HomeMy WebLinkAbout6.3 MuniCode Prop Maint.ti
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 17, 2009
SUBJECT: Adoption of an Urgency Ordinance Amending Chapter 5.64 of the
Dublin Municipal Code Relating to Property Maintenance.
Report Prepared by Jeri Ram, Community Development Director
and John Bakker, City Attorney
ATTACHMENTS: 1) An Urgency Ordinance of the City of Dublin Amending
Chapter 5.64 of the Dublin Municipal Code relating to
Property Maintenance.
RECOMMENDATION: 1) Receive Staff presentation;
2) Deliberate: and
3) Adopt an Urgency Ordinance Amending Chapter 5.64 of the
Dublin Municipal Code Relating to Property Maintenance.
FINANCIAL STATEMENT: None.
DESCRIPTION:
Chapter 5.64 of the Dublin Municipal Code (DMC), entitled "Property Maintenance," declares that
maintaining certain conditions on residential or nonresidential property, such as overgrown vegetation or
the accumulation of dirt or debris, constitutes a nuisance that must be abated by the property owner. (The
term "abate" as used in this context means to eliminate; an owner that abates a nuisance does away with
the conditions that caused the nuisance. What is required to abate the nuisance is dependent on the nature
of the nuisance.) In the event that the owner neglects to do so, the City may abate the conditions and seek
reimbursement from the owner to recoup the City's expenses. If the owner fails to reimburse the City for
its expenses, the City has the additional remedy of imposing a special assessment on the property, which
will then cause the owner to be assessed the amount owed in his or her annual property tax bill, levied by
the Alameda County Auditor-Controller.
Since 2008, the housing market has experienced a severe and sudden downturn, resulting in depressed
property values. In addition, the credit markets have tightened, making it difficult for developers to secure
COPY TO:
Page 1 of 3
ITEM NO.
G:1Agendas120091DVComparison_StaffReportfor 5 64 v6 to v7 (2).DOC
Since 2008, the housing mazket has experienced a severe and sudden downturn, resulting in depressed
property values. In addition, the credit mazkets have tightened, making it difficult for developers to secure
construction financing for both residential and nonresidential projects. As a result of these difficult
economic conditions, some developers may suspend or abandon construction of projects within the City.
Partially constructed projects are detrimental to the public health, safety or welfaze because the
construction sites contain sharp objects protruding from the ground, such as stakes, poles and other similar
objects, which are easily accessible to children and other members of the public if the construction sites
are not fenced off. In addition, partially constructed buildings detract from the appearance of the
immediate neighborhood, thereby further reducing already depressed property values.
In order to ensure that the City Manager has sufficient authority to immediately address property
maintenance problems which have resulted from the cessation of construction in the City, the City
Attorney's office has reviewed Chapter 5.64. While Sections 5.64.040 and 5.64.050 currently provide that
buildings "left in a state of partial construction" constitute a nuisance that may be abated by the City,
Chapter 5.64 is silent as to what the phrase means. Consequently, the City Attorney's office recommends
that Section 5.64.010 be revised to include the following definition of "state of partial construction."
"since commencement of construction, construction has been suspended or abandoned
for an unreasonable period of time, and the appearance of the building substantially
detracts from the appearance of the immediate neighborhood or the condition of the
building is detrimental to the public health, safety or welfare" (Attachment 1).
This urgency ordinance defines the term "partially constructed building" in order to clarify the City's
authority to abate nuisances arising from suspended or abandoned residential or non-residential projects.
The City may rely on the ordinance to abate partially constructed buildings regazdless of whether the
developer has a valid building permit for the project. Issuance of a building permit does not authorize
maintenance of a public nuisance. (Dublin Municipal Code section 7.28.370.) Building permits for
projects with a value of more than $1 M aze valid for atwo-year period. Staff is concerned that it is
possible that a developer may cease construction during the two-yeaz period and leave the project in a
condition that is detrimental to the public health, safety or welfare or that detracts from the appeazance of
the immediate neighborhood. Although the Building Official has the authority under Chapter 7.28 to
revoke a building permit during its term, the grounds for revocation are generally technical. Moreover, it
is Staff's hope that developers will complete the work authorized by a building permit.
The City may also rely on the procedures set forth in Chapter 5.64 to order the abatement of a partially
constructed building regardless of whether the developer files for bankruptcy. A bankruptcy petition filed
by the owner of a partially constructed building will not stay the City's abatement proceedings because the
enforcement of police or regulatory powers by governmental units are excepted from the automatic stay
generally triggered when a debtor files for bankruptcy under Section 362(b)(4) of Title 11 of the United
States Code. The City's enforcement of Chapter 5.64 constitutes enforcement of the City's police and
regulatory powers because Chapter 5.64 is an ordinance affecting the public health, welfare, morals and
safety.
Absent the adoption of this urgency ordinance, the City may be unable to immediately order the abatement
of partially constructed buildings. The proposed amendment to Chapter 5.64 will make it clear that the
City may address properly maintenance issues arising from partially constructed buildings and structures
despite the fact a building permit is in effect. Therefore, as a result of the immediate, significant threat
which partially constructed buildings pose to the public health, safety and welfaze, it is necessary to adopt
an urgency ordinance clarifying the City's authority to abate partially constructed buildings.
Page 2 of 3
Community Development Staff have reviewed the ordinance and concur with the suggested changes.
Staff believes these changes will facilitate the City's ability to protect the public in the event developers
are unable to complete projects.
RECOMMENDATION
Staff recommends that the City Council: 1) Receive Staff presentation; and 2) Adopt an Urgency
Ordinance of the City of Dublin Amending Chapter 5.64 of the Dublin Municipal Code Relating to
Property Maintenance.
1172921.7
Page 3 of 3
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ORDINANCE NO. XX-09
AN URGENCY ORDINANCE
OF THE CITY OF DUBLIN
AMENDING CHAPTER 5.64 OF THE DUBLIN MUNICIPAL CODE
RELATING TO PROPERTY MAINTENANCE
WHEREAS, pursuant to California Government Code Sections 38773 and 38773.5, the City of
Dublin may adopt procedures by which nuisances may be summarily abated at the expense of persons
maintaining them, and by which such expenses may also be imposed as a special assessment on that
parcel of land on which the nuisance is abated; and
WHEREAS, the City of Dublin Municipal Code Chapter 5.64 declazes the existence of certain
conditions on residential and nonresidential properties to be a nuisance and provides procedures for the
abatement of any such nuisance, secured by a special assessment on the parcel of land on which the
nuisance is abated; and
WHEREAS, the severe downturn in the housing market and the tightening credit mazket has
made it difficult for developers to obtain construction financing for residential and nonresidential projects
and to find qualified buyers or renters for such projects; and
WHEREAS, as a result of these difficulties, some developers have suspended construction of
projects within the City and the City is concerned other developers may do so in the future; and
WHEREAS, the partially constructed projects detract from the appearance of the immediate
neighborhood and/or are detrimental to the public health, safety or welfare; and
WHEREAS, Chapter 5.64 declares that partially constructed buildings constitute a nuisance but
does not define the term; and
WHEREAS, the City Council wishes to revise the provisions in Chapter 5.64 of the City of
Dublin Municipal Code regarding partially constructed buildings to ensure that the City has sufficient
authority to immediately address property maintenance issues arising from suspended or abandoned
residential or commercial projects.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 5.64 of the Dublin Municipal Code is revised as follows, with deletions
indicated in strikethrough and additions indicated in underline:
Article I. General Provisions
5.64.010 Definitions.
"Back yard" means that portion of property between a building and the back property line.
"Building" means any house, gazage, duplex, apartment, condominium, stock cooperative, and other
residential and nonresidential structures.
"City" means the City of Dublin.
"City Manager" means the City Manager or his designees.
"Front yard" means that portion of property between the street and a building.
"Owner" means 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.
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ATTACHMENT 1
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"Person" means any individual, partnership, corporation, association or other organization, however
formed.
"Property" means (1) all nonresidential zoned real property and any structure located on such property,
referred to herein as nonresidential property; and (2) front yards, the unfenced portions of side yards, the
unfenced portion of back yards of corner lots, driveways, walkways, and sidewalks of alI residential real
property and shall include any building located on such property, referred to herein as residential
property.
"State of partial construction" means, since commencerrxent of construction, construction has been
suspended or abandoned for an unreasonable period of time, and the appearance of the building
substantially detracts from the appearance of the immediate neighborhood or the condition of the building
is detrimental to the public health, safety or welfare.
"Side yard" means that portion of property between the principal structure and the side property line.
5.64.020 Enforcement authority designated---Civil actions available.
Nothing in this chapter 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 chapter constitutes an infraction. The
City Manager is designated as the enforcement authority.
5.64.030 Violation--Penalty.
A. Any person, firm, or corporation violating or causing, or permitting to be violated any of the
provisions of this chapter shall be deemed guilty of an infraction.
B. Any person, firm, or corporation convicted of an infraction under the provisions of this chapter shall
be punishable as provided in Government Code Section 36900. Any violation beyond the third conviction
within a one (1) year period may be charged by the District Attorney as a misdemeanor and the penalty
for conviction of the same shall be 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 chapter 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 chapter. Officers or employees so
designated shall have the authority to arrest persons who violate any of said provisions.
Article II. Nuisances
5.64.040 Residential property.
It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any
residential property in the city to maintain or to allow to be maintained such property in such manner that
any of the following conditions are found to exist thereon for an unreasonable period of time and which
are visible from a public street, except as may be allowed by any other provision of law; including
provisions of City ordinances:
A. The accumulation of dirt, litter or debris;
B. Clotheslines or clothes hanging in front yards;
C. Boxes, bins, containers, firewood, lumber, junk, trash, recyclables, salvage materials, building
materials, landscaping materials or other similar materials;
D. Attractive nuisances dangerous to children including abandoned, broken, or neglected equipment,
machinery, tools, refrigerators and freezers, hazardous pools, ponds, and excavations;
E. Broken or discarded furniture, household equipment, electronic equipment and furnishings or
shopping carts;
F. Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health,
safety, and welfare, or obstructing a necessary view of drivers on public streets or private driveways;
G. Weeds, dead, decayed, diseased or hazazdous trees, fallen leaves and other vegetation constituting
an unsightly appeazance or a danger to public health, safety and welfaze;
H. Graffiti on the exterior of any building, fence, wall, automobile or other structure;
I. Vehicle parts or other articles of personal property which are abandoned or left in a state of partial
construction or repair;
J. Mobile homes, recreational vehicles, utility trailers, unmounted campertops, boats, cazs, trucks, or
other vehicles, that are pazked or stored in violation of the zoning provisions;
K. Fences and walls which have become dilapidated or aze in a state of disrepair;
L. Automobiles parked or stored on property other than on a driveway or other impervious surface;
M. Buildings which are abandoned, boazded up, partially destroyed, or left in a state of partial
construction; and/or
N. Structures which are unpainted or where the paint on the building exterior is chipping, peeling,
cracked or mostly worn off.
5.64.050 Nonresidential property.
It is unlawful for any person owning, leasing, renting, occupying or having chazge or possession of any
nonresidential property in the city to maintain or to allow to be maintained such property in such manner
that any of the following conditions aze found to exist thereon for an unreasonable period of time and are
visible from a public street, except as may be allowed by any other provision of law including provisions
of City ordinances:
A. The accumulation of dirt, litter, or debris;
B. Boxes, bins, containers, firewood, lumber, junk, trash, recyclables, salvage materials, building
materials, landscaping materials or other similar materials;
C. Attractive nuisances dangerous to children including abandoned, broken, or neglected equipment,
machinery, tools, refrigerators and freezers, hazardous pools, ponds, and excavations;
D. Broken or discarded furniture, household equipment, electronic equipment and furnishings or
shopping carts;
E. Overgrown vegetation likely to hazbor rats, vermin and other nuisances dangerous to public health,
safety, and welfare, or obstructing a necessary view of drivers on public streets or private driveways;
F. Weeds, dead, decayed, diseased or hazazdous trees, fallen leaves and other vegetation constituting
an unsightly appearance or dangerous to public health, safety and welfare;
G. Vehicle parts or other articles of personal property which aze abandoned or left in a state of partial
construction or repair;
H. Mobile homes, recreational vehicles, utility trailers, unmounted campertops, boats, cars, trucks, or
other vehicles, that are parked or stored in violation of the zoning provisions;
I. Graffiti on the exterior of any building, fence, wall, automobile or other structure;
J. Fences and walls which have become dilapidated or are in a state of disrepair;
K. Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial
construction; and
L. Structures which are unpainted or where the paint on the building exterior is chipping, peeling,
cracked or mostly worn off.
5.64.060 Declaration of public nuisance.
Any property found to be maintained in violation of Section 5.64.040 or 5.64.050 is 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.
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Article III. Abatement Procedure
5.64.070 Notification of nuisance.
Whenever the City Manager determines that any property within the city is being maintained contrary
to one (1) or more of the provisions of Sections 5.64.040 and 5.64.050, the City Manager shall give
written notice, "Notice to Abate," to the owner of the 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 5.64.090 covering service in person or by
mail.
5.64.080 Administrative hearing---Generally.
In the event the owner shall fail, neglect or refuse to comply with the "Notice to Abate," the City
Manager shall conduct an administrative hearing to ascertain whether the violation constitutes a public
nuisance.
5.64.090 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 and by first-class mail, postage prepaid
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/her 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
ordinances and subject to a fine.
Said alleged conditions consist of the following:
The methods 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 , 20_
City Manager
Time and Date of Hearing:
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Location of Hearing:
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, 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 5.64.120. A copy of the fmdings and order shall be served on all owners of the subject property
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.
5.64.110 Nuisance finding-Procedure when no appeal.
In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the
manner and means specifically set forth in 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
contract. The costs shall be billed to the owner, as specified in Section 5.64.170. 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.
5.64.120 Appeal procedure.
A. The owner may appeal the City Manager's findings and order to the City Council ("Council"). Any
appeal to the City Council must be in writing, and must be made within fifteen (15) days from the date of
service of the decision of the City Manager. The request for an appeal to the City Council shall be
addressed to the City Manager and shall be deemed served only when received by the city. Failure to
properly serve the request for appeal to the City Council within the fifteen (15) day period shall be
deemed a waiver of the right to appeal the matter to the City Council and the decision of the City Manager
shall become final.
The appeal shall contain:
1. A specific identification of the subject 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 concise 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 receiving the appeal, the City Clerk shall set a date for the Council to
hear the appeal, which date shall be not less than seven (7) calendar days nor more than thirty (30)
calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice
of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing,
either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy
thereof,- postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of
the hearing may be granted by the Council on request of the owner for good cause shown, or on the
Council's own motion.
5.64.130 Appeal hearing procedure.
A. All hearings shall be tape recorded.
B. Hearings need not be conducted according to the technical rules of evidence.
C. 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
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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.
D. Oral evidence shall be taken only on oath or affirmation.
E. Irrelevant and unduly repetitious evidence shall be excluded.
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 maintained, constitutes a public nuisance. If the Council so finds, the Council shall adopt a
resolution declaring such property to be a public nuisance, setting forth its findings and ordering the
abatement of the same by having such property rehabilitated, repaired, removed or demolished in the
manner and means specifically set forth in the resolution. The resolution shall set forth the time within
which such work shall be completed by the owner, in no event less than thirty (30) days. T'he decision and
order of the Council shall be final.
5.64.150 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 the property in accordance with the provisions of Section 5.64.090. Upon abatement in
full by the owner, the proceedings hereunder shall terminate.
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.
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 contract. 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. The cost, including incidental expenses, of
abating the nuisance shall be billed to the owner and shall become due and payable thirty (30) days
thereafter. The term "incidental expenses" means and includes, but is not limited to, personnel costs, both
direct and indirect; costs incurred in documenting the nuisance; 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.
B. 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, to carrying out an abatement order issued pursuant to Sections
5.64.100 and 5.64.140.
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 that in
fairness and injustice there is no way other than demolition reasonably to correct such nuisance.
5.64.190 Notice of intent to demolish.
A copy of any order or resolution requiring abatement by demolition under Section 5.64.100 or
5.64.150 shall be forthwith recorded with the Alameda County Recorder.
Article IV. Lien Procedure
5.64.200 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,
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demolition or repair of said property, including any salvage value relating thereto; provided, that before
the 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 the report and notice shall be served upon the owners of said
property in accordance with the provisions of Section 5.64.090 at least five (5) calendar days prior to
submitting the same to the City Council. Proof of the posting and service shall be made by affidavit filed
with the City Clerk. The Council may make such modifications to the report as it may deem necessary,
after which such report shall be confirmed by resolution.
5.64.210 Attorney's fees.
The rules governing the recovery of attorneys' fees for nuisance abatement actions or proceedings shall
be those provided in Section 1.04.062.
5.64.220 Recovery of abatement expenses.
The procedures governing the recovery of the city's costs of abating nuisances shall be those provided
in Section 1.04.061.
5.64.230 Notice of lien.
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 , 20_,
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 , 20_, assess
the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the
same has not been paid nor any part thereof; and that said City of Dublin does hereby claim a lien on
such 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 dischazged
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
particulazly described as follows:
(description)
Dated this day of , 20_
City Manager
City of Dublin
Section 2. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance is adopted as an emergency ordinance pursuant to
Government Code Section 36937 to take effect immediately, and is for the immediate preservation of the
public peace, health and welfaze. The facts constituting the urgency are the following: There has been a
~(1
severe downturn in the housing market and the tightening credit market, which has made it difficult for
developers to obtain construction financing for residential and nonresidential projects and to find qualified
buyers or renters for such projects. As a result of these difficulties, some developers have suspended
construction of residential and commercial projects within the City, and the City is concerned that other
developers may similarly suspend construction of either residential or commercial projects. Partially
constructed projects are detrimental to the public health, safety or welfare because the construction sites
contain or may contain sharp objects protruding from the ground, such as stakes, poles and other similar
objects, which are or may be easily accessible to children and other members of the public because the
construction sites are not fenced off. In addition, partially constructed buildings detract from the
appearance of the immediate neighborhood, thereby reducing nearby property values. While Sections
5.64.040 and 5.64.050 currently provide that buildings "left in a state of partial construction" constitute a
nuisance that may be abated by the City, Chapter 5.64 is silent as to what the phrase means. This urgency
ordinance defines the term "partially constructed building" in order to clarify the City's authority to abate
nuisances arising from suspended or abandoned residential or commercial projects. The City may rely on
the ordinance to abate partially constructed buildings regardless of whether the developer has a valid
building permit for the project. Absent the adoption of this urgency ordinance, the City may be unable to
immediately order the abatement of partially constructed buildings. Therefore, as a result of the
immediate, significant threat which partially constructed buildings pose to the public health, safety and
welfare, it is necessary to adopt an urgency ordinance clarifying the City's authority to abate partially
constructed buildings.
Section 4: Posting. The City Clerk 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, APPROVED AND ADOPTED this day of , 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
1172125.3
G: IAgendas120091Dublin -Chapter S 64 Urgency Ordinance (v3) (2).DOC