and fees. Exhibit C) Resolution 104-95 and Exhibit A to that resolution. I) Hear Staff presentation 2) Take testimony from the public 3) Question Staff and the public 4) Deliberate 5) Adopt Resolution (Exhibit A) establishing the Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance (Attachment 1 to Exhibit A); and rescinding City Council Resolution 104-95; and giving instruction to Staff to provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code, and-Property Maintenance Ordinance, followed by citations and fees; or give Staff other direction. Additional enforcement requirements beyond the complaint basis now used may require more staff time of existing staff. COPIES TO: PAFile ITEM NO. 8.2 DESCRIPTION: Proposed changes of the Policy for Enforcement of Zoning, Building, Housing, and Property Maintenance Violations; and direction to Staff on the time frame for enforcing the Zoning Ordinance, Building Code, Housing Code and Property Maintenance Ordinance are the subject of this report. BACKGROUND: The history of enforcement of Zoning, Building, Housing and Property Maintenance violations has varied through the years since incorporation. The City Council's policies toward enforcement have changed. Early in the City's history, many complaints were received about staffs enforcement actions, particularly in the business community. As a result, staff was instructed to enforce violations on a complaint basis only and provide adequate time to remedy violations. Today's adopted Council policy reflects a complaint basis for dealing with violations with a few exceptions. (Resolution 104-95). In 1996, Council requested that staff deal with banner violations on a systematic Citywide approach because of perceived problems in this area. During the process of development of the new Zoning Ordinance, the Planning Commission also raised several questions about other areas of code enforcement. During the revision discussions, the Planning Commission was concerned about the nature of enforcement of several provisions of the Zoning Ordinance and the Property Maintenance Ordinance. At a Public Hearing on July 22, 1997, the Planning Commission approved a resolution recommending that the City Council resolution establishing the Policy for Enforcement of Zoning, Building, Housing, and Property Maintenance Violations be amended to make certain issues enforceable without a complaint and others enforceable only with a complaint. The Planning Commission also recommended that the enforcement process be shortened. ANALYSIS: ENFORCEMENT The following matrix explains how the present Zoning Ordinance, building code, housing code and Property Maintenance Ordinance is enforced and the Planning Commission's recommended changes. In addition to the changes, the Planning Commission recommended that the present method of enforcement be shortened in terms of time. SUBJECT PRESENT PROPOSED CITY COUNCIL PLANNING , POLICY COMMISSION POLICY BUILDING CODE (no change) . General violations Complaint only Complaint only . Observed construction without permit Discretionary enforcement Discretionary enforcement . Observed violations while inspecting Discretionary enforcement Discretionary enforcement construction with a permit, follow-up to CUP's, variances . Public health and safety violations Discretionary enforcement Discretionary enforcement 2 SUBJECT PRESENT PROPOSED CITY COUNCIL PLANNING POLICY COMMISSION POLICY HOUSING, PROPERTY Complaint only Discretionary enforcement MAINTENANCE ORDINANCE ZONING ORDINANCE . Home occupations Complaint only Complaint only . Sheds visible over fence Complaint only Complaint only . Outdoor display of merchandise Complaint only Discretionary enforcement . Off-street recreation vehicle parking Complaint only Discretionary enforcement . Repair of vehicles not registered or Complaint only Discretionary enforcement dismantling of vehicles in front of residence . Temporary outdoor sales, not related to Discretionary enforcement Discretionary enforcement on-site businesses . All other zoning ordinance violations Complaint only Complaint only SIGN ORDINANCE . A-frame signs Complaint only Discretionary enforcement . Banners without permits Discretionary enforcement Discretionary enforcement . All other sign violations Complaint only Complaint only The Planning Commission also recommended that the language relating to how to file a complaint, investigation of complaints not being public records, how to deal with similar violations in the immediate area for which a complaint is not received, and anonymous complaints remain unchanged. TIME FRAME FOR ENFORCING THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE Presently, the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance have been enforced by means of a verbal warning and two warning letters (and sometimes more depending on the situation) followed by citations and fees. This procedure can sometimes be lengthy as to the time the violation must be cleared up or action will be taken. The period of time from a citizen complaint to resolution of the issue can sometimes be two to three months or longer. Although Staff makes every effort to keep the complainant informed of the progress of the enforcement ofa complaint, the length of time to resolution of the issue sometimes gives the complainant the impression that little or no action is being taken. The Planning Commission recommended at its July 22,1997, public hearing that the City Council give instruction to Staff to provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by citations and fees. 3 RECOMMENDA nON Staff recommends that the City Council, hear the Staff presentation, take testimony from the public, question Staff and the public, deliberate, and adopt resolution (Exhibit A) establishing the Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance (Attachment 1 to Exhibit A); and rescinding City Council Resolution 104-95; and give instruction to Staff to provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code and the Property Maintenance Ordinance, followed by citations and fees; or give Staff other direction. g:pa95027/c2enfsrl 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********************** ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE; AND RESCINDING RESOLUTION 104-95. WHEREAS; on August 22, 1995, the City Council of the City of Dublin did adopt Resolution 104-95 establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations and rescinding Resolution No. 63-88; and WHEREAS, Resolution] 04-95 identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law are already covered in City Ordinances and applicable sections of the State Law, however, this resolution provides additional clarification of enforcement provisions; and WHEREAS, the City Council is desirous of revising the Enforcement Policy for Zoning, Building, Housing and Property Maintenance Ordinance Violations; and WHEREAS, the City Council desires that certain enforcement issues be enforced without a complaint and that others be enforced on a complaint basis only; and WHEREAS, it is necessary to rescind Resolution No. 104-95 and adopt a new resolution. NOW THEREFORE BE IT RESOLVED: the City Council does hereby adopt the "Enforcement Policy for tne Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance", attached hereto and identified as Attachment ]. BE IT FURTHER RESOLVED: the City Council does hereby rescind Resolutioi'fNo. 104-95. BE IT FURTHER RESOLVED: the City Council does hereby direct Staff to provide one verbal warning and one written warning (wlless circumstances dictate more) on all enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by citations and fees. EXHIBIT A PASSED, APPROVED AND ADOPTED this 19th day of August, 1997. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk g:pa95027/c2enfrel Attachment "I" ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE This procedure is to be followed in investigating complaints about and enforcing possible violations of the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance. THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS: 1. Home Occupations. 2. Sheds visible over fences and walls. 3. Sign Regulations with the exception of A-frame signs, and Banner Signs without a permit. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT: I. Building work actually observed to be under construction without permits. 2. Violations observed on property where the inspector has a legitimate reason to be on the property, such as a routine follow-up on a Variance or Conditional Use Permit, or when inspecting construction under a permit. 3. Conditions brought to the attention ofthe City in any manner which involve public health and safety. 4. A-frame signs. 5. Banner Signs without permits. 6. Outdoor display of merchandise. 7. Off-street recreational vehicle parking. 8. Property Maintenance Ordinance. 9. Repair of automobiles or other vehicles which are not registered to the occupant of a residence. 10. Repair or dismantling of a vehicle in front of a residence. II. Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related To On-Site Established Business. Such a sale would be by a non-Dublin business that is not an on-site established Dublin business with all necessary licenses and permits. SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT RECEIVED. 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 violation may exist in the immediate vicinity and is not investigated because a complaint is not received. In such situations any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be enforccd 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, Community Development Director or Building Official determines that the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager, Community Development Director or Building Official. COMPLAINT INFORMATION Any person making a complaint shall give their name, address, and phone 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 additional information regarding the problem. INVESTIGATIONS OF COMPLAINTS ARE NOT PUBLIC RECORDS Section 6254 of the Government Code provides that records of investigations of complaints are not public records. Therefore, investie:ations of complaints will be kept confidential. and information will not be disclosed except as required by a court order. RESOLUTION NO. 97 - 16 RESOLUTION OF THE CITY OF DUBLIN *********************** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ESTABLISHMENT OF THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE, AND RESCINDING RESOLUTION 104-95. WHEREAS, on August 22,1995, the City Council of the City of Dublin did by Resolution 104-95 adopt a Resolution establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations and rescinding Resolution No. 63-88; and WHEREAS, the Resolution identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law are already covered in City Ordinances and applicable sections of the State Law, however, this resolution provides additional clarification of enforcement provisions; and WHEREAS, the Planning Commission has been concerned that violations of Zoning, Building, Housing, and Property Maintenance ordinances and policies have not been enforced; and WHEREAS, the Planning Commission desires that certain enforcement issues be enforced without a complaint and that others be enforced on a complaint basis only. NOW THEREFORE BE IT RESOLVED: the Planning Commission does hereby recommend that the City Council adopt the "Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance", attached hereto and identified as Attachment 1: BE IT FURTHER RESOLVED: the Planning Commission does hereby recommend that the City Council rescind Resolution No. 104-95. EXHIBIT 6 BE IT FURTHER RESOL VED: the Planning Commission does hereby recommend that the City Council give instruction to Staff to provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by citations and fees. PASSED, APPROVED AND ADOPTED this 22nd day of July, 1997. AYES: Commissioners Jennings, Johnson, and Orovitz NOES: None' ABSENT: Commissioner Hughes VACANCY: A vacancy existed on the Planning Commission at the time of this action. Planning Commission Chairperson ATTEST: Community Development Director g:pa95027/pcres02 Attachment" I " ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE This procedure is to be followed in investigating complaints about and enforcing possible violations of the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance. THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS: 1. Home Occupations. 2. Sheds visible over fences and walls. 3. Sign Regulations with the exception of A-frame signs, and Banner Signs without a permit. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT: I. Building work actually observed to be under construction without permits. 2. Violations observed on property where the inspector has a legitimate reason to be on the property, such as a routine follow-up on a Variance or Conditional Use Permit, or when inspecting construction under a permit. 3. Conditions brought to the attention of the City in any manner which involve public health and safety. 4. A-frame signs. 5. Banner Signs without permits. 6. Outdoor display of merchandise. 7. Off-street recreational vehicle parking. 8. Property Maintenance Ordinance. 9. Repair of automobiles or other vehicles which are not registered to the occupant of a residence. 10. Repair or dismantling of a vehicle in front of a residence. 11. Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related To On-Site Established Business. Such a sale would be by a non-Dublin business that is not an on-site established Dublin business with all necessary licenses and permits. SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT RECEIVED. 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 violation may exist in the immediate vicinity and is not investigated because a complaint is not received. In such situations any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be enforced 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, Community Development Director or Building Official determines that the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager, Community Development Director or Building Official. COMPLAINT INFORMATION Any person making a complaint shall give their name, address, and phone 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 additional information regarding the problem. INVESTIGATIONS OF COMPLAINTS ARE NOT PUBLIC RECORDS Section 6254 of the Government Code provides that records of investigations of complaints are not public records. Therefore, investie:ations of complaints will be kept confidential. and information will not be disclosed except as required by a court order. RESOLUTION NO. 104 - 95 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. 63-88 WHEREAS, the City Council of the City of Dublin did by Resolution No. 63-88 adopt a Resolution establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations and rescinding Resolution No. 75-84; and WHEREAS, the Resolution identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the City COlUlcil has recently adopted an ordinance amending the Zoning Ordinance regarding Outdoor Sales and Activities; and WHEREAS, the City Council is desirous of establishing an enforcement policy regarding Outdoor Sales and activities which is consistent with the established policy for enforcement of Zoning, Building, Housing and Property Maintenance 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. 63-88 and adopt a new Resolution which includes the Outdoor Sales and Activities. NOW, THEREFORE, BE IT RESOLVED that the City COlUlcil 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. 63-88 is hereby rescinded. PASSED, APPROVED AND ADOPTED this 22nd day of August, 1995. AYES: COllllcilmembers Barnes, Burtoll, Howard, Moffatt and Mayor Houstoll .' .' NOES: NOlle ABSENT: None ~J~ Mayor ABSTAIN: NOlle ATfEST'~tc R ity lerk g:agendalccngs"lll K2/8-22-9SJreso.;:nfc.doc EXHIBIT C EXHIBIT "A" ENFORCEMENT POLICY FOR ZONING, BUILDING, HOUSING, CONSTRUCTION OF WORK WITHOUT PERMIT, AND PROPERTY MAINTENANCE VIOLATIONS Tltis procedure is to be followed in investigating complaints regarding possible violations of building regulations, construction work without permit, zoning ordinances, housing codes, and violations ofthe Property Maintenance Ordinance. GENERAL POLICY -INVESTIGATION ON COMPLAINT BASIS These ordinances generally will be enforced on a complaint basis except that: 1. Building work actually observed to be under construction without permits will be investigated without a complaint. 2. Violations observed on property where the inspector has a legitimate reason to be on property, such as a routine follow-up inspection on a Variance or Conditional Use Perntit, or when inspecting construction under a permit, violations observed on the property will be investigated without a complaint. 3. Conditions brought to the attention of the City in any manner which involves public health and safety. COMPLAINT INFORMATION Any person making a complaint shall give their name, address, and telephone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure additional information regarding the problem. Section 6254, of the Government Code, provides that records of investigations of complaints arc not public records. Therefore, investigations of complaints will be kept confidential. and information will not be disclosed except as required by a court order. EXCEPTIONS TO COMPLAINT INFORMATION In establishing Ulis policy, the City Council recognizes that a person whose property is being investigated may point out several shuilar violations in Ule immediate area. It may bc inequitable to require abatement of a violation when Ule same violation may exist in the immediate vicinity and are not investigated because a complaint is not received. 4. Therefore, whenever the situation discussed above occurs, any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be processed as though a complaint had been registered. 5. In addition, violations of the Zoning Ordinance relating to outdoor sales and activities by non-Dublin businesses will be processed as though a complaint had been registered. A non-Dublin business refers to one that is not an on- site, established Dublin business with all necessary business licenses and permits. ":". ANONYMOUSCOMPLAThITS All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager,PIamling Director 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, Planning Director or Building Official. g:agenda\ccagstml