HomeMy WebLinkAbout6.2 6253DoughertyAP941-550-5-1
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CITY- CLERK
File # D~~[QJ-[fJ[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING- DATE: APRIL 21, 1998
SUBJECT:
ATTACHMENT:
EXHIBITS ATTACHED:
RECOMMENDATION:
1P0~
FINANCIAL STATEMENT:
PUBLIC HEARING: REQUEST BY AMERICAN BUILDING
COMPONENTS TO APPEAL THE APPLICATION AND
INTERPRETATION OF TIIE BUILDING CODE FOR
VIOLATIONS LOCATED AT 6253 DOUGHERTY ROAD
APN 941-550-5-1
Report Prepared by: Kenneth C. Petersen, Building Official
1.
Detailed Analysis of Enforcement
1) Parcel Number Owner Print Out
2) History of Property Starting June 14, 1972
3) Letter to American Building Components concerning
violations dated September 30, 1997. (With proof of
delivery)
4) Letter from American Building Components Requesting
Appeal dated October 8, 1997
5) Letter to American Building Components regarding status of
property violations dated February 9, 1998. (With proof of
delivery)
6) Sections 7.28.040, 7.28.050, 728.060, 7.28.100, 7.28.130,
7.28.170, 7.28.200. 7.28.270. 7.28.280. 7.32.030, 7.36.030
__ Dublin Municipal Code - -
7) Sections 7.32.020, 7.36.020 and 7.40.020 of the Dublin
Municipal Code
8) Section 504.6 VOOooo Building Code
9) Photographs
10) Slides to be presented at meeting
1. Open Public Hearing
2. Receive Staff Report
3. Receive Applicant Testimony
4. Close Public Hearing
5. Deliberate
6. Straw Vote
7.- __H____ Direction to City Attorney on Resolution------
None.
H1cc-forms/agdastmt.doc
COPIES TO:
0..2
ITEM NO.
ISSUE BEFORE COUNCIL
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Request by Mr. OmerTIik: of American Building Components (owner of property) to appeal findings of the
Building Official's determination that:
the trailers, storage sheds, modular buildings and interior office/restroom remodels were placed
and constructed without required building permits and shall be abated.
the dilapidated trailers, storage sheds and modular buildings constitute dangerous buildings and
shall be abated.
BACKGROUND SUMMARY
On August 26, 1997, the Fire Department performed its annual inspection of 6253 Dougherty Road.
Results of Fire Department inspection revealed violations of the Dublin Municipal Code outside of the
expertise of the Fire Department. The Building Department responded to a request by the Fire Department
to conduct a joint inspection of the site. An inspection was conducted on August 27, 1997.
During the course of the inspection, it was discovered that several buildings and misc. structures were in a
state of dilapidation and disrepair. Additionally, several miscellaneous structures and interior office areas
appeared to have been constructed without the required building permits and inspections. These items
constitute several violations of the Dublin Municipal Code.
.
As a result of this inspection, and subsequent research of city and county records, the Building Official
det~rmined that t~E?se co!!4i~_io!1sc~~~!~tute"dangerous and illegal buildings as defined by Sections 7.28.050
and 7.28.100 of the Dublin Municipal Code.- - - - - - - - --- - _H -- - ~ --
On September 30, 1997, the owner of the property (Mr. Omernik) was sent a foooal Notice of Violations
by the Building Official. The Notice included specific corrective measures and timelines for compliance
(EXHlBIT #3, letter from Building Official dated September 30, 1997).
On October 15, 1997, the Building Official received an appeal request from the owner of the property
(EXHIBIT #4, letter from Mr. Omernik dated October 8, 1997).
Since that date, the owner has complied with some of the original violations, however, four violations
remain outstanding. The owner has not complied with the required corrective measures as outlined in the
Violation Notice dated September 30, 1997. He has appealed the Building Official's findings based on the
claim that-the buildings are not dangerous and were legally_constructed under various construction permits______ ---
obtained from the County of Alameda prior to incorporation of the city. To date, Mr. Obemik has failed to
produce any evidence of the existence of these permits.
BUILDING OFFICIAL'S FINDING
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The Building Official has determined that there are four remaining code violation categories located at this
property. The violations are as noted below:
.-;2--
1.
Trailers, storage sheds and modular buildings have been constructed and placed without
required building permits. (Section 7.28.100 of the D.M.C.)
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There is no record of City or County pennits approving the design, location and
construction of these structures. The buildings do not meet minimum property line setback
requirements and do not have adequete foundations. This presents fire and building
collapse hazards to occupants on the site as well as neighboring properties. In addition, the
buildings, as constructed and maintained, have various structural and electrical hazards.
2. Three offices, two restrooms and and a storage room were constructed on an existing
mezzanine witho~t required permits. (Section 7.28.100 of the D .M. C.)
There is no record of City or County permits approving the design, location and
construction of these rooms. The rooms, as constructed, present hazards related to fire,
exiting and structural collapse.
3. An office (with storage above) was constructed without required building
pennits. (Section 7.28.100 of the D.M.C.)
There is no record of City or County permits approving the design, location and
construction of this room. The room, as constructed, presents hazards related to fire,
exiting and structural collapse.
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4.
Dilapidated trailers, storage sheds and modular buildings constitute dangerous buildings
and are being used in violation of Section 7.28.070.
These structures are severely dilapidated and in disrepair. In their present condition, they
constitute a fire and collapse hazard to their own occupants as well as neighboring
properties.
OWNER'S APPEAL OF BUILDING OFFICIAL'S FINDINGS
On October 15, 1997, an appeal request by Mr. Omernik was received by the Building Department. (See
Exhibit #4). Mr. Omemik is appealing the following four items:
1.
Trailers, storage sheds and modular buildings have been constructed and placed without
required building permits. (Section 7.28.100 oftheD.M.C.)
Location: Area I and 2 on attached map
· 2.
Basis for appeal -. ~ ..- - -
Mr. Omernik believes the Trailers and storage sheds were installed with County permits. Mr.
Omemik has stated he would be willing to move the trailers, however, as of this date no action has
been taken by Mr. Omernik.
Three offices, two restrooms and and a storage room were constructed on an existing
mezzanine without required permits. (Section 7.28.100 of the D.M.C.)
Location: Building 1, 2nd floor on attached map
-'8-
Basis for appeal
Mr. Omernik has stated that the 2nd floor offices were constructed with permits in 1972 during the
restoration of the building after a fire damaged the building.
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3.
An office (with storage above) was 'constructed without required building
permits. (Section 7.28.100 of the D.M.C.)
Location: Building 1, 1st floor on map
Basis for appeal
Mr. Omernik has stated that this room was added without permits but that permits should not have
been necessary.
4. Dilapidated trailers, storage sheds and modular buildings constitute dangerous buildings and
are being used in violation of Section 7.28.070. (#14 on Notice Letter)
Location: Throughout site, primarily at Areas 2,3,4, & 5 on map
Basis for appeal
Mr. Omernik has stated that the dilapidated buildings are in no danger of collapsing and were
permitted by the county for size and location. Mr. Omernik has stated that the dilapidated modular
buildings, and dilapidated trailers belong to others and it would require a minimum of 60-days to
have them removed. Mr. Omernik has shown no evidence that any action has been started (See
Exhibit #9 Photos) .
COUNCIL ACTION OPTIONS
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Under the provisions ofD.M.C. Section 7.28.170, the City Council is authorized to take any of the
following actions: _
1. Uphold the Building Official's decision.
*
2.
Interpret any provision of the Building Regulation Administration chapter
(Chapter 7.28 of the D.M.C.)
*
3. Grant a variance or variances with conditions if the Council finds that enforcement. would
be contrary to the spirit and purpose of Section 7.32.020, 7.36.020, and 7.40.020.
4. 'Approve alternate inaterialsormethods of construction and overrule the decision of the -
Building Official.
. _ 5. _ _ Appoint a Board of Appeals to hear and render-a determinationofthis_appeal,_ _:-___
*
In making an interpretation or granting a vatiance, the Council shall_make the following findings:
_ That the interpretation or variance is consistent with the purpose of this chapter.
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That the interpretation or variance will not lessen the protection to the people of the City and the
, property situated therein (see Exhibit #6)
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STAFF RECOMMENDATION TO COUNCIL
These buildings, in their present condition, constitute an extreme fire, electrical shock and collapse hazard
to occupants on the site. Additionally, they pose an extreme fire hazard to neighboring properties.
Although the owner of this property has been working with City staff to comply with some of the
violations outlined in the letter to him, he has refused to correct the appealed violations before you.
Staff, therefore, recommends that the City Council:
1. conduct a hearing and, following the hearing, take a "straw vote" at the conclusion of the hearing.
2. uphold the Building Official's findings that the nonpermitted storage sheds, building remodels and
dilapidated buildings and trailers constitute illegal and dangerous buildings as defined in Sections
7.28.100 and 7.28.050 of the Dublin Municipal Code.
3. further uphold the Building Official's finding that the owner of the property shall abate said
dangerous and illegal buildings.
The City Attorney can then prepare a resolution with the appropriate findings for fonnal adoption at the
next council meeting.
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DETAILED ANALYSIS OF ENFORCEMENT
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A.
Issue for Council's Consideration.
The Council is asked to consider whether the City's Building Official took appropriate action in
citing Mr. Ed. Omernik for several building code violations.
B. Background.
On August 27, 1997, an inspection was conducted on the Omernik property located at 6253
Dougherty Road by several City and County personnel. The Omemik property has had a long history of
code violations dating back to the early 1970's (See Exhibit #4) This particular inspection, however, was
conducted at the request of the Alameda County Fire Department concurrently. The Planning Department
received a letter dated August 21, 1997, from a Dublin business owner regarding life/safety issues on Mr.
Omemik's property. The inspection was conducted by the following persons:
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Kenneth C. Petersen, Building Official, City of Dublin
Gregory A. Shreeve, Senior Building Inspector, City of Dublin
Buzz Kalkowski, Code Enforcement, City of Dublin
Sgt. Dave DiFranco, City of Dublin Police Department
Russell Reid, Fire Inspector, Dublin Fire Department
Robert Weston, Hazardous Materials Inspector, County of Alameda
John Sutton, Vector Control Officer, County of Alameda
Don Santina, Public Works, City of Dublin
Edwin Omernik, Owner, American Building Components
Several citations were issued as a result of this inspection. For example, the Fire Marshal found
32 violations on the property, of which 20 were deemed "immediate fIre, life and safety violations"
requiring immediate attention. The Zoning Code Officer found 15 violations of the zoning ordinance.
Several additional violations for hazardous materials and vector control were cited by the inspectors from
Alameda County. It was also determined that Mr. Omernik had failed to obtain a business license. The
Building Official, however, did not issue any citations, but instead noted the conditions on the property to
compare them to the requirements of the Uniform Building Code, National Electrical Code and the Dublin
Municipal Code.
c.' Findings of the Building Official.
During the inspection of the property, the Building Official noted'and photographed the following
conditions on the Omemik property:
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i; ~:~,;."' ,:*~, .
Main Building
"H---1 roo - Possible water damage to roof and ceiling. "
2) Penetrations in exterior walls.
3) Extension cords, broken plugs, broken receptacles, missing receptacles without covers.
. 4) Live ceiling wires hanging loose from ceiling supporting a plant.
5) Florescent lights not supported properly, fixtures rusted out.
6) High pile racks with no anchors.
7) Broken trusses in building #1 repaired with 2 x 8's.
8) Unprotected stairway, improper handrails, no fire protection on bottom stringers.
--- :,:.'::::....,....
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9) Upstairs restrooms being used as storage area.
10) Hallway exits obstructed.
11) Hazardous waste in storeroom.
12) Air tank not anchored to ground.
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On Property
1) Two railroad cars without axles over 120 square feet located within five feet to the
property line.
2) Three vvood sheds on property line over 120 square feet with no foundation.
3) No labels on disconnect, extension cords on ground with unsafe splices
4) Evidence of occupancy of van and recreational vehicle (7'x 10' trailer) for living with no
sewer disposal.
5) High stack of wood cut offs.
Between August 27, 1997 and September 30, 1997, staff compared inspection deficiencies to
permits on file for the above address. On September 30, 1997, after a determination that the conditions on
the property had not been corrected, the Building Official notified Mr. Omernik that the following
violations existed on his property. (See Exhibit #3)
1.
No permits on file for trailers or sheds. (Sections 7.28.100 and 7.28.280 Dublin Municipal Code,
DMC)
No permits on file for rooms on second floor of main building. (Sections 7.28.100 and 7.28.280
DMC)
No permits on file for office with mezzanine in shop. (Sections 7.28.100 and 7.28.280 DMC)
Handrails missing or not in compliance for both staircases.(Sections 7.32.030 DMC and 1006.9 .
Uniform Building Code, UBC)
Hazard storage room permitted but in need of repairs. (Sections 7.28.050 and 7.28.130 DMC)
Two-hour area separation walls compromised. (Sections 7.32.030 and 7.28.130 DMC and 504.6
UBC)
Penetrations, dilapidation to exterior walls; roof/ceiling-assemblies. (Sections 7.32.030 and
7.28.130 DMC. and 1402 UBC)
High pile racks; no permits on file. (Sections 7.32.030 and 7.28.100 DMC and 2207 UBC)
Restroom facilities not in working order. (Sections 7.32.030, 7.28.060 and 7.28.130 DMC and
2902 UBC)
Numerous electrical violations. (Sections 7.36.030 and 7.28.060 DMC and 400.8, and 110.22
National Electrical Code, NEC)
Equipment not anchored. (Sections 7.32.030 DMC and 304.4 Uniform Mechanical Code, UMC)
Dilapidated buildings, modular building, trailers. (Sections 7.28.060 DMC)
Occupancy violations - Recreational Vehicle, trailers, vehicles, offices being used as residences.
(Sections 7.28.040 DMC)
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Omemik's Appeal of Buildinf: Official _ qtlitions.
Mr. Omemik contested the City Building Official's determinations in a letter dated October 8,
1997. (See Exhibit #4)
Opportunities for Compliance.
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Mr. Omemik's appeal letter was received by the City on October 15, 1997. Since that time staff
has met with Mr. Omemik on several occasions and arranged for another inspection of the property. On /
;... ~ 'I'p
December 15, 1997 staff performed another inspection of the property and determined that minor
co'rrections had been performed. However, the Building Official determined that Mr. Omemik had not
complied with many ofthe most serious violations.
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On December 23, 1997, Staff performed a third inspection of the property. Minor repair work was
in progress; no substalltial work had been performed and no progress noted on any item under appeal.
The status of the cited conditions on the property on December 23, 1997 was:
1. Trailers over 120 square feet being used as storage sheds; storage sheds without foundations.
Location: Area I, 2, and 3 on attached map
Status: No progress. Mr. Omemik states he plans to move trailers and demolish sheds.
2. Construction of six rooms (one storage, two restrooms, three offices) without permits on permitted
mezzarune.
Location: Building 1, 2nd floor on attached map
Status: Mr. Omemik was unable to produce documentation for unpermitted rooms.
3. Construction of office with storage above without permits.
Location: Building 1, 1 st floor on map
Status: Mr. Omemik was unable to produce documentation for unpermitted rooms.
4.
Handrails to mezzanine and unpermitted rooms missing or not in compliance..
Location: Building 1, two locations on attached map
Status: Work completed.
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5. Overhead door to flammable storage area not in working order.
Location: Building 1, 1st floor on attached map
Status: Door disassembled, awaiting new parts.
6. Two-hour area sepaiaticin/fire walls--compromised, and/or unprofectedcipenings.
Location: Building 1, four areas, Building 2, one area on attached map
Status: Gypsum board has been replaced, awaiting joints to be fire treated.
7. Penetration, holes in exterior walls.
Location: Building 1 and 2 on map
Status: Work in progress.
8. Dilapidation and/or water damage to roof/ceiling. Ceiling covering loose.
Location: Building 1 on attached map
Status: Gypsum board has been replaced, awaiting joints to be fire treated.
- -
. 9. --- - High-pile storage racks---notanchored.-- - _n - .-
Location: Building 1 and 2 on attached map
.. Status:. Two sets of~ack removed, reI?aining sets ~e in process_of being retrofitted._-
. 10.
Restrooms facilities not in working order.
Location: Building 1 on attached map
Status: Both restrooms on first floor in working order, second floor restrooms are being used as
storage rooms. '8 &1f '116
13.
14.
15.
11.
Penetrations, holes and! or dilapidation to walls.
Location: Restroom Building 1
Status: No progress
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12.
A. Excessive use of extension cords throughout.
Location: Building 1, Areas 2, 3 & 4.
Status: No progress.
B. Extension cords exposed permanently to weather or unpermitted splices.
Location: Area 2, 3 & 4
Status: No progress
C. Electrical disconnect panels not labeled.
Location: Building 1 in two locations, Area 2
Status: One of three panels labeled.
D. Electrical outlets (receptacles, switches, light fixtures) cover plates missing, installation
incomplete: Light fixtures not properly supported
Location: Building 1
Status: In progress.
Air tanks, equipment not anchored.
Location: Building 1 on map
Status: No progress
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Dilapidated building, modular buildings, trailers.
Location: Throughout site, primarily at Areas 2, 3, 4, & 5 on map
Status: No progress
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Motorhomes, trailers, vehicles, offices being used as residences.
Location: Building 1 and 2, Area 2,3,4 on Map on map
Status: Thee motor homes/RV's still on site - no evidence of overnight stays.
boarded up. All bedroom items (clothes, TV, bed) have been removed.
Trailer has been
In regard to the unpermitted rooms on the mezzanine, Mr. Omernik stated he believes all work was
. performed in 1972 with permits. Mr. Omernik, however, is unable to produce documentation for
unpermitted rooms.
The City's records show that a county permit was issued in 1964 to construct the second floor
mezzanine when the building was originally constructed. On or about May 11, 1972, this building was
severely damaged by fire. In March 1973, county permits were issued to reconstruct the building. Plans .'
- - - --- andplim cneck coinri1eiifs6n-file-show'this-part-of the--building remained a mezzanine, without any rooms."
On February_9; 1998, a second Notice ofYiolation ~~ ITlail~d by _Staff to Mr. Omernik of
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American Building Components (See Exhibit #5).
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On February 25, 1998, ajoint inspection was perfoooed by the Building Department, Fire
Department and Planning Departments. Inspection revealed that Mr. Omernik had not complied with the <J:
. ~~~
On February 25, 1998, a joint inspection was perfoooed by the Building Department, Fire
Department and Planning Departments. Inspection revealed that Mr. Omemik had not complied with the
order to abate the violations on this property. The Fire Department and Planning Department issued
separate Citations to Mr. Omernik requiring his appearance in court.
.
As of this date, Mr. Omernik has corrected or is in the process of correcting the following cited violations:
(Numbers correspond to those on the previous page).
#4 Handrails and stairways repaired.
#5 Hazard storage room repaired.
#6 Two-hour area separation wall hardware (self-closing, self-latching) not installed.
#7 Penetration, dilapidation to exterior walls
#8 Roof/ceiling assembly repaired.
#9 High pile storage racks anchored.
#10 Two working restrooms on first floor.
#11 Holes in walls sealed..
#12 Excessive use entension cords limited.
#13 Air Tanks & equipment anchored.
#15 No evidence of people residing on property.
Remaining violations as of this date are:
#1
. #2
#3
#14
Trailers over 120 square feet being used as storage sheds; storage sheds without foundation and in
disrepair.
Construction of six rooms (one storage, two restrooms, three offices) without permits on pennitted
mezzarunes.
Construction of office with mezzanine above without permits.
Dilapidated buildings, modular building, trailers.
On September 3D", 1997, -staff gave the applicant time constraints of 10 to 60 days to abate the
violations. Staff has worked with Mr. Omernik and extended the time lines. Mr. Omernik has now had a
total of six months to complete the work.
F. Severity of Continuing Violations
The purpose ofthe Building Code, Electrical Code and Plumbing Code is to- provide a minimum
standard to safeguard life, limb, health, property and public welfare. (See Exhibit #7)
The remaining conditions violate these codes for the following reasons:
#1 a;
.
#lb.
Trailers -over 120 square feet being used as storage sheds;- - -- -- -- ---- ...
Trailers located within required setback. Trailers are large enough in size so that if a fire occurs it
may spread to adjoining property.
Storage sheds without foundation in disrepair;
Storage sheds located within required setback.. Storage sheds are large enough in size so that if a
fire occurs it may spread to adjoining property.
Disrepair is at a stage that these four buildings may collapse due to their own weight.
506c;-6
#2
Construction of six rooms on second floor;
Exiting system was not designed for offices on second floor. This is a life and safety concern due
to possibility of exits being blocked during or by a fire. Electrical wiring system has not been
tested which may be a fue hazard. Plumbing system if not installed correctly may have a cross
section between water supply and waste disposal.
.
#3 Construction of office with mezzanine above;
Ceiling/floor joists may not have been sized properly. If ceilinglfloor joists are sized too small
this could lead to failure in an earthquake possibly trapping persons in office.
#14 Dilapidated buildings, modular buildings, trailers;
These buildings have structural damage and may collapse.
G. Hearing Process.
The hearing should be conducted according to specific procedures. First, the Building Official
should explain the citations and present any relevant evidence. Mr. Omemik may then contest the
evidence offered by the Building Official and offer any new evidence that augments his appeal. The
Council may ask questions of either party at its pleasure. For purposes of developing an administrative
record, both the Building Official and Mr. Omernik should be sworn and the entire hearing will be
transcribed by a court reporter. At the conclusion of the hearing the COWlcil may deliberate and take a
straw vote. The City Attorney can then prepare a resolution with the appropriate findings for formal .
adoption at the next council meeting.
.
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CITY OF DUBLIN
20. SOY. 2340. D~blin. Caliiorf1;a 9~558
FILE
--------. .
..
City Offi:::es. '00 Civi::: ?i2.::.. :'~:JlI- ..f:'.::" 0 ,....;.
September 30, 1997
CERTIFIED M_.6J.L
Edwin P. Omernick
.tunerican Building Components
6253 Don~herty Road
Dublin, CA 94568
RE: BUILDING REGULATION VIOLATIONS AT 6253 DOUGHERTY RO..c\D
APN - 941-550-5-1
At the request of Alameda County Fire Department an inspection was made at the above
referenced location onA~oust 27,1997. At the time of the inspection it was determined
that your property is in violation of Chapters 7..28; 7.32; 736; 7.40; and 7.44 of the
Dublin Municipal Code- Specifically these violations include the following:
1. Trailers over 120 square feet being used as storage sheds; storage sheds without
foundations. No permits; Section 7.28.100 Dublin Municipal Code, nIegal Buildings,
Structures or Installations; Section 7.28.280 Permits Required
Location: Area 1 and 2 on attached map
Permits are to be applied for within 10 days or removal of trailers/sheds
within 3D-da)'s.
.
2. Construction of six rooms (one storage, two restrooms, three offices) 'without
permits on permitted mezzanine. No permits; Section 7.28.100 Dublin Municipal Code.
Rlegal Buildings, Structures or Installations; Section 7.28.280 Permits Required.
Location: Building 1, 2nd floor on attached map
Discontinue use of unpermitted rooms. Apply for permits within 10-days or
remove unpermitted construction within 30-days.
I~
~I!
...~--,
....
---4~- - Handnills to IDe7nmme and-UDpemiiredrooIDS nrlssing Dr Dot iDoompli';ce. -- -- e_:_ -
Section] 006.9 Uniform Building Code, incorporated into the Dublin Municipal Code, ::J::
_ Section 7.32. 030. ~
Location: Building 1. two locations on attached map yJ
Repair or Replace within 3G-days. .
Administration (510) E:23-6650 . City Council (510) E33.65C5 . ;=inar:ce (51 0) c33~6640 . Building Inspectio~ . :51~)' 63'-'.5528
Cooe ::niorcement (510) e33-5620 . ::ngineering (5'0) E23~6630 . Parks & Community Services (510. 63'-'.5~:. A..
Police (510) E33~6670 . Pubii: WorkS (510) e33--6630 . Planning (510) 833.66'0 /~ 4' 'I?
nf;:'?J)gr??JfX{;)i!?E};E~f?f{f'i'i~M:.W;r8tg;-Y::'?@;o.iig;~H~-;t;.r";lw.~t~'!0"i;;jg.M.'f;
3. Construction of office with. storage above without permits. No permits; Section
- 7.28.1 00 Dublin Municipal Code, JIlegal Buildings, Structures or InstalZations; Section
7.28.280 Permits Required
Location: Building 1, 1st floor on attached map
Discontinue use of unpermitted rooms. Apply for permits within lO-days or
remove unpermitted construction within 30-days.
.
Edwin P. Omernick
September 30, 1997_
Page 2
5. Overhead door to flammable storage area not in working order. Section 7.28. 050
Dublin Municipal Code Dangerous Buildings or Structures; Section 7.28.130 Dublin
Municipal Code Maintenance Required
Location: Building 1, 1st floor on attached map
Door to be repaired within 30-da;ys.
6. Two-hour area separation/fire walls compromised, and/or unprotected openingS.
Section 504.6 Uniform Building Code, incorporated into the Dublin Municipal Code,
Section 7.32.030. Section 7.28.130 Dublin Municipal Code, Maintenance Required.
Location: Building 1, four areas, Building 2, one area on attached map
Repair or replace two-hour separation wall and all openings within 30-days.
7. Penetrallon, holes in e}.-terior walls, Section ]402 Uniform Building Code,
Weather Protection. Incorporated into the Dublin Municipal Code, Section 7.32.030;
Section 7.28.130 Dublin Municipal Code, Maintenance Required.
Location: Building 1 and 2 on attached map
Repair all penetrations in erterior walls within 30-days.
.
8. Dilapidation and/or water damage to roof7ceiling. Ceiling covering loose. Section
7.28.050 Dublin Municipal Code Dangerous Buildings or Structures; Section 7.28.]30
Dublin :Municipal Code, Maintenance Required
Location: Building 1 on attached map
Repair or replace affected area within 30-days.
:~
9. High-pile storage racks - Dot anchored, DO permits. Section 2207 Uniform
Building Code, Steel Storage Racks, incorporated into the Dublin Municipal Code,
Section 7.32.030, Section 7.28.100 Dublin .1Ilunicipal Code, illegal Buildings, Srructures
or Installations,
Location: Building 1 and 2 on attached map
Apply for permits within 1 G-da)'S or remove within 30-days.
10. Restrooms facilities not in working order. Section 2902 Number of Fixtures
Uniform Building Code incorporated into the Dublin Municipal Code, Section 7.32.030;
Section 7.28.060 Dublin Municipal Code, Dangerous Plumbing Installation, Section
7.28.130 Dublin Municipal Code, Maintenance Required
Location:' --, Buildingl-oD attaChed map----- - ---
Repair or replace .affected plumbing firtures 'within 30-days.
;,
"
.
11. PenetratioDS, holes and! or dilapidation to v.ralls in restroom. Section 807.1.2
Uniform Building Code, incorporated into the Dublin Municipal Code, Section 7.32.030,
Section 7.28.130 Dublin Municipal Code, l~aintenance Required.
I ~ 4 ~~
..
c,
c:{??//{;:;Pl}:;H70~;7/}};?j?;((~yg;}@4W~;:~;@.'Hm7f~cSiJ@,:,.g'f'?I*":@;.W~~~~;J;'i;m'
Edwin P. Omemick
September 30, 1997
Page 3
.
12. A. Excessive use ofe>...'1ension cords throughout. Section 440.8 National
Electrical Code, Uses not Permitted, incorporated into the Dublin Municipal
Code, Section 7.36.030.
R Extension cords e>"''Posed permanently to weather or unpermitted splices,
Section 400.8, NaJional Electrical Code, Uses Not Permitted incorporated into
the Dublin Municipal Code, Section 7.36.030.
C. Electrical disconnect panels not labeled.. Section 110-22 NaJional Electrical
Code. Identification of disconnecting means. incorporated into the Dublin
Municipal Code, Section 7.36.030.
D. Electrical outlets (receptacles, switches, light fu.."tUres) cover plates missing,
installation incomplete: Light fu..'tmes not properly supported, Section 7.28.060
Dublin Municipal Code, Dangerous Electrical InstallaJions.
Electrical contractor to submit report on all electrical deficiencies to Building
Department within I5-days.
13. iill tanks, equipment not anchored.. Section 304.4 Uniform Building Code,
Anchorage of Appliances, incorporated into the Dublin Municipal Code, Section
7.32. 030.
Location: Building 1 on attached map
ADchor all equipment within 30-days.
.
14. Dilapidated building, modular buildings, trailers. Section 7.28.050 Dublin
Municipal Code, Dangerous Buildings or Structures.
Location: Throll~hout site, primarily at.Arezs 2,3,4, & 5 on attached map
Remove.all unsafe or dilapidated building within 60-da:ys.
15. Motorhomes, trailers, vehicles. offices being used 2S residences. Section
7.28.040, Occupancy or Use Violations.
Location: Building 1 and 2, Area 2, 3, 4 on Map on attached map
_ _ _ D~co~~ue use ofthe~e ar~ within lO-daJ's, remove within 30-da~'s.
You are requested within :five (5) days or by October 8, 1997, to submit a schedule of
how you propose to comply with the requirements and time constraints that have been
specified in this letter. For example, complying 'With the items that require you to submit
for a building permit., 'Within 10-da)'s, or by Octob~ 14, 1997; obtaining permits within
3D-days, Dr by October 30,_..1997 and.itemsspeciiied.to_oe comple~d_Fithin_~O-days, Dr
-. - .. -. ~~------
by December 1, 1997.
.
It! Zff f~
~2(/:~'~n./f~.~;~f7V;:{'~/~~~:~:~\)}g~1~::}?f&fDi:;[i::t~~~J~?;~:;}/i~\:~~;.W?~!~~:.~).WHN;X'i~~Ff~tD~W}t~t%~i~1n:/?XH&~~?{'~~!{f{t;~rrr;/~~:;~
.
Edwin P. Omernick
September 30, 1997
Page 4
You have a right to appeal this action. Your attention is directed to Section 7.28.170
Dublin Municipal Code which states, "lu1y person aggrieved with any decision of the
Building Official in connection with the application or interpretation of the provisions of
this Chapter may appeal to the City Council. Such appeal shall be in writing and filed
within ten (10) days or by October 9,1997.
You have a right to appeal this action within ten days of receiving this notice. See Dublin
Municipal Code Section 728.170. If you do not appeal this determination, you must take
appropriate steps to abate the above violations within stated time periods. If you do not
abate the violations within state time periods, you may be deemed guilty of an infraction.
See Dublin Municipal Code Section 7.28200. Infractions may be cited each day a
violation occurs. Persons receiving three infractions within a twelve month period may be
charged with a misdemeanor offense.
Copies of the Dublin Municipal Code and Uniform Building, Plumbing, Mechanical, and
National Electrical Code are available in the City of Dublin. City Clerks office for your
.
re\7] e"V\.7_
If you have any questions, please feel free to contact our office at (510) 833-6610.
~ A:g!d~Pu< u
e';l.;;1.. Shreeve -
SENIOR BUILDING INSPECTOR
~r- ~_.
t-/ ~
Kenneth C. Petersen, P .E.
BlJTI.,DlNG OFFICl4.L
KCP/GAS:cf
Anachmen~: Sire Map
cc: Eddie Peabody, Community Development Director
Buzz Kllikowski, Zoning Investigator
Elizabeth Silver, City Attorney
Jim Ferdinand, Fire Marshal
.,:cor\6253dory--
.
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PROOF OF SERVICE BY MAIL
(CCP Section 1013(a) - 2015.5)
I am employed in the County of Alameda,
State of California.
I am over the age of 18 years
and not a party to the within action;
my business address is 100 Civic Plaza,
Dublin, CA 94568.
On September 30, 1997, I served the attached
CITY OF DUBLIN VIOLATION LEITER
6253 Dougherty Road, Dublin, CA 94568
on the parties to said action by placing a
nue copy thereof in a sealed envelope, addressed as follows:
Edwin P. Omernick
American Building Components
6253 Dougherty Road
- Dublin, CA 94568
BY MAIL, I placed such sealed envelope, with postage thereon fully prepaid for firsT-class mail, for
collection and mailing at City of Dublin, Dublin, California, following ordinary business practices. I am
readily familiar with the practice of the City of Dublin for collection and processing of correspondence,
said practice being that in the ordinary course of business, correspondence is deposited in the United
States Postal Service the same day as it is placed for collection.
I declare under penalty of perjury
under the laws of the State of California that the
foregoing is true and correct.
. Executed at Dub~in,_ c::aliforni~ o~ ?e:ptember 30, 1997-
/? 4 y~
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AFFIDA VIT
Gregory A. Shreeve, being first duly sworn, deposes and says:
That he in a Senior Building Inspector of the City of Dublin, County of
Alameda, California.
That a copy of the attached was hand delivered on September 30, 1997 at
2:17 p.m. to J\1r. Edwin P. Omemick, at the office of American Building
Components Company, 6253 Dougherty Road.
/ 0. ii\eQ,t.. .....
Gre~ rfA. Shree;-e, Senior Building Inspector
City of Dublin, County of Alameda
.
.
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AM-ERCIAN BUILDING COMPONENTS COMPANY
QUALITY AND SERVICE
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P.O. BOX 2098 . 6253 DOUGHERTY ROAD, DUBLIN, CALIFORNIA 94568 · PHONE (415) 828-0400
CORPORA TE PROFILE - SUPPLIER AND MANUFACTURER
October 8, 1997
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BUILD/At ry 0;= D
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City of Dublin
Attn: Kenneth Petersen
P.O. 80x 2340
Dublin, CA 94568
RE: Your letter dated September 30, 1997.
APN 941-550-5-1
I am troubled by your conclusive allegations pertainming to buildingfs and storage containers as
well as open areas being used or constructed improperly and possibly illegally.
In 1962, I built what you are calling building No. 1 for the purpose of building trusses and other
.
building components along with a repair and machine shop. This was done by code and permit
of Alameda County. It was a rectangular building approximately 250' long by 54' wide full gable
elevation approximately fifteen feet in height.
In 1972 a union and its members burned most of the entire roof and the second story portion of
t,",e office an.d shop building. At that time, a new permit was issued to rebuild fire damage
plus the_ addition on the north side of the building was added. A s~cond story ov~r the office_
building was rebuilt to a full eight foot ceiling height to accommodate additional office space
when needed. There have been no other changes to this building and I see no requirement for
any permits. The necessary repair and other infractions you are allegeing are being corrected on
-_:_-:._-~ _=- __~~. a daily basis. Howeve-r, ttie-:items thatyou._are statfng require p~rmlts_~!~.?re u~w~r:r.?~_t~_d and..:.
in fact if current permits were required: planning and preparation would take weeks to months,_
not ten days to plan and thirty days to build, as you suggest.
.
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EXHiBiT l
c> 'I tj:J : .
.
.
.
This year 1997 is the first year since 1990 that cauld be a profitable year. My business requires
a lat af designing, engineering and estimating. After numerous trys I have been unsuccessful in
finding capable qualified help. With the help af anly ane designer, I have had to. put myself an a
14 haur, 6 1/2 day a week wark schedule.. A problem such as this daesn't help and I request as
little pressure and demands fram yau as possible at this time.
It is my understanding that peaple '....ha have personal property, that is an my praperty, must be
faund and served a 30 day natice to. remave their praperty and that I am responsible and liable
far same if it disappears before 30 day natice expires This in itself will take 60 days.
I was unaware that a business license was required in Dublin. Nane ever was required by the
caunty./ will stop by and get this license in the next few days. Since we are at adds on passible
permit require,emts, and yau are giving me an unreasanably shart periad of time (10 to. 30 days)
to. do. a vast amaunt af wark and the fact, that I am cammitted to. a large order file af productian
than cannat be interrupted at this time, I feel it necessary to. appeal this case to. the city cauncil
no '" ___. _.. --
~a th_at a mare practical 8r1.d_ r~asanable approach may be taken to. resolve the prablems at hand.
This will in no. way slaw dawn the carrective measures being taken at this time.
I am a participant in an annual canventian far the Truss Industry that takes place the week af
OCT 20 to. 24 1997. This is an aut af tawn event. Do. nat caunt time ar include me in any af
your agendas far this particular week.
"Letthis letter serVe as-a noticeaf appeal- af this case to. the city council.
Sincerely,
~/06t/+
. "
~...: Of DC/" ,
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I~~~~~{W\ - -
~1~~~~'1 CITY OF DUBLL"J
~ ~':'- ~- - - ::>0: Box 2340. Dublin, Caliiornia 9.1:568
~:":"lro -:-'
February 9, 1998
Cny Off~es. 100 C;.c p,,,,,. Dubl;n. Califomla 9<568 .
.
CERTIFIED MAlL
Edwin P. Oroernick
.P:..merican Building Components
6253 Dougherty Road
Dublin, CA 94568
RE: BUll..DING REGULATION VIOLATIONS AT 6253 DOUGHERTY ROAD
APN - 941-550-5-1
A follow-up inspection was preformed at the above referenced location on December 23,
1997. Refering to the "Violation Notice Dated September 30,1997" the following
violations have / have not been corrected.
1. Trailers over 120 square feet being used as storage sheds; storage sheds without
foundations. No permits; Section 7.28.100 Dublin Municipal Code, Illegal Buildings,
Structures or Installations; Section 7.28.280 Permits Required
Locarion: Area 1 and 2 on attached map
The Two Railway cars, 3 open sbeds without foundations HAVE NOT been
addressed.
2_ __ Construction of six rooms (one storage, two restrooms, three offices) without
permits on permitted mezzanine. No Pernllts; Section 7.28.100 Dublin Municipal Code,
llZegal Buildings, Structures or Installations; Section 7.28.280 Permits Required
Location: Building 1, 2nd floor on attaChed map
No evidence has been submitted to show that these were built ~ith
permits. If any documentation can be supplied to the Building Department
to tbe contraI1', please do so as soon as possible.
3. . CoIl.Sliuction of office with storage above without permits. No permits; Section
7.28.100 Dublin Municipal Code, Illegal Buildings, Structures or Installations; Section
7.28.280 Permits Required
Location: Building 1, 1st floor on attached map
No evidence has been submitted to show tbat these were built with
_permits. If Any DOc:.uIDentatio~ ~ be_~~R~lied to the Building Department
_ to the contrary', please do so as soon as possible: -- ~----- ------ -~-~--
.4. Handrails to memmne-ind unpeIIDitted rooms ririssing or not in compliance..
Section 1006.9 Uniform Building Code, incorporated into the Dublin Municipal Code,
Section 7.32.030. .
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A::iministration (510) E33-6550 . City Council (510) B33-56C5-_. i"inanee {51 0) B33.6540 . Building Inspection (510) E33-6520
Code ~ntorcement (510) e33--6620 . Engineering (510) 833--6530 - Parks & Community Services (510) e33-5~5
Economic Development (510) B33-6E50 . Police (510) 833-5570 . Public Works {51 0) 833-6630
::"'f{'<'::'T;~{O?~iJ~:.,~~I;;3~?;S;i2;{:5;~),.0;;i;;;i;'~f;;~:';;~;B~i~~'{~JO):0f0:Xit~"~00"r/~~~JFj;
.
Edwin P. Omernick
February 9, 1998
Page 2
Location: Building 1, two locations on attached map
Violation has been corrected. All handrails have been repaired or replaced.
5. Overhead door to flammable storage area not in working order. Section 7.28.050
Dublin Municipal Code Dangerous Buildings or Srructzo'es; Section 7.28.130 Dublin
Municipal Code Maintenance Required.
Location: Building 1, 1st floor on attached map
Corrective action is under way. please provide estimated time of completion.
.
6. Two-hour area separation/fire walls compromised, and/or unprotected openings.
Section 504.6 Uniform Building Code, incorporated into the Dublin Municipal Code,
Section 7.32.030. Section 7.28.130 Dublin Municipal Code, Maintenance Required.
Location: Building 1, four areas, Building 2, one area on attached map
Corrective action is under way. Missing or Damaged Gypboard materials
have been replaced. The replacement Gypboard is required to be fire taped.
Fire door requires new hardware (Door Handle, Self Closing Device,). please
provide estimated time of completion.
7. Penetration, holes in exterior walls, Section 1402 Uniform Building Code,
Weather Protection. Incorporated into the Dublin Municipal Code, Section 7.32.030; - ~-
Section 7.28.130 Dublin Municipal Code, Maintenance Required.
Location: _ Building 1 an4 2_ o? _ attached map
Corrective action is underway. Rear portlon-ofBuilding 1 is Dot complete.
Please provide estimated time of completion.
8. Dilapidation and/or water dmnage to roof/ceiling. Ceiling covering loose. Section
7.28.050 Dublin Municipal Code Dangerous Buildings or Srructures; Section 7.28.130
Dublin Municipal Code, Maintenance Required.
Location: Building 1 on attached map .
Corrective action has beeD taken to remove and replace water damaged
are2.S. These areas still require fire taping or other approved method to seal
joints ing)rpboard. Please provide estimated time of completion.
.
9. High-pile storage racks - not anchored., no permits. Section 2207 Uniform
Building Code, Steel.Storag~Rafks,..!_n.cQtP"orf!!e4_in1o the Dublin Municipal Code,
Section 7.32.030, Section 7.28. 1 OODublin Municipal Code, illegal BiLildfrigs, StrUctures
or Ir.stalZations,
Location: Buildlng 1 and 2 on attached map
Unused racks have been removed. Remaining racks to be anchored to floor
"}';>~(};;;;;~;;:;.'~:/i':E;YZ::~{;~tn'<;'~CD7;'f:f/:{;~{:g,csr/Al\%.:O;;W2Sk
Edwin P. Omernick
February 9, 1998
Page 3
.
and structure. This has not been started. Please provide estimated time of
completion.
10_ Restrooms facilities not in working order. Section 2902 Number of Fixtures
Uniform Building Code incorporated into the Dublin Municipal Code, Section 7.32. 030;
Section 7.28. 060 Dublin Municipal Code, Dangerous Plumbing Installation, Section
7.28.130 Dublin Municipal Code, Maintenance Required
Location: . Building Ion attached map
Building now has 2 working restrooms down stairs. Up stairs restrooms are
being used as storage rooms. Repair to these restrooms will be handled under
Item #2 of this letter.
11. Penetrations, holes and! or dilapidation to walls in restroom. Section 807.1.2
Uniform Building Code, incorporated into the Dublin Municipal Code, Section 7.32.030,
Section 7.28.130 Dublin Municipal Code, Maintenance Required
Location: Building one
Repair work to wall Has Not begun. .
12. A Excessive use of extension cords throughout. Section 440.8 Notional .
Electrical Code, Uses not Permitted, incorporated into the Dublin Municipal ,~
Code, Section 7.36_030_
B. E:>..,tension cords e>..-posed permanently _to~ea.tl1_er or unpermitted splices,
Section 400.8, National Electrical Code, Uses Not fermilted incorporated into-
the Dublin Municipal Code, Section 7.36.030.
c. Electrical disconnect panels not labeled. Section 110-22 National Electrical
Code. Identification of disconnecting means. incorporated into the Dublin
Municipal Code, Section 7.36.030_
D. Electrical outlets (receptacles, switches, light fu.1:ures) cover plates missing,
installation incomplete: Light :fixtures not properly supporte~Section 7.28.060
Dublin Municipal Code, Dangerous Electrical Installations. ---
UA and 12B of letter have Dot been completely addressed. 12C Panel! has
been corrected, Panel 2 bas bad DO corrective measures taken, Panel 3 is
unused at this time and should be labeled as sucb. Please provide estimated
time of completion.
13. ..o.IT tanks, equipment not anchored.. Section 304.4 Uniform Building Code, --
Anchorage of Appliances, incorporated into the Dublin Municipal Code, Section
732.030. .
Location: Building 1 on attached map
This item H..6,$ NOT been addressed.
.
;;. tj et5 i $
.
Edwin P. Omemick
February 9, 1998
Page 4
14. Dilapidated building, modular buildings, trailers. Section 7.28,050 Dublin
Municipal Code, Dangerous Buildings or Structures.
Location: Throughout site, primarily at Areas 2, 3, 4, & 5 on attached map
This item HAS NOT been addressed.
15. Motorhomes, trailers, vehicles, offices being used as residences. Section
7,28.040, Occupancy or Use Violations.
Location: Building 1 and 2, Area 2, 3, 4 on Map on attached map
No evidence found that offices or trailers are being used as a residence.
Three RV I Motorhomes on property- Unknown :if being lived in. Moterhome
stored in Building 2 shows some signs of use only. Vehicles have been moved.
.
Per our conversation and due to your williness to work with this deparlIDent we have
postponed your appeal to the City Council. However, due to the e).."tended amount of time
that bas been granted to you to bring your property into compliance we :find it necessary
at this time to proceed with your appeal to the City Council.
We would like to take this opportunity to thank you for your cooperation in this matter.
" j
You will be informed a minimum offive (5) days prior to the appeal date.
If you have any questions, please feel free to -eontactour office at (510) 833-6620~--
~ #7
e4ft/j~ 512
Gregor! A shreeve
SENIOR BUJLDING INSPECTOR
~ ~
7K:nneth c. petersen, P .E. -
BUILDIN"G OFFICIAL
KCP/GAS:gas
.
cc: ___Eddie Peab~~y,90I~lInunit:y Development Director
Buzz Kalkowski, Zoning lnv-estigator -- -- - -
Elizabeth Silver, City Attorney
Jim Ferdinand, Fire Marshal
_____ - _u __ ---
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7.28.460
7.28.470
7.28.480
7.28.490
7.28.500
7.28.510
7.28.520
7.28.530
Fees-Paitially
completed work.
Additional fees for
changes.
Reinspections.
Code compliance survey.
Inspection fee-Moved
building.
Plan and specification
storage fee.
Fees for additional plan
checking.
Fees-=-other inspection
services.
Article IV. Inspections
7.28.540 Generally.
7.28.550 Approvals required.
7.28560 Inspection required
before use commences.
7.28.570 Notification for
inspections required.
Other inspections.
Special inspections.
Inspections--Moved
buildings, structures.,
installations or systems.
to"
7.28.580
7.28.590
7.28.600
Article V. Occupancy
7.28.610 Generally.
7.28.620 Approval to connect
utilities.
7.28.630 Temporary or partial
occupancy.
7.28.640 Authority to withhold
approval to occupy.
Article I.,Enforcement - ~
7.28.010 Enforcement officer
designated.
There is established in the city the
office of the Building Official who is
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7.28.010
responsible for enforciri.g and admin~
istering all of the provisions of this chap.-
ter, as hereinafter provided. The
enforcement of Chapter 7.52 shall be as
designated in Section 7.52.030. The
Alameda County Health Officer shall
enforce all of the provisions of this chap-
ter pertaining to:
1. Private water supply;
2. Private sewage disposal systems;
3. Infestation of insects, vermin or
rodents;
4. Storage and removal of garbage;
5. Sanitation of bedding.
B. For purposes of enforcement of the
foregoing provisions of this chapter the
Health Officer shall have the same
authority and duties that are assigned to
the Building Official in this sectipn and in
Sections 7.28.020, 7.28.030, 7.28.110,
7.28~140, 7.28.150, 7.28.160, 7.28.170
and 7.28.180 of this anicle.
C. The Building Official, and the
Alameda County Health Officer shall
have the power of a peace officer. (Ord.
21-89 S 11.0)
7.28.020 Right of entry.
Whenever necessary to make an
inspection .to enforce any of the provi-
sions of this chapter or whenever the
Building Official has reasonable cause to
believe that a violation of this chapter
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, substan-
dard. unsamiary~ora" menace -to "O"iife,
health or propeny, the Building Official
_ may enter such building or premises at all
reasonable times to inspect the same or to
perform any duty imposed upon the
351
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f ~~!~1~1 ~1es
7.28.020
Building Official by this chapter or any
other applicable law, ordinance, rule or
regulations provided that if such building
or premises be oc~pied, he shall first
present credentials and demand entry. If
such entry is refused, the Building Offi-
cial shall have recourse to every remedy
provided by law to secure entry. (Ord.
21-89 gILl)
7.28.030 Stop work orders.
Whenever any work is being done con-
trary to the provisions of this chapter or
any other applicable law, ordinance, rule
or regulation, the Building Official may
order the work stopped by. serving writ-
ten notice' on any persons engaged in,
doing, or causing such work to be done.
Any such person shall forthwith stop
such work until authorized by the Build-
ing Official to proceed with the work. If
, there are no persons present on the prem-
ises the notice may be posted in a con-
~icuous place. J)l~ notice shall stat~ the _ "
nature of the violation. Any person vio-
lating a stop work order shall be guilty of
a misdemeanor. (Ord. 21~89 9 11.2)
7.28.040 Occupancy or use
violations.
A. Whenever aIlYn buildi~g_or: struc-
ture, electrical,- plumbing, or mechanical
installation, or portion thereof, is being
used contrary to the provisions of this
chapter or any other applicable law, ordiw
nanc_e, ~e, or regulati<:m. and whenever
- the-:occupancjT of.:a:__bUilding, has~been--
changed without the approval of the
Building, Offi~al" the Building Official
-- may otdersuch~uSe -disccintinued and,
where 9-eemed necessary for the safety of
the occupants thereof, or the public, may
..
order the building or structure or portion
there~f to be vacated by serving written
notice to any persons using or causing
such use. If there are no persons present '
on the premises at the time, the notice
may be posted in a conspicuous place on
the premises. The notice shall state the
nature of the violation and the tim~ when
said use shall be discontinued, and when
required, the time which said building or
structure or portion thereof shall be
vacated. No person shall continue said
use or continue to occupy said building
or structure, electrical, plumbing, or
mechanical installation, or pbrtion
thereof, contrary to the terms of said
notice until the violation is corrected and
use or occupancy is authorized by the
Building Official.
B. Any person viOlating any notice
. issued pursuant to this .section shall be
guilty ~f a misdemeanor. (Ord. 21-89 g.
11.3)
.-.
-: ~ ;:~.::.:: /
7.28.050 Dangerous buildings or
Structures.
For the purpose of this chapter, any
building or structure which has any of all
of the conditions or defects hereinafter
described shall be deemed to be .1' dan- -
geroUs building or stnictUre; provided,
that such conditions or defects exist to
the extent that the life, health, property,
or safety of the public or its occupants are
endangered:
--A. Whenever-any- door,---aisle, pas~
sageway, stairway or other means of exit
is not of sufficient wi~th?r siz~, or is Dot_
.. - so airanged --as -to provide safe and ade-
quate means of exit in case of fire or
panic;
.
{~.?i.~
352
;2~ pt 10
.',"
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B. Whenever the -stress' iri ~any mate-
rials, member or portion thereof, due to
all dead and live loads, is more than one
and one-half times the working stress or
stresseS allowed in the building code for
new buildings of similar structure, pur-
pose or location;
C. Whenever any portion thereof has
been damaged by fire, earthquake, wind, .
flood, or by any other cause, to such an
extent that the structural strength or sta-
bility thereof is materially l~ than it was
before such catastrophe and is less than
the minimum requirements of the build-
ing code for new buildings or similar
structure, purpose or location;
D. Whenever any portion or member
or appurtenance thereof is likely to fail,
, or to become detached or dislodged, or to
collapse and thereby injure persqn5 or
damage property;
E. Whenever any portion of a build-
ing or structure, or any member, appur-
tenance or ornamentation on -the
exterior thereof is not of sufficient
strength or stability, or is not so
anchored, attached, or fastened in place
so as to be capable of resisting a wind
pressure of one half of that specified in
the building code for new buildings of
similar structure, purpose--or location
without exceeding the working stresses
permitted in the building code for such
buildings;
E Whenever any portion thereof has
cracked,warped,-buckIed, or settled to
such an extent that wallS or other-struc-
tural portions have materially less
resistance to winds or earthquakes than is
required in the case of similar new con-
struction;
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7.28.050
G. Whenever the buildirig 'or strUc-
ture, or any portion thereof, because of
(l) dilapidation, deterioration, or decay;
(2) faulty construction; (3) the removal,
movement or instability or any portion
of the ground necessary for the purpose
of supporting building; (4) the deteriora-
tion, decay or inadequacy of its founda-
tion; or (5) any other cause, likely to
partially or completely collapse;
H. Whenever, for any reason, the
building or structure, or any portion
thereof, is manifestly unsafe for the pur-
pose of which it is being used;
I: Whenever the exterior walls or
other vertical structural members list,
lean, or buckle to such an extent that a
plumb line passing through the center of
gravity does not fall inside the middle one
third of the base;
J. Whenever the building or structure,
exclusive of the foundations, shows
thirty-three percent (33%) or more
damage or deterioration of its supporting
member or members, or fifty percent
(50%) damage or deterioration ofits non-
supporting members, enclosing or out-
side walls or coverings;
K. Whenever the building or struc-
ture has been so damaged by fire, wind,
earthquake or flood, or has _ become so
dilapidated or deteriorated as to become
(1) an attractive nuisance to children; (2)
a harbor for vagrants, criminal or
immoral persons; or as to (3) enable per-
sons to resort thereto for the purpose of
committing unlawful_ or imm~ra1 acts; _
L. Whenever any building or struc-
ture has been constructed, exists, or is
maintained in violation of any specific
requirement or prohibition applicable to
such building or structure provided by
353
J ar ~ y~
7.28.050
this Chapter- or any ia~~- ordinance, rule
or regulation in relation to the condition,
location or structure of buildings;
M. Wl1enever ~y building or. struc-
ture which, whether or not erected in
accordance with all applicable laws and
ordinances, has in any nonsupporting
part, member or portion, less than fifty
percent (50%), or in any supporting part,
member or portion less than 66 percent
(66%) of the (I) strength; (2) fire resisting
qualities or characteristics; or (3) weather
resistance qualities or characteristics
required by law in the case of a newly
constructed building of like are~ height
and occupancy in the same location.
Except that for buildings erected prior to
the effective .date of Alameda County
Ordinance 74-66 the seismic forces spec-
ified in Alameda County Ordinance 950
N.S. shall be used' rather than the seismic
forces required by law for a newly con-
structed building oflike area, he:ight, and_
occupancy in the same location for deter-
mining the percent of strength;
N. Whenever a building or structure,
used or intended to be used for dwelling
purposes, because of inadequate mainte-
. _ nance,. di~~~i~a~i?n, _decay~_da~~ge,
.faulty construction- or arrangement, .
inadequate light, air or sanitation facili-
ties, or otherwise, is deterniined by the
Building Offficial tobe unsanitary, unfit
for human habitation or in such a condi- -
tion that it is likely to _ cause sickness or
_____n___ d.is'We;"- --- ,------------- --- .-- -- ~---
O. Whene"er any building or struc~
ture, because of obsolescence,' dilapi--
dated condition, deterioration, damage,
inadequate exits, lack of sufficient fire
- - -- 354
.,---..
. "
. .
-resistive construction, faulty electric wir-
ing, gas connections or heating apparatus
or other cause, is determined by the
Building Official to be a fire hazard;
P. Whenever any building or struc~
ture is in such a condition as to constitute
a public nuisance known to the common.
law or in equity jurisprudence;
Q. Whenever any portion of a build-
ing or structure remains on a site after the
demolition or destruction of the building
or structure or whenever any building or
structure is abandoned for a period in
excess of six (6) months so as to con~
stitute such building or portion thereof
an attractive nuisance or hazard to the
public. (Ord. 21-89 S 11.4 (a))
7.28.060 Dangerous electri~
plumbing or 'mechanical
installations.
For the purpose of this chapter, any
--- electncaj, plumbing or mechanical
installation which has any or all the con-
ditions or defects hereinafter described
shall be a dangerous electrical plumbing,
or mechanical installation, provided that
such conditions or defects exist to the
extent that the life, health, property or---
safety oftI:ie public or'any persons using
such installation are endangered:
A. Whenever any protective or safety
service specified in this chapter is; not
provided., inoperative; o~ is _defective..:._
rm;pldaied., d.etenoratecCio -as to -tail to
function as originally intended;
..-- R- Whenever any- installation -or-any--
portion thereof because of (1) dilapida.
tion, deterioration, or decay; (2) faulty
..
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construction; (3) obsolescence; (4) inade-
quate maintenance. which in relation to
existing use constitutes a hazard to life,
health. property or safety;
C. Whenever' any installation of any
portion thereof which is damaged by fire.
wind. earthquake. flood or any other cause
so as to constitute a hazard to life. health.
property or safety;
D. Whenever any installation or any
portion thereof was constructed. installed,
altered or maintained in violation of this
chapter so as to constitute a hazard to life.
health. property or safety;
E. "'Whenever any installation is in such
condition as to constitute a public nuisance
known to common law or in equity juris-
prudence. (Ord. 21-89 ~ l1.4(b))
7.28.070 Maintaining dangerous
structureS or installations
prom"bited.
It is unlawful to maintain or use a dan-
gerous b~il~g or structure, or a dangerous
electrical, plumbing, or mechanical installa-
tion. (Ord. 21-89 ~ 11.4(c))
7.28.080 Abatement.
All dangerous buildings or structures. or
dangerous electrical, plumbing, or mechani-
cal installations are hereby declared to be
public nuisances and may. be abated by
repair. rehabilitation. demolition or removal
in accordance with the procedures specified
in Chapter 7.52 or by any other remedy
available at law. (Ord. 21-89 S l1.4(d))
_ _.. __ n _
7.28.090 Substandard buildings.
All buildings or portions thereof which
are determined to be substandard as defined
in Section 1001 of the Housing Code are
declared to be public nuisances and may be
7.28.060
abated by repair. rehabilitation, demolition,
or removal in accordance with the proce-
dure specified in Chapter 7.52 or by any
other remedy available at law. It shall be
unlawful to maintain or use any such sub-
standard building. Except that any condition
which would require displacement of sound
walls or ceilings to meet height, length. or
width requirements of ceilings. rooms. and
dwellings shall not by itself be considered
sufficient existence of dangerous conditions
making a substandard building. unless the
building was constructed, altered or convert-
ed in violation of such requirements in
effect at the time of construction. alteration,
or conversion. (Ord. 21-89 S 11.5)
7.28.100 mega! buildings,
structures or installations.
A. Every building or structure or portion
thereof. and every electrical, plumbing or
mechanical installation or portion thereof.
erected, installed, constructed, enlarged.
.. altered. repaiI:ed.. mpved, _converted._ _Dr
improved without a permit and which was
subject to the requirements for permits by
the Alameda County Building Code, the
Alameda County Electrical Code, the
Alameda County Plumbing Code, the
Alameda County Heating and Ventilating
Code. . the Alameda County Mechanical
Code as adopted by Alameda County Ordi-
nance Number 424, 508, 644.120 N.S.. and
74-66. respectively, or any subsequent
Alameda County ordinances which amended
or readopted said Codes or.~hi~~ was_erect-
ed. installed, constructed, enlarged, altered,
repaired. moved, converted or Improved
without a permit and which has subject to
the requirements for permits by Chapters
7.32. 7.36. 7,40 and 7.44 or subsequent city
ordinances which amends, adopts. or re-
355
(Dubli>> 4-96)
~/ ~ Y0
7.28.100
- adopts the city building code, electrical
code, mechanical code and plumbing code
is declared to be an illegal building, struc-
ture, or installation. All illegal buildings,
structures or installations shall be made to
conform to the provisions of this' chapter or
shall be demolished and removed.
B. Whenever necessary to assure com-
pliance with the foregoing provisions the
owner of any illegal building, structure, or
installation shall uncover any concealed
portions of such building, structure, electri-
cal, plumbing or mechanical installation for
inspection and shall peIform such tests as
may be required by the Building Official.
C. It is unlawful to use or maintain any
illegal buildings, structure, or installation or
portion thereof which was erected. installed.
constructed, enlarged, altered. repaired.
moved. converted. or improved without a
permit.
D. All illegal buildings, structures or
installations or portions thereof may be
abated by being made to conform to the
provisions of this -chapter or by -demolition
and remove in accordance with the provi-
sions specified in Chapter 7.52 or by any
other remedy available at law. (Ord. 21-89
S 11.6)
7.28.110 Discontinuance of
: utilitiei-Anthority.
A. The Building Official may order the
discontinuance of the supply of electrical
energy, fuel gas, or water to any building or
structure, electrical, plumbing or mechanical
instaIlat:jon which is: -
-- - ~ 1. Being occupied or usedncontrary to - -
the p~ovisions of this chapter as set forth in
Section 7.28,040;
2. A dangerous building or structure, or
electrical, plumbing or mechanical instaIla-
(Dublin 4--96)
356
~:
~..-~-
tion as set forth in Sections 7.28.050
through 7.28.080;
3. A substandard building as set forth in
Section 728.090;
4. An illegal building or structure, elec-
trical, plumbing or mechanical installation
as set forth in Section 7.28.100.
B. Such order shall be in writing and
shall state the nature of the condition requir-
ing the discontinuance of utilities and the
time when such utilities shall be discontin-
ued. The order shall be directed to the per-
son, rmn or coxporation supplying electrical
energy, fuel gas, or water and a copy of
said order shall be sent to the person using
said utilities and to the owner of the premis-
es. (Ord. 21-89 S 11.7)
7.28.120 Existing buildings,
structures or installations.
A. Except as required by Section
310.9.1 of the BuildingCode, and Sections
7.32.~80 and 7.40.130, buildings or struc-
tures, electrical, plumbing or mechanical
-- installations in existence at the time of the
adoption of the ordinance codified in this
chapter may have their existing use or occu-
pancy continued if such use or occupancy
was legal at the time of adoption of the
ordinance codified in this chapter and pro-
vided such continued use is not dangerous
or substandaTd-and does not menace health,
life or property.
B. Electrical, pliunbing and mechanical
systems installed in apartments, hotels and
dwellings and in existence prior to January
I, 1975, shall be deemed to have confonned
to applicable law in-effect at the time of
installation and to have been maintained in
good condition if currently in good and safe
condition and working properly. (Ord. 12-
95 g 1: Ord. 12-92 S 1: Ord. 21-89 g 11.8)
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7.28.130 Maintenance
requirements.
A. All buildings or structures. all electri-
cal, plumbing and mechanical installations.
both existing and new, and all parts thereof
shall be maintained in a safe and sanitary
condition. All devices or safeguards which
, are required by the building. electrical.
plumbing, and mechanical codes when the
building, strUcture, or installation was erect-
ed or installed shall be maintained in good
working order. The owner or his designated
agent shall be responsible for maintenance
of all building. strUctures, installations or
system.
B. Private building sewers shall be
maintained in, a gastight and watertight
condition. Where private sewage disposal
systems are permitted. the effluent there-
from shall be contained beneath the surface
of the ground level and within the property
lines of the premises. (Ord. 21-89 9 11.9)
7.28.140 Alternate materials and
methods of construction.
A. The provisions of this chapter are not
intended to prevent the use of any material
or method of construction not specifically
prescribed by this chapter, provided, any
such alternate has been approved by the
Building Official.- -
B. The Building Official may approve
any such alternate provided he finds that the
proposed design is satisfactory, and that the
material, method. or work offered is, for the
purpose intended. at least the equivalent of
that prescribed in this chapter in quality,
strength, effectiveness, fire resistance. dma-
bility, dimensional stability. and safety. The
details of any action granting approval of an
alternate shall be recorded and entered into
the files of the city.
7.28.130
c. The Building Official may require
that sufficient evidence or proof be submit-
ted to substantiate any claims that may be
made regarding its use. (Ord. 21-89 9
11.10)
7.28.150 Modifications.
Whenever there are practical difficulties
involved in canying out the provisions of
this chapter. the Building Official may grant
modifications for individual cases. provided
he shall first find that a special individual
reason makes the strict letter of this chapter
impractical and that the modification is in
conformity with the intent and purpose of
this chapter and that such modification does
not lessen any fue protection requirements
or any degree of structural integrity. The
details of any action granting modifications
shall be recorded and entered in the fues of
the city. (Ord. 21-89 9 11.11)
7 .28.160 Compliance-Tests.
A. Whenever there is insufficient evi-
dence of compliance with the provisions of
this chapter or evidence that any material or
any constrUction does Dot conform to the
requirements of this chapter or in order to
substantiate claims for alternate materials or
methods of constructiOn, the Building Offi-
cial may require tests as proof of compli-
ance to be made at the expense of the own-
er or his agent by an approved agency.
B. Test methods shall be as specified by
this chapter for the material in question. H
there are no appropriate test methods speci-
fied in this chapter. the Building Official
shall determine the. test procedure.
C. All tests shall be made by an ap-
proved agency. Reports of such tests shall
be retained by the Building Official for the
357
?;) rO y%
(Dublin 4-96)
7.28.160
--..
period required for the retention of public
records. (Ord. 21-89 ~ 11.12)
7.28.170 Appeals.
A. AI1.y person aggrieved with any deci-
sion of the Building Official in connection
with the application or interpretation of the
provisions of this chapter or in the approval
of alternate materials or methods of con-
struction may appeal to the City Council.
Such appeal shall be in writing and flIed
within ten (10) days.
B. The City Council may after hearing,
interpret any provision of this chapter.
C. The City Council may after hearing
vary the application of this chapter in any
specific case when in its opinion the en-
forcement thereof would be contrary to the
spirit and purpose of this chapter or public
interest. The City Council in granting a
variance may impose requirements or condi-
tions to mitigate any adverse effects that
may result from granting a variance.
_ _ p. ll? makin~ ~y such interpretation or
granting any variance the CIty Council. shall
make the following findings:
1. That the interpretation or variance is
consistent with the purpose of this chapter;
2. That the interpretation or variance
will not lessen the protection to the people
.. _Qftlle c~ty_~d the !?!:()perty situatel:i _the~il?:.
- E.- The City Council may approve alter-
nate materials or methods of construction as
set forth in Section 7.28.140 by overruling
the decision of the Building Official. In
approval any alternate materials or methods.
nof constrUCti-on tile City CoUricilshall rilake
findings that the materiaL method or work
. proposed is for the purpose intended, at
leaSt the'-.equivalent of that prescribed by~
this chapter in quality, strength, effective-
(Dublin 4-96)
358
'-
~"
ness; frre resistance, durability, dimensional
stability and safety.
F. The City Council may appoint a
Board of Appeals to hear any specific ap-
peal. The Board of Appeals shall consist of
five (5) members qualified by training and
experience to pass on matters pertaining to
the subject matter of the appeal and to serve
until the disposition of the appeal. The
Board of Appeals shall have the same au-
thority and duties as the City Council in
interpreting this chapter, granting variances,
or approving alternate materials or methods
of construction. The Building Official shall
be an ex officio member of the Board of
Appeals and shall act as secretary to the
Board. The Board of Appeals shall adopt
reasonable rules and regulations for con:"
ducting its hearings and investigations. The
decision of the Board of Appeals shall be
final. (Ord. 12-95 ~ 2: Ord. 21-89 S 11.13
(part))
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7.28.180 Revocation of modification
of variance.
The City Council may revoke or modify
by written order, after a public hearing held
upon not less than ten (10) days notice, any
order permitting a variance. The City Coun-
cil shall serve notice of the time and place
of a hearing to revoke or modify any order
permitting a variance not less than ten (10)
days prior to such hearing, by personal
service, or by first class mail, postage pre-
paid. mailed to the person to whom such
variance was granted at the address shown
in the application for such variance or to
such other address as may appear reason-
able to the City Council under the paIticular
circumstances. (Ord. 21-89 ~ 11.13 (part))
7.28.190 Liability.
The buiiding official, or his authorized
representative charged with the enforcement
of this code, acting in good faith and with-
out malice in the discharge of his duties,
shall not thereby render himself personally
liable for any damage that may accrue to
persons or property as a result of any act or
by reason of any act or omission in the
discharge of his duties. AIly suit brought
against the building official or employee
because of such act or omission performed
by him in the enforcement of any provision
of such codes or other pertinent laws or
ordinances implemented through the en-
forcement of this code or enforced by the
code enforcement agency shall be defended
by this jurisdiction until final termination of
such proceedings, and any judgementresult-
ing -therefrom -shall be assumed by this-
jurisdiction. (Ord. 21-89 S 11.14)
7.28.180
7.28.200 . Violation-Penalty.
A AIly person, firm or corporation vio-
lating or causing, or permitting to be violat-
ed any of the provisions of this chapter
shall be deemed guilty of an infraction
unless such violation is described as a mis-
demeanor by specific provisions of this
chapter.
B. AIly person,:firm or corporation con-
victed of a misdemeanor under the provi-
sions of this chapter shall be subject to a
fine or imprisonment. or both, not to exceed
the limits set forth in California Penal Code
Section 19.
C. Any person, firm or corporation con-
victed of an infraction under the provisions
of this chapter shall be punishable upon a
first conviction by a fine of not more than
one hundred dollars ($100), and for a sec-
ond conviction within a period of one (1)
year by a fine of not more than twO hun-
dred dollars ($200), and for a third or any
subsequent conviction within a one (1) year
period by a fine of not more than five hun-
dred dollars ($500). Any violation beyond
the third conviction within a one (1) year
period may be charged by the District At-
torney as a misdemeanor and the penalty for
conviction of the same shall be subject to a
fine or imprisonment. or both, not to exceed
the limits set forth in California Penal Code
Section 19.
D. In addition to the penalties provided
in this section, any condition caused or
permitted to exist in violation of any of the
provisions of this chapter shall be deemed
a public nuisanceH and may be by the city
summarily abated as such. --- ..
E. 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 chap-
359
?J~ 4 '1%
(Dublin &--92)
7.28.200
ter is committed, continued or permitted by
such person and shall be punishable accord-
ingly.
F. The Building Official 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.
(Ord. 12-92 ~ 54: Ord. 7-91 ~ 2: Ord. 21-89
~ 11.15)
Article II. Definitions
7.28.210 Generally.
For the puxpose of this chapter, certain
words and phrases are defmed and shall be
construed as set out in this article. (Ord. 21-
89 ~ 13.0)
7.28.220 Building Official.
The "Building Official" means the officer
charged with the administration and en-
forcem~nt of this chapter or his_ authqrized _ __
representative. (Ord. 21-89 ~ 13.1)
7.28.230 Electrical installation.
"Electrical installation" means any elec-
trical wiring, appliance, device, equipment,
and apparatus used for or in connection
with th_e transmission or use of electrical
- . - .-
energy for light, heat, power, ratio, signal-
ing communication or for any other pur-
pose. (Ord. 21-89 ~ 13.2)
7.28.240 Health Officer.
- --
-- ~'Health Officer:" means: the- Alamedau--
County Health Officer or his authorized
representative. (Ord. 21-89 ~ 13.3)
(DubliIl&-92)
360
7.28.250 Mechanical installation.
"Mechanical installation" means any
appliance, device, equipment, system or
apparatus used for or in connection with
heating, ventilating, refrigeration or inciner-
ation. (Ord. 21-89 ~ 13.4)
7.28.260 Plumbing installation.
"Plumbing installation" means the use of
water, all potable water supply and distribu-
tion pipes, all fixtures and traps, all drain-
age and vent pipes and all building drains,
all private sewage disposal systems, includ-
ing their respective joints and connections,
devices, receptacles and appurtenances
within property lines of the premises and
shall include potable water piping, potable
water treating or using equipment, fuel gas
piping, water heaters and vents for same.
(Ord. 21-89 ~ 13.5)
7.28.270 This chapter.
Wh~never the term "this chapter" is used
in this Chapter 7.28, it shall also mean and
include_Chapter 7.32_ (Building Co~e);
Chapter 7.36 (Electrical Code); Chapter
7.40 (Plumbing Code); Chapter 7.44 (Me-
chanical Code); and Chapter 7.48 (Housing
Code). (Ord. 10-91 ~ 1)
Article III. Pennit Requirements
7.28.280 -. Pennit~Jiequiied.
A. No person, frrm or corporation or
organization shall install, erect, construct,
enlarge, add to, alter, repair, .
3& ~ Y $
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move, remove, demolish, convert. occupy,
equip or improve any building or structure,
any electrical, plumbmg or mechanical
installation or cause the same to be done
without first obtaining a permit from the
Building Official.
B~ A separate permit shall be required
for each building or structure, but the per-
mit may include pertinent accessories such
as fences, retaining walls, exterior lighting,
underground utilities and sprinlder systems.
providing such work is shown on the ap-
proved plans or described on the applica-
tion. The Building Official may authorize
issuance of a single permit for several
buildings where in his opinion the conve-
nience of the city will be served.
C. Prior to issuance of a permit by the
Building Official, a separate permit or ap-
proval shall be secured from the Health
Office for private water supply and private
sewage disposal systems. In addition. sepa-
rate permits for wells are required by the
Alameda County Flood Control and Water
Conservation District Zone 7 pursuant to
Article 14, Chapter 6, Title 5, Alameda
County Ordinance Code.
D. Additional permits shall be required
for pertinent accessories regulated by this
chapter which are proposed to be construct-
ed but not sh_own on _the _approved plans or
described -on. the application.- A grading ..
permit may also be required Subject to the
provisions of Chapter 7.16. (Ord. 21-89 ~
12.0)
7.2~.29~"...: E. xceptiODS. _ _ .
A. No permit shall be requiied for" the----
following; however, permits shall be re-
. - quired for electrical, plumbing and mechani-
cal installations in any building or structure
listed in suhsections Al through A18 of this
7.28.280
section, and permitS shall be required for all
new construction ~d substantial improve-
ments that are located within an area of
special flood hazard in which case a permit
shall be required as set forth in Chapter
7.24:
1. Open wire fences not more than six-
teen (16) feet in height, masonry fences not
more than six (6) feet in height, and all
other type fences not more than eight (8)
feet in height;
2. Retaining walls which do not retain
more than three (3) feet of earth when the
earth retained is level or where there is no
surcharge load. and retaining walls which
do Dot retain more than twO (2) feet of earth
when the earth retained is sloping or which
supports surcharge loads. See Section
2317.11 of the Uniform Building Code for
requirements for treatment of wood used for
retaining walls;
3. One-story detached accessory build-
ings used as tool and storage sheds, play-
houses and similar uses, provided the pro-
jected roof area does not exceed one hun-
dred twenty (120) square feet;
4. One-story buildings not more than
four hundred (400) square feet in area used
exclusively for housing animals, poultry,
livestock and similar animals and the stor-
age of necessary food. hay or grain for the
.~ animals housed therein;
5. Agricultural buildings as defined in
Section 202 of the Uniform Building Code
on lots exceeding twenty (20) acres in area
which are located in an A zoning district
and where the principal use _ of the land is
agriculture; ---- ----
6_ Lath houses and similar sun shade
structures with roofs which do not shed
water. which are not more than ten (10) feet
361
?J 14 Y ~. (Dub~ 4-96)
7.28.290
in height and one thousand (1,000) square
feet in area; .
7 . Awnings over doors and windows of
a Group R-3 or Group U-l Occupancy
which are entirely supported by the building
and do not project more than fifty-four (54)
inches;
8. Temporary construction offices, and
storage sheds which are used on a site
where there is a valid building permit, grad-
ing permit, or which are used in connection
with a construction project where no build-
ing permit or grading permit is required;
however, this provision shall not apply to
such building remaining on the. site thirty
(30) days after the completion of construc-
tion;
9. Temporary construction offices and
storage sheds when stored in a contractor's
equipment yard; however, this provision
shall not apply if such buildings are used
for any purpose whatsoever;
10. Raised decks which are less than
thirty (30) inches above the ground at any
point; . . ~ __~__ _.. ____.___.
11. Treehouses or-other structures which
are designed to be used by children for
play;
12. Flag poles, radio or TV antennas and
towers, less than thirty-five (35) feet in
height when not attached to a building and
less than twenty (20) - feet in height when
attached to a building:-:except--perrici; are
required for dish-type antennas more than
four (4) feet in diameter,
13. Swimming;_ bathing, and wading
_ pools, and fish ponds not exceeding twenty- .
four (24) inches in_ depth;
14. Prefabricated swimming pools; spas
or hot tubs Dot excee'!ing four (4) feet in
depth if resting on the surf~e of the groimd .
or a concrete slab on the ground;
_ _ (Dnblin 4-96) _
.
15. Painting, papering and similar finish
work;
16. Moveable cases, counters and parti-
tions not over five (5) feet nine (9) inches
high;
17. Water tanks supported directly upon
grade if the capacity does not exceed five
thousand (5,000) gallons and the ratio of
height to diameter or width does not exceed
two to one (2: 1);
18. Water storage tanks of any size if
resting on the surface of the ground or on
a concrete slab on the ground when used
only for watering livestock or irrigation;
19. The replacement of lamps or the
connection of portable electrical appliances
to suitable receptacles which have been
permanently installed;
20. Nonelectrical signs less than eight (8)
feet in height, nonelectrical signs which do
not exceed three (3) pounds per square foot
nor four (4) inches in thickness when fas-
tened .flat against the wall of any building;
and provided further, that the sign does not
_ _ e~~nd ab~ve the_ top of the wall of the __
building;
21. Clearing stoppages or repairing leaks
in pipes, valves, fittings or fixtures when
such repairs do not involve the replacement
or rearrangement of pipes, valves, fittings or
fixtures;
22: _Bl!ildIDgs and structures 9.wned by a
sanitary district used exclusively for storage,
. colleCtion, conveying and treating sewage;
23. A permit shall not be required for
demolition or exploration work that may be
necessary in order to determine conditions
in connection with a proposed addition or-
alteration to an existing building if an appli-
cation for a permit is on file and prior ap-
provaf for tlle demolition.. or exploration
work is obtained from the Building Official;
.::~
. ....
,
362
'37 ~ '/~
- -
.
7.32.010
.
7.32.320 Section 3303.3, Chapter
33, Storage on public
property-Deleted.
7.32.330 Section 3303.4, Chapter
33, Mixing mortar on
public property-
Deleted.
7.32.340 Section 3303.5, Chapter
33, Protection of
utilities-Deleted.
7.32.350 Section 3201, Chapter
32,~er~~ended.
7.32.360 Section 3202, Chapter
32, Projection into
alleys-Deleted.
7.32.370 Section 3203, Chapter
32, Space below
sidewalks-Deleted.
7.32.380 Section 3208, Chapter
32, Signs-Added.
7.32.390 Section 2506.4, Chapter
25, Weather-resistive
barriers-Amended.
7.32.010 Title.
The Uniform Building COde adopted by
Section 732.030 and the provisions of this
chapter is the city building code and may be
cited as such, and will be referred to in the
Uniform Building Code and in this chapter
as "this code." COrd. 21-89 9 21.0)
.
7.32.020 Purpose.
The promotion and preservation of the
public health, safety, and general welfare of
the people of the - citY and the propertY
situated therein have madeneces-sary the
adoption of the ~ Uniform Building _ Code
referred to in Section 732.030 in order to
adequately safeguard life, health, property
and general welfare. The pmpose of this
code is not to create or otherwise establish
_ (Dublin 4-96)
,,'.' .'
. -.' .
or designate any particular class or groups
of persons who will or should be especially
protected or benefited by the terms of this
code. (Ord. 21-89 9 21.1)
7.32.030 Adoption.
Certain documents, a copy of which is on
file in the office of the City Clerk, being
marked as "Uniform Building Code," 1994
Edition, Volumes 1,2 and 3 including Ap-
pendix Chapters 3 Division IT. 4 Division I,
12 Division n, 15,.18,31 Division ill and
33 published by the International Confer-
ence of Building Officials is adopted by
reference as the building code of the city
pursuant to the provision of Section 50022.1
et seq. of the Government Code of the state
of California except as hereinafter modified
in Sections 732.110 through 7.32.420 this
chapter. (Ord. 12-95 9 6: Ord. 12-92 9 4,
Ord. 21-89 9 21.2)
.r....
.~'. '.- ".-'~ ~\
- ....
.......
7.32.040 Scope.
A. The provisions of this code shall
apply to the installation, erection, construc-
tion, enlargement, addition to, alteration,
repair, moving, removal, demolition, con-
version, occupancy, equipping, use, and
maintenance of any building or structure
within the city.
B. The permissive provision of this code
shall not be preswned to waive any limita-
tions imposed by any other law, ordinance,
rule or regulation. If two or more pertinent
limitations are not identical, . those limita-
tions shall prevail which provide greater
safety to life, health, property or public
welfare.
C. Buildings shall be made accessible to
the physically handicapped as required by
Title 24 California Code of Regulation.
'Whenever there is a conflict between any of
:}i~)
378
'31 ~ t;~
7.36.010
Sections:
7.36.010
7.36.020
7.36.030
7.36.040
7.36.050
7.36.060
7.36.070
7.36.080
7.36.090
Chapter 7.36
ELECTRICAL CODE
Title.
Purpose.
Adoption.
Scope.
Exceptions.
Additions, alterations
and repairs.
Fire alarms.
Section 210-53, Office
receptacle outlets--
Added.
Article 3364-
Amended.
7.36.010 Title.
The National Electrical Code adopted by
Section 736.030 and the provisions of this
chaper is the city electrical code and may
be cited as such and will be referred to in
the National Electrical Code and in this
chapter as "this code....(Ord. 21-89 g 31.0)
736.020 Purpose.
A The promotion and preservation of
the public health, safety, and general wel-
fare of the people of the city and the prop-
erty situated therein have made necessary
the adoption of the National E1ectric~C[)de
referred to inSectiOD 736.030 in order to
adeq~ly safeguard life, health. propeny
and general welfare.
B. The purpose _ of this code is not to
create or otherwise establish or designate
any- particular ~J.ass ~r_ group~ _ o~ _ ~r:ions
who will or should be especially protected
or benefited by the tenns of this code. (Ord.
21-89 S 31.1)
(Dublin 4-96)
7.36.030 Adoption.
The "National Electrical Code 1993:'
published by the National Frre Protection
Association, a copy of which is filed in the
office of the City Clerk, is adopted by refer-
ence as the electrical code for the city pur-
suant to the provisions of Section 50022.1
et seq. of the Government Code of the state
of California, except as hereinafter modified.
in Sections 7.36.070 and 7.36.080 of this
chapter. (Ord. 12-95 g 44: Ord. 7-91 g 1;
Ord. 21-89 g 31.2)
7.36.040 Scope.
A The provisions of this code shall
apply to the installation, erection, construc-
tion, enlargement, addition to, alteration,
repair, moving, removal demolition, conver-
sioD, use, and maintenance of any electrical
wiring, appliances, devices, equipment, and
apparatuses used for or in connection with
the transmission or use 'of electrical energy
for light, heat, power, radio, signaling com-
munication or for other purposes in any
building, strUcture, or premises within the
city. _ ___ .~_
B. The permissive provisions- ciCthis--
code shall not be presumed to waive any
limitations imposed by any other law, ordi-
nance, rule or regulation. If two (2) or more
pertinent limitations shall prevail which
provide greater safety to life, health, proper-
ty or public welfare:
. C. Electrical appliances and equipment-
shall be made accessible to the physica11y
handicapped. Whenever there is a conflict
between the provisions of this code and
Title 24 California Code of Regulation, the
provisions of Title 24 sball prevail. (Ord.
21-S9-s 31.3) --
394
,-/0 ~ y~
--
.-.'.
.. .'
.......
";{/:.
~~i~:::::~
,,:';j:.::.
.:~~\:::i~///:::~{~?~'~}j /?//~~~(~;.:;;:~~:.i(:?}<;':~~;:{;:~'~i.'~"{/~}:'~~;:;:~~t?/::t(?~~'{~}.::n~:;~}U;~D<8~[.}i?~~X;~~~.HU~~;Y~{~~)rXM~;jNj~:.f:};~{<:jT{:
.
. ,t
.
.
7.32.010
. 7.32.320'~- Section 3303.3, Chapter
33, Storage on public
property-Deleted.
7.32.330 Section 3303.4, Chapter
33, Mixing mortar on
public property-
Deleted.
7.32.340 Section 3303.5, Chapter
33, Protection of
utilJti~Deletedl
7.32.350 Section 3201, Chapter
32, General-Amended.
7.32.360 Section 3202, Chapter
32, Projection into
alleys-Deleted.
7.32.370 Section 3203, Chapter
32, Space below
sidewalks-Deleted.
7.32.380 Section 3208, Chapter
32, Signs-Addedl
7.32.390 Section 2506.4, Chapter
25, Weather~resistive
barriers-Amendedl
- 7.32.010" "Title.-. - - n_ - - - ,-.- --. -
The Uniform Building Code adopted by
Section 7.32.030 and the provisions of this
chapter is the city building code and may be
cited as such. and will be referred to in the
Uniform Building Code and in this chapter
as "this code." (Ord. 21-89 S 21.0)
732.020 Purpose.
The promotion and preservation of the
public "health. safety. and general welfare of
-the people of the city and" the property
_ situated therein have inade necessary the
adoption of the- Unifoiin .. Building Code
referred to in Section 7.32.030 in order to
adequately" safeguard life, health, property
and general weJiare. The purpose of this
code is not to create or otherwise establish
(Dublin 4--96)
or designate any particular class or groups
of persons who will or should be especially
protected or benefited by the terms of this
code. (Ord. 21-89 S 21.1)
7.32.030 Adoption.
Certain documents, a copy of which is on
file in the office of the City Clerk, being
marked as "Uniform"Building Code," 1994
Edition, Volumes 1,2 and 3 including Ap-
pendix Chapters 3 Division II, 4 Division L
12 Division II, 15, 18, 31 Division ill and
33 published by the International Confer-
ence of Building Officials is adopted by
reference as the building code of the city
pursuant to the provision of Section 50022.1
et seq. of the Government Code of the state
of California except as hereinafter rnodified
in Sections 7.32.110 through 7.32.420 this
chapter. (Ord. 12-95 S 6: Ord. 12-92 S 4,
Ord. 21-89 S 21.2)
7.32.040 Scope.
A. The provisions of this code shall
- apply to the installaticin~eiecti6ri~-construc-- -;:. ~:--
tion, enlargement:, addition to, alteration.
repair. moving, removal. demolition, con-
version. occupancy. equipping. use. and
maintenance of any building or structure
within the city.
B. The permissive provision of this code
shall not be presumed to waive any limita-
tions imposed by any other law, ordinance,
rule or regulation. If two or more pertinent
limitations are not identical, those limita-
tions shall prevail which provide greater
.. safety _to life, h~!h. _ property or public
welfare.
C. Buildings shall be made accessible to
the physically handicapped as required by
Title 24 California Code of Regulation.
Whenever there is a conflict between any of
378
E:VH; ~~D~T.~ 7
. .1.\- EU!
't./14tj~ 3 ~f€S
7.36.010
. I,.~
Chapter 7.36
ELECTRICAL CODE
Sections:
7.36.010
7.36.020
7.36.030
7.36.040
7.36.050
7.36.060
Title.
Purpose.
Adoption.
Scope.
Exceptions.
Additions, alterations
and repairs.
Fire alarms.
Section 210.53, Office
receptacle outlets-
Added.
Article 3364-
Amended.
7.36.070
7.36.080
736.090
7.36.010 Title.
The National Electrical Code adopted by
Section 7.36.030 and the provisions of this
chapter is the city electrical code and may
be cited as such and will be referred to in
the National-- Electrical Code and in_ this
chapter as ..this code." (Ord. 21-89 g 3T.U) =;:
7.36.020 Purpose.
A. The promotion and preservation of
the public health. safety, and general wel-
fare of the p~ople. ~f the~!o/ an~_ _the prop":
eIty situated~therein have made necessary
the adoption of the National Electrical Cod~
referred to in Section 7.36.030 in order to
adequately safeguard life, health, property
and general welfare.
B. The- purpose of this code is not to-
create or otherwise establish or desigilate -
any particular class or groups of persons
who will ~or' should be especially protected
or benefited by the terms of this code. (Ord.
21-89 S 31.1)
(Dublin 4-96)
~.
- 7.36.030 - . Adoption.
The "National Electrical Code 1993,"
published by the National Fire Protection
Association, a copy of which is filed in the
office of the City Clerk, is adopted by refer-
ence as the electrical code for the city pur-
suant to the provisions of Section 50022.1
et seq. of the Government Code of the state
of California, except as hereinafter modified
in Sections 7.36.070 and 7.36.080 of this
chapter. (Ord. 12-95 S 44: Ord. 7-91 g 1:
Ord. 21-89 g 31.2)
7.36.040 Scope.
A. The provisions of this code shall
apply to the installation, erection, construc-
tion, enlargement, addition to, alteration,
repair, moving, removal demolition, conver-
sion, use, and maintenance of any electrical
wiring, appliances, devices, equipment, and
apparatuses used for or in connection with
the transmission or use of, electrical energy
for light, heat, power, radio, signaling com-
munication or for other purposes in any
building, structure; or premises within the.---.,-
city. .
B. The permissive provisions of this
code shall Dot be presumed to waive any
limitations imposed by any other law, ordi-
nance, rule or regulation. If two (2) or more
perri1?ent_ _limitations shall_ prevail which
provide greater safety to life, health, proper- .
ty or public welfare.
C. Electrical appliances and equipment
shall be made accessible to the physically
handicapped. Whenever there is a conflict
between the provisions of this - code and
Title 24 California Code of Regulation, the.
provisions of Title 24 shall prevail. (Ord.
21-89 g 31.3) -
~
394
~J. ~ Lj~
t.
--
- 7.40.010
"__ 7.40.010 Titl~ .. __ _ . _
The Uniform Plumbing Code adopted by
Section 7.40.030 and the provisions of this
chapter is the city plumbing code and may
be cited as such and will be referred to in
the Uniform Plumbing Code and in this
chapter as "this code." (Ord. 21-89 ~ 41.0)
7.40.020 Purpose.
A. The promotion and preservation of
the public health, safety, and general wel-
fare of the people of the city and the prop-
erty situated therein have made necessary
the adoption of the Uniform Plumbing Code
referred to in Section 7.40.030 in order to
adequately safeguard life, health, property
and general welfare.
B. The purpose of this code is not to
create or otherwise establish or designate
any particular class or groups of persons
who will or should be especially protected
or benefited by the termS of this code. (Ord.
21-89 ~ 41.1)
__'.40.039_ " . A.dopt!~~. _ _ _ _ ..-
The "Uniform Pliunbing Code," 1994;:':
Edition, published by the International As-
sociation of Plumbing and Mechanical
Officials, including Appendix Chapters A.
B, D, E~ H and 1, and all installation stan-
dards, a copy of which is filed in the office
of the City Clerk is adopted by referenc~ as
the plUmbing code for the City..purSliant to--
the provision of Section 50022.1 et seq. of
the Government Code of the state of Cali-
fornia except as hereinafter modified in
Sections 7.40.075 through 7.40.150 of this
chapter. (Ord. 12-95 S 46: Ord._ 12-92 ~ 30:
Ord. 21-89 S 41.2)
7.40.040 Scope.
A. The provisions of this code shall
~J of '/ t
(Dublin 4-96)
---------.
I
..
.
t
.'
tit! 4 y6
EXHIBIT g
H<;~f>:;;DX~HM;;;0j;!~I;tfl}{~I~t;~tl~'fVi;;W,;i~~@(f1-;IgHf:~l{t0~~;?{f#';:-'c;Hi~~li~;i!c!;I)~tf:~k-:-jm
"-
.
Trailers over 120 square feet used as storage sheds.
.
.
Construction of six rooms on the_second_f1oor of office building with,?ut permits.
Construction of office with storage above without permits.
_ Dilapitated buildings._
Vb ~ ye
..
.
.
.