HomeMy WebLinkAbout6.3 Abate Nuisance Brighton Drive AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 28, 1991
SUBJECT: PUBLIC HEARING: ABATEMENT OF NUISANCE AT 7416 BRIGHTON DRIVE
Report by: Victor Taugher, Building Official
EXHIBITS ATTACHED: 1. Notice of Hearing dated January 15, 1991.
2 . Municipal Code Sections Referenced in
Notice of Hearing dated January 15, 1991.
3 . Draft Resolution declaring property to be
a nuisance.
4. Slides to be presented at meeting.
RECOMMENDATION: ;v1, 1) Open Public Hearing.
2) Receive Staff Presentation.
3) Receive Public Testimony.
4) Close Public Hearing.
5) Deliberate.
6) Adopt Resolution.
FINANCIAL STATEMENT: If the City abates the nuisance, costs may be
recovered from the owner. If the owner fails
to pay the costs a lien can be placed on the
property.
DESCRIPTION: This property is next to Kolb Park and the
buildings are the old Murray School District offices. The owner is
Brighton Meadows 89, a California Limited Partnership. A Tentative Tract
Map, Tract 5616, for a 17-lot subdivision has been approved. Plans for
the houses in this project have been submitted and plan checked. If the
residential development occurs the existing buildings will be removed.
Over the past year the City has had many complaints regarding the
condition of the buildings. The owners have been requested by telephone
to secure the buildings on several occasions and written requests have
been made March 29, 1990 and September 19, 1990. The owners have
attempted to secure the buildings to prevent unauthorized entry, but
these attempts have proven inadequate.
An inspection was made on January 9, 1991. Slides of the conditions
found will be shown as part of the Staff presentation.
There are five buildings on the property. All five buildings are not
secure from unauthorized entry. Doors and windows have been found open
and/or removed. Temporary plywood protective measures have been removed.
Graffiti has been painted on the exterior and throughout the interior.
Light fixtures, plumbing fixtures, wall covering and suspended ceilings
have been torn from their supports and smashed leaving debris throughout
the interior of the buildings and on the exterior. Fecal matter and used
--------------------------
ITEM N0. COPIES TO: City Attorney
Brighton Meadows 89
Commonwealth Land Title Co.
Plaza Bank of Commerce
condoms have been found on the floor. Paper wrappings and boxes for
fireworks have been found on the floor indicating that fireworks have
been used in the building.
It is the opinion of the Building Official that the buildings have been
damaged so as to become: 1) an attractive nuisance to children; 2) a
harbor for vagrants, criminals; 3) and to enable persons to resort
thereto for the purpose of committing unlawful acts as set forth in
Section 7 .28. 050 K. of the Dublin Municipal Code (DMC) .
It is the opinion of the Building Official that due to the damage to the
buildings, the building is a fire hazard as setforth in Section 7 . 28. 050
0. (DMC) .
It is the opinion of the Building Official that the condition constitutes
a public nuisance as setforth in Section 7.28. 050 P. (DMC) .
It is the opinion of the Building Official that the buildings have been
abandoned for a period of six months and are an attractive nuisance as
setforth in Section 7. 28. 050 Q. (DMC) .
It is the opinion of the Building Official that the only method to abate
the nuisance is to demolish and remove the buildings and trash from the
property. Efforts by the owners to permanently secure the buildings from
unauthorized entry have not been successful. Abatement should not impose
any particular hardship on the owners because the developer of the
property contemplates demolition and removal of the buildings.
It is recommended that the City Council find that the buildings are a
public nuisance and that the conditions cannot reasonably be repaired so
the buildings no longer exist as a nuisance. It is further recommended
the owner be ordered to abate the nuisance by demolition and removal of
the buildings. Said demolition and removal to begin in 30 days and be
completed in 45 days. If the owner fails to comply with the abatement
order, the Building Official be authorized to cause the abatement to be
completed.
If the abatement is done by the City, the costs can be recovered from the
property owner. Section 7.52 .170 through Section 7.52 .210 (DMC) (Exhibit
2) outlines the procedure to be followed in recovering costs of
abatement.
9 /
CITY OF DUBLIN
P.O. Box 2340, Dublin. California 94568 City Offices, 100 Civic Plaza. Dublin. Caliior--a 94568
NOTICE OF PUBLIC HEARING
TO CONSIDER ABATMENT OF A NUISANCE
CERTIFIED MAIL
January 15, 1991
Brighton Meadows 89,
a California Limited Partnership
c/o Norman Ho and Ben Chui
4125 Blackford Avenue, Suite 200
San Jose, CA 95117
RE: ABANDONED MURRAY SCHOOL DISTRICT OFFICE SITE - 7416 BRIGHTON DRIVE (PROPOSED
BRIGHTON MEADOWS) - TRACT 5616
This letter is directed to you as (owner) of the property at 7416 Brighton Drive,
Dublin, legally described as Parcel A of Parcel Map 5131 and designated as Book
941, Block 181, Parcel 28 by the Alameda County Assessor.
The City has received many complaints regarding your property at 7416 Brighton
Drive, Dublin, CA. You have been notified by telephone several times to secure
the buildings and property to prevent unauthorized entry, and to remove the weeds
and trash from the property. You have also been notified in writing on March 29,
1990 and September 19, 1990. Your measures to secure the building and property
have not been effective.
There are five abandoned buildings which were formerly the Murray School District
Office and maintenance shops on the property. An inspection on January 9, 1991
revealed the following conditions:
1) All five buildings are not secure from unauthorized entry. Doors & windows
have been forced open and/or removed. Temporary plywood protective measures
have been removed.
2) Graffiti has been painted on the exterior and throughout the interior.
3) Light fixtures, plumbing fixtures, wall covering, suspended ceilings have
been torn from their supports and smashed leaving debris throughout the
buildings and on the exterior.
4) Fecal matter and used condoms have been found on the floor. The paper
wrappings and boxes for fireworks have been found on the floor indicating
that fireworks have been used in the building. Further activity of this type
could result in a fire.
These conditions exist to the extent that the buildings constitute a dangerous
building as defined in Sections 7.28.050 K. ; 7.28.050 0. ; 7.28.050 P. and
7.28.050 Q. of the Dublin Municipal Code and for the purposes of abatement, your
property is a substandard property as defined in Section 7.52.020.
Administration (415) 833-6650 • City Ccuncil (4!5) 833.6605 • Finance (415) 833 6640 • Buildii EXH101,21,' 1
Code Enforcement (,1!5.1833-66-70 • Engineering (415) 833.6630 • Planning
Fcl:ce (415) 833-6670 • Put;lic V,crks (415) 833.6630 • Recreation (415) f
Brighton Meadows 89,
a California Limited Partnership
January 15, 1991
Page 2
You are hereby notified that a hearing will be held by the City Council of the
City of Dublin at 7:30 p.m. on January 28, 1991 in the City Council Chambers at
100 Civic Plaza, Dublin, CA. You may appear at this hearing to show cause why
the above substandard property should not be condemned as a nuisance and abated
by demolition and removal of the buildings and removal of all the trash and
debris from the property. Failure to appear at the hearing may be deemed as an
admission that the property is a nuisance.
Enclosed are copies of the applicable provisions of the Dublin Municipal Code.
VICTOR L. TAUGHER
BUILDING OFFICIAL
cf
Enclosure
cc: Commonwealth Land Title Company
Plaza Bank of Commerce
r lll;" ,,� I
r( —��—o �V) CITY OF DUBLIN
P.O. Box 2340. Dublin, California 94568 City Offices. 100 Civic Pla-za. Dublin. Cai.icr.-a 945-c6
NOTICE OF PUBLIC HEARING
TO CONSIDER ABATMENT OF A NUISANCE
January 15, 1991
CERTIFIED MAIL
Commonwealth Land Title Company
41 North First Street
San Jose, CA 95113
RE: ABANDONED MURRAY SCHOOL DISTRICT OFFICE SITE - 7416 BRIGHTON DRIVE (PROPOSED
BRIGHTON MEADOWS) - TRACT 5616
This letter is directed to you as (trustee of a Deed of Trust) on the property at
7416 Brighton Drive, Dublin, legally described as Parcel A of Parcel Map 5131 and
designated as Book 941, Block 181, Parcel 28 by the Alameda County Assessor.
The City has received many complaints regarding the property at 7416 Brighton
Drive, Dublin, CA. The owner has been notified by telephone several times to
secure the buildings and property to prevent unauthorized entry, and to remove
the weeds and trash from the property. The owner was also notified in writing on
March 29, 1990 and September 19, 1990. Measures to secure the building and
property have not been effective.
There are five abandoned buildings which were formerly the Murray School District
Office and maintenance shops on the property. An inspection on January 9, 1991
revealed the following conditions:
1) All five buildings are not secure from unauthorized entry. Doors & windows
have been forced open and/or removed. Temporary plywood protective measures
have been removed.
2) Graffiti has been painted on the exterior and throughout the interior.
3) Light fixtures, plumbing fixtures, wall covering, suspended ceilings have
been torn from their supports and smashed leaving debris throughout the
buildings and on the exterior.
4) Fecal matter and used condoms have been found on the floor. The paper
wrappings and boxes for fireworks have been found on the floor indicating
that fireworks have been used in the building. Further activity of this type
could result in a fire.
These conditions exist to the extent that the buildings constitute a dangerous
building as defined in Sections 7.28.050 K. ; 7.28.050 0. ; 7 .28.050 P. and
7 .28.050 Q. of the Dublin Municipal Code and for the purposes of abatement, the
property is a substandard property as defined in Section 7.52.020.
Administration (415) 833.6650 • City Council (415) 833.6605 • Finance (415) 833-6640 • Building Inspection (415) 833-6620
Code Enforcerneni (415) 833-6620 • Engineering (415) 833.6630 • Planning (415) 833-6610
Police (•115) 833.6670 • Public Works (415) 833-6630 • Recreation (415) 833.66-15
Commonwealth Land Title Company
January 15, 1991
Page 2
You are hereby notified that a hearing will be held by the City Council of the
City of Dublin at 7:30 p.m. on January 28, 1991 in the City Council Chambers at
100 Civic Plaza, Dublin, CA. You may appear at this hearing to show cause why
the above substandard property should not be condemned as a nuisance and abated
by demolition and removal of the buildings and removal of all the trash and
debris from the property. Failure to appear at the hearing may be deemed as an
admission that the property is a nuisance.
Enclosed are copies of the applicable provisions of the Dublin Municipal Code.
VICTOR L. TAUGHER
BUILDING OFFICIAL
cf
Enclosure
cc: Brighton Meadows 89,
a California Limited Partnership
Plaza Bank of Commerce
ll!%
CITY OF DUBLIN
l --- _....._.........
------- --- ----------
P.O. Box 2340, Dublin, California 94568 City Offices, 100 Civic Plaza. Dublin, Californ 94568
a
NOTICE OF PUBLIC HEARING
TO CONSIDER ABATMENT OF A NUISANCE
CERTIFIED MAIL
January 15, 1991
Plaza Bank of Commerce
c/o R/E Department
P. 0. Box 2249
San Jose, CA 95109
RE: ABANDONED MURRAY SCHOOL DISTRICT OFFICE SITE - 7416 BRIGHTON DRIVE (PROPOSED
BRIGHTON MEADOWS) - TRACT 5616
This letter is directed to you as (beneficiary of a Deed of Trust) on the
property at 7416 Brighton Drive, Dublin, legally described as Parcel A of Parcel
Map 5131 and designated as Book 941, Block 181, Parcel 28 by the Alameda County
Assessor.
The City has received many complaints regarding the property at 7416 Brighton
Drive, Dublin, CA. The owner has been notified by telephone several times to
secure the buildings and property to prevent unauthorized entry, and to remove
the weeds and trash from the property. The owner was also notified in writing on
March 29, 1990 and September 19, 1990. Measures to secure the building and
property have not been effective.
There are five abandoned buildings which were formerly the Murray School District
Office and maintenance shops on the property. An inspection on January 9 , 1991
revealed the following conditions:
1) All five buildings are not secure from unauthorized entry. Doors & windows
have been forced open and/or removed. Temporary plywood protective measures
have been removed.
2) Graffiti has been painted on the exterior and throughout the interior.
3) Light fixtures, plumbing fixtures, wall covering, suspended ceilings have
been torn from their supports and smashed leaving debris throughout the
buildings and on the exterior.
4) Fecal matter and used condoms have been found on the floor. The paper
wrappings and boxes for fireworks have been found on the floor indicating
that fireworks have been used in the building. Further activity of this type
could result in a fire.
These conditions exist to the extent that the buildings constitute a dangerous
building as defined in Sections 7.28.050 K. ; 7.28.050 0. ; 7.28.050 P. and
7.28.050 Q. of the Dublin Municipal Code and for the purposes of abatement, the
property is a substandard property as defined in Section 7.52.020.
Administration (415) 833.6650 • City Council (415) 633-6605 • Finance (415) 633.6640 • Building Inspection (415) 833.6620
Code Enforcement (415) 833.6620 Engineering (415) 833.6630 • Planning (415) 833.6610
Police (415) 833.6670 • Public Works (415) 833.6630 • Recreation (415) 833.6645
/
Plaza Bank of Commerce
January 15 ' 1991
Page 2
You are hereby notified that a hearing will be bald by the City Council of the
City of Dublin at 7:30 p.m. on January 28, I991 in the City Council Chambers at
100 Civic Pluza, Dublin, CA. You may appear at this hearing to show cause why
the above substandard property should not be condemned as a nuisance and abated
by demolition and removal of the buildings and removal of all the trash and
.
debris from the property. Failure to appear at the hearing may be deemed as an
'
admission that the property is a nuisance.
Enclosed are copies of the applicable provisions of the Dublin Municipal Code.
VICTOR L. IADG8ER
BUILDING OFFICIAL
cz
Enclosure
cc: Brighton Meadows 89.
a California Limited Partnership
Commonwealth Land Title Company
` '
�¢.A
7.52.010 {fir
ti^yy
Chapter 7.52 7.52.200 Collection of
assessment.
ABATEMENT OF NUISANCES 7.52.210 Alternative collection
procedure.;
Sections: x
Article I. General Provisions
Article I. General Provisions N;
7.52.010 Purpose.
7.52.020 Definitions. 7.52.010 Purpose.
7.52.030 Enforcement Official It is the purpose of the provisions of
designated. this chapter to develop an equitable and
7.52.040 Hearing Officer practicable alternative method, to be
designated. cumulative with and in addition to, any
7.52.050 Right of entry. other remedy available at law, whereby `?
substandard property which endangersdr•
Article II. Enforcement Procedures the health, property, safety, or welfare of Ywas'
7.52.060 Determination of the public or its occupants, may be
Enforcement Official. required to be abated. (Ord. 21-89§71.0) !f
7.52.070 Informal notice.
7.52.080 Order of Enforcement
7.52.020 Definitions. .,
Official. ��``f
O
For the purposes of this chapter, the ; '
7.52.090 Service of notice. words set out in this section shall have the
7.52.100 Declaration of �Y ,
following meanings:.
substandard roe
P P rtY• "Abatement"means and includes,but
7.52.110 Hearin
g is not limited to, demolition, removal.
7.52.120 Standards for
repair, vacation maintenance construc-
abatement. tion, replacement, reconditioning of
7.52.130 Order of Hearin 'A"I
Hearing structures, buildings, appliances or �,.y;sj,,
Officer.
equipment;and to the correction or elim-
7.52.140 Work by private party or ination of anv substandard condition
agency. upon substandard property.
y. '
7.52.150 Penalties.'
"Clerk," unless otherwise specified. : .
7.52.160 Abatement fund.
means the City Clerk of the city of
Dublin. fa�s4
Article III. Abatement in Event of "Demolish" or "demolition" means
;nab+
Owner Default and includes the removal of the resulting
7.52.170 Report of costs of debris from such demolition and the pro- :%rt
abatement. tection by filling of excavations exposed
7.52.180 Report transmitted to by such demolition and abandonment ofy
City Council. sewer or other waste disposal facilities as
7.52.190 Protest and objection— may be required by this chapter or other
Procedure. laws.
416
EX-e H I k' '
k fii - •.
7.52.020
"Party concerned" means the person, A. The Building Official for matters
' n if any in real or apparent charge and con- regulated in Chapters 7.32, 7.36, 7.40,
trol of the substandard property, the 7.44 and 7.48 except as set forth in sub-
1�, r,
f, � record owner, the holder of any wort- section B of this section;
gage, trust deed or other lien or B. The Alameda County. Health
encumbrance of record the owner or Officer for matters pertaining to private
P g P e
holder of any lease of record, the record water supplies, private sewage disposal
holder of any other estate or interest in or systems, infestation of insects, vermin or
to such property. As used in this subsec- rodents, storage and removal of garbage,
tion all reference to record means mat- sanitation of bedding;
{V "" ters of record in the office of the County C. The Director of Public Works for
:t•4�{d ,fir.
+ i' Recorder of the county of Alameda matters regulated in Chapter 7.16. (Ord.
at which definitely and specifically 21-89 § 71.6)
describes the premises involved.
+, ?. "Substandard conditions" mean and 7.52.040 Hearing Officer
Vii', include, but are not limited to, the fol- designated.
The Hearing Officer authorized to
>r � lowing:
k " Via, f.,,' A. An existing building, structure, conduct hearings under this chapter or
his designee shall be as follows:
electrical, plumbing or mechanical g
installation or portion thereof which is A. The Alameda County Health
dangerous as defined in Sections Officer in proceedings initiated by the
7.28.050 through 7.28.080 which is sub- Director of the Environmental Health
standard as defined in Section 7.28.090, Division;
B. The City Council in proceedings or which is illegal as defined in Section y p
7.28.100; initiated by the Building Official or
B. The existence of any other condi- Director of Public Works. (Ord. 21-89 §
tion to an extent that endangers the life, 71.7)
+�L
t�l ) limb, health, property, safety, or welfare
7.52.050 Right of entry.
t t of any person.
t "Substandard property" means and Whenever necessary to make an
; r
4 >>w�, , ' includes any building, structure or land inspection to enforce any of the provi-
sions of this code or whenever the
upon which substandard conditions
Enforcement Official or Hearin Officer
exist. (Ord. 21-89§§ 71.1, 71.2, 71.3, 71.4, g
has reasonable cause to believe that a
t tr; :s 71.5, 71.9)
violation of this Ordinance exists in any
building or any premises, or there exists
^' 7.52.030 Enforcement Official in any building or upon any premises any
designated. condition which makes the building or
' The Enforcement Official or his premises dangerous, substandard,
designee shall be the person authorized to
unsanitary, health or
g P ary, or a menace to life,
".. administer the provision of this chapter property, he may enter such building or
shall be as follows: premises at all reasonable times 4o
Y
417
7.52.050
+Fy1X'.
inspect the same or to perform any duty he deems should be so notified,informs_
imposed upon him by law, ordinance, tion concerning the provisions of this
rule, or regulation; provided that if such chapter, any violation thereof, how the it
building or premises is occupied,he shall person notified may comply and any '>
first present proper credentials and other information as he deems expedi-
ent. He may post such information on ' ? '
demand entry. If such entry is refused, Y .•,,;,,.�__,..
the Enforcement Official shall have the substandard property. (Ord. 21-89 §
recourse to every remedy provided by 72.1)
law to secure entry, specifically as pro- t
vided in Code of Civil Procedure Sec- 7.52.080 Order of Enforcement
Official. 5, '
tions 1822.50 et seq. (Ord. 21-89 § 71.8) °t
A. If, in the opinion of the Enforce-
ment Official,the property is found to be ' "'' '
• y�({V�Yn.
Article II. Enforcement Procedures ``i
'
substandard, the Enforcement Official
may give to the party concerned writtent
7.52.060 .4,, •:•.,;;.
Determination of
notice thereof;
Enforcement Official. B. The notice shall set forth the streets
Whenever the Enforcement Official ""?.
address and a legal description or the � �,�° �•»,a�•
determines by inspection that any exist- , rky
County Assessor's designation of the
ing building or portion thereof,or an lot
Y premises,contain a concise but complete
or other premises, is substandard P rop-
description of the facts constituting the
ert , as defined in this chapter, such public nuisance with reference tohL'
building or premises, or both, are hereby applicable Code sections; and the pro-
declared a public nuisance, and the
posed method of abatement;
Enforcement Official may order the C. The notice may require the owner �,�
abatement of the nuisance by demoli-
ubstandard
or person in charge of the s
tion, repair or rehabilitation of the sub- property to complete the required abate-
standard building ortion thereof or at
g ment of the substandard conditions
the option of the party concerned by within thirty(30)days,or such other time
limit as the Enforcement Official may
demolition thereof. The order also may
require that the building be vacated. If stipulate;and shall direct them to apps ; ;
the premises are substandard the before the Hearing Officer at a statedY` ` � `.
Enforcement Official also may order that time and place and show cause why such i� y� .
} c
the substandard conditions be substandard property should not be con-
removed.(Ord. 21-89 § 72.0) demned as a nuisance and said nuisance
be abated as herein provided;
7.52.070 Informal notice. D. The notice shall advise the owma
When the Enforcement Official has so or person in charge or control of the
found, in addition to any notices here- building, structure or premises, and all ;�i,•t ,,
after required by this chapter, he may interested persons, that failure to aPPW
give to the occupants of the substandard at the hearin ma be deemed an admu-
and to an other person whom sion by him of he acts or omissions
property, a y P
418
_�� � �•
f,.
kj
v
°i 7.52.080
�r
k,
rvti charged in the notice, and that the Hear- The failure of any owner or other person
ing Officer may order abatement solely to receive mailed notice shall not affect in
based upon the notice and the admission any manner the validity of any proceed-
''' of the content thereof; or ings taken hereunder. An affidavit of
Ali E. EXCEPTION: whenever substan- service shall be filed,together with a copy
dard property or portion thereof con- of the notice, in the proceedings certify-
�'`. stitutes an immediate hazard to health or ing the time and manner in which such
property, and in the opinion of the notice was served.
Enforcement Official the conditions are C. The notice of hearing shall be
such that repairs or demolition or other
#1` work necessary to abate the hazard must Posted and served at least five (5) days
4 . prior to the date set for hearing. (Ord.
be undertaken sooner than provided by
�. _ 21-89 § 72.3)
the procedures set forth in this chapter,
a ' ° he may make such alterations or repairs,
or cause such other work to be done to 7.52.100 Declaration of substandard
the extent necessary to abate the substan- property.
a . dard condition and protect health or The Enforcement Official may file
property, after giving such notice to the with the County Recorder a declaration
parties concerned as the circumstances that substandard property has been
�., will permit or without any notice what- inspected and found to be such, as
ever, when, in his opinion, immediate defined in this chapter, and that all par-
e f;f
action is necessary. (Ord. 21-89 § 72.2) ties concerned have been or will be noti-
? fled.After the Enforcement Official finds
7.52.090 Service of notice. that the public nuisance has been abated
..��
A. A copy of the notice shall be posted and that such abatement has been
in a conspicuous place upon the building accomplished at no cost to the city, or
. -, or structure or otherwise on the substan- that such costs have been placed upon the
dard property which is the subject of the tax rolls as a special assessment pursuant
�,. proceeding. to Section 25845 of the Government
l�.
B. Service of the notice upon the party
� . Code, or when the Enforcement Offi-
'. concerned shall be by personal service, cial's jurisdiction has been pre-empted
►f',, .J;
by registered or certified mail. Service by
r by government acquisition of the prop-
mail shall be effective on the date of mail-
erty, he shall record in the office of the
N ing, postage prepaid and return receipt County Recorder a document terminat-
a : ,
v requested,to each person at his address as in the above declaration. (Ord. 21-89
g §
it appears on the last equalized assess-
72-4)ment roll, or as known to the. Enforce-
,.
x'41 i' ment Official. If no such address so
appears, or is not so know, than the 7.52.110 Hearing.
notice shall be mailed to such person at The Hearing Officer shall conduct the
the address of the building, structure, or abatement hearing subject to the follow-
,. premises involved in the proceedings. ing:
419
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a:'
U.W7ySei!)MliihN1A..14Yf.Wi;St'CA YM60.l:Atrt:ULLuY.4•f.u.:.•:s.::i`.�.•.+Sw.:t:,N...w.0
7.52.110
A. The Enforcement Official shall H. Any judicial action to modify or
present competent evidence that the sub- set aside the final decisions shall be com-
ject property falls within the definition of menced no later than thirty days after the
public nuisance;as to the method reason- completion and exhaustion of the forego-
ably to correct the nuisance; and as to ing administrative procedures. (Ord.
such other matters deemed pertinent by 21-89 § 72.5)
the Hearing Officer.
B. The parties to the abatement hear- 7.52.120 Standards for abatement.
The following standards shall be lot-
ing shall be entitled to be represented by lowed in substance by the Hearing
counsel. Officer in determining what,if any,form,
C. The hearing shall be conducted in of abatement shall be ordered:
an impartial and informal manner in :yM
A. Any order to demolish may initiate
order to encourage free and open discus-
an alternative permission to repair and
Sion by participants. an order to repair may be satisfied by
D. All testimony shall be submitted demolition;
"
under oath or affirmation and shall be B. If the condition can be reasonably
subject to cross-examination.
J repaired so that it will no longer exist in
E. The Hearing Officer shall not be violation of this chapter, it shall be
bound by the rules of evidence applicable ordered repaired; ff'
in judicial proceedings. C. If the condition renders the build-
F. The proceedings at the hearing ing or structure dangerous to the health,
shall be reported by a phonographic safety or general welfare of its occupants,
reporter or otherwise perpetuated b it shall be ordered vacated;
P P rP Y
D. In an case where a dangerous
electronic means; or in lieu thereof ste- Y g
building or structure is more than fifty - ``;Yt:•
nographic notes may be taken and the g �.
substance thereof subsequently tran- percent (50%) damaged, or decayed or a 4
deteriorated, it may be demolished'.
E. In all cases where a substandard
G. The decision of the Health Officer
acting as the Hearing Officer shall be in condition cannot reasonably be repaired
yf
writing and shall be final. However, the so that it will no longer exist in violation
of this chapter, it may be demolished or �,:.•:
aggrieved party may appeal such deci- ,4,t .
removed. (Ord. 21-89 § 72.6)
sions, by filing a written notice of appeal
with the Hearing Officer within five (5)
7.52.130 Order of Hearing Officer. , Q:
days after service of the order of abate- ; F>`
A. Within thirty (30) days after the
ment pursuant to Section 7.52.090. The conclusion of the hearing the Hearing
appeal shall be heard b the City Council _"'"`
PP Y Y Officer shall render his decision, either �.� •;:.
which may affirm, amend or reverse the j"
terminating the proceedings, or if e a r =
decision or take other action deemed erty is a
Finds that the substandard prop n .�#
appropriate. The decision of the City public nuisance, ordering that it be
Council acting as Hearing Officer is final. abated.
420 <'�¢
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R. 7r fA�S'�'" ; SF � '�4 .4 i„.:.;..
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1.
55�
I�
7.52.130
Jti
B. The order of abatement shall set B. If the order ofthe Hearing Officer is
iT�•
L;Y forth the street address of the substan- not complied with within the period des-
r ., lard property and a legal description of ignated, the Enforcement Official may
the premises sufficient for identification. then demolish the substandard building
' It shall contain a statement of the panic- or portions thereof, or may cause such
` ulars of the conditions which render the other work to be done to the extend nec-
` building, structure or premises a public essary to eliminate the hazard upon the
ra:
nuisance, and a statement of the work substandard property and other substan-
required to abate the nuisance. Refer- dard conditions determined to exist by
,y ence may be made to the notice of hear- Hearing Officer.
ing for such statement of particulars with C. When in the opinion of the
Y
Enforcement Official substandard prop-
an appropriate modification thereof. erty or portion thereof is an immediate
C. The order shall specify the dates to
y hazard to health or property, and the
commence and complete the work of
abatement of such hazard requires
' abatement.
fd ; , r n
comm prompt action, the Enforcement Official
D. The time to commence o com-
e may then abate the substandard condi-
plete the work may be extended for good
tion or may cause such other work to be
` . ✓ cause upon written application. done to the extent necessary to eliminate
E. A copy of the order of abatement the hazard as
provided in Section
shall be posted in a conspicuous place 7.52.080 E and without amendment to upon the building or structure or other- the order of abatement.
p wise upon the substandard property;and D. The Enforcement Official may
4, , ;rr;. shall be served in the manner prescribed cause the material of any building or
Ur ,�ti.
,,rw for the service of notice of hearing. (Ord. structure ordered to be demolished to be
89-
21 72.7
§ ) sold. The sale shall include stipulations
that the building or structure be forth-
�`, t ;; 752.140 Work by private party or with demolished, the wreckage, and
§i debris removed and the lot cleaned. The
agency. Enforcement Official may sell any such
A. Any person having the legal right building°Aa g or otherwise, as he may
to do so may repair or demolish asub- deem appropriate in order to insure that
Iir }�'(,' standard building or do any other work the consideration obtained from one or
fs�1
x required to remove the substandard con-
q., " more building shall be adequate to a
g q pay
�u, , , ?.; ditions at any time prior to the time when
V,r, ,; the cost of demolition and cleaning the
the Enforcement Official does so, but if
site. Any surplus from the sale of any such person does such work after the
time specified in the last order of the such building or structure, or group of
I' .
p buildings or structures, over and above
Hearin Officer, y the cost of demolition and cleaning the
r, g all costs incurred b the
city in preparation for the doing of such site shall be distributed to persons law-
;„ work are chargeable to the property and
fully entitled thereto.Any work of abate-
. shall be collected as hereinafter provided. ment performed by the Enforcement
421
k
rv,t,
7.5 2.140
Official shall be accomplished in accord- 7.52.160 Abatement fund.
5
ance with appropriate procedures A. The City Council may set up a spe. =v`t`
applicable to the city. (Ord. 21-89 §72.8) cial revolving und to be designated
8 g as the
abatement fund.
B. The City Council may at any time
7.52.150 Penalties.
transfer to such special fund, out of a w
A. A person shall not obstruct, nv
>rt .
money in the general fund of the city, . .Mz�Fft ,
impede, or interfere with the Enforce- ;4
;.
such sums as it may deem necessary in
ment Official or his representative or
order to expedite the performance of the
with any person who owns or holds any
interest or estate in a substandard build- work of abatement,and the sum so trans.
ferred shall be deemed a loan to said spe-
ing or substandard property which has
cial fund and shall be repaid out of the
been ordered by the Hearing Officer to be
proceeds of the assessment. All funds so
abated or which is abated under Section },
7.52.080 E, whenever the Enforcement collected under the assessment proceed• ,,,.>f
ings shall be paid when collected to the
Official or such owner is engaged in bar-
ricading, repairing, vacating and repair-
City Clerk who shall place the same in the
abatement fund. (Ord. 21-89 § 72.10) 7+ ;.
ing, or demolishing any such
substandard building or removing anyvir; `
substandard conditions from substan- Article III. Abatement in Event of
dard property pursuant to this chapter,or Owner Default
in the performance of any necessary act
preliminary to or incidental to such
V,
7.52.170 Report of costs of :}'''
work, or authorized or directed pursuant `
.;' 4
abatement.
hereto. Any violation thereof is a misde- The appropriate Enforcement Official
meanor. :'
B. If the owner or person in control of under Section 7.52.040 shall keep an
the substandard property shall fail, itemized account of the next expense
involved in the abatement of any build- }"
neglect, or refuse to comply with any
order of the Hearing Officer, he shall be ing or structure under Section 7.52.120.
guilty of a misdemeanor. � Upon completion of the abatement, the
C. The occupant or lessee in posses- Enforcement Official shall prepare and
File with the clerk, a report specifying the '''>'=
sion or other person in control of a sub-
standard building, who fails to vacate work done, the cost of the work, a
description of the real .property upon :.
said building in accordance with any
order of abatement is issued by the which the building or structure was or is
Enforcement Official or Hearing Officer,
the names and addresses of the
shall be guilty of a misdemeanor. person entitled to notice pursuant to Sec'
D. Any person who removes any tion 7.52.080,and the assessment against
notice or order posted as required or per- each lot or parcel proposed to be levied to
mitted by this chapter shall be guilty of a pay the cost of abatement thereof. (Ord.
misdemeanor. (Ord. 21-89 § 72.9) 21-89 § 73.0)
422
k
7.52.180
7.52.180 Report transmitted to City 7.52.200 Collection of assessment.
Council. The assessment shall be collected in
n:
Upon receipt of the report, the Clerk the following manner:
(`. shall,within ten(10)days, put the report A. A copy of the report and assess-
' on the agenda for consideration by the went, as confirmed, shall be turned over
City.Council. The City Council shall to the Alameda County Auditor on or
cause notice of the cost of abatement to before the tenth day of August following
` be given to those persons entitled under such confirmation, and the auditor shall
yt. Section 7.52.080. Such notice shall spec- enter the amounts of the respective
,y d
ify the day,hour and place where the City assessments against the respective parcels
a Council will hear any objections or pro- of land as they appear on the current
tests which may be raised by any person assessment roll.
r ,.
liable to be assessed for the cost of abate- B. The Alameda County Tax Collec-
went and any other interested person, for shall include the amount of the assess-
and pass upon the report of the Enforce- ment on bills for taxes levied against the
A., ment Official. Notice of hearing shall be respective lots and parcels of land.
. .�,.•..
published at least ten (10) days prior to C. Thereafter the amounts of assess-
the date of hearing in a newspaper of menu shall be collected at the same time
f" general circulation with the county and and in the same manner as county taxes
12,
which circulates in the area within which are collected,and are subject to the same
is located the building or structure in procedure and sale in case of delinquency
y7k', question. (Ord. 21-89 § 73.1) as provided for ordinary county taxes.
D. All laws applicable to the levy, col-
lection and enforcement of county taxes
5` . ., 7.52.190 Protest and
objection- are applicable to such special assessment
1" s ` ' Procedure.
i`
Any person to whom notice of hearing taxes. (Ord. 21-89 § 73.4)
..,.
"�r��-. ,�i;, was sent and any person interested and
1? affected by the proposed assessment may 7.52.210 Alternative collection
i�;
file written protests or objections with the procedure.
A, '� Clerk at any time prior to the date set for Notwithstanding the provisions of
the hearing on the report to the City Section 7.52.200 and in lieu thereof, in
Council. Each such protest or objection the event of nonpayment of assessment,
{r '` must contain the address of the protestor the City Council may,at any time within
or objector and a description of the prop- 60 days after its decision on the report
Y P
F`tf erty in which the signor thereof is inter- and assessment cause to be filed in the
ested and the grounds of such protest and office of the County Recorder a notice of
objections.The Clerk shall endorse upon lien against said properties of the con-
eve
ry such protest or objection the date it firmed assessment upon the following
,id.•Y. ' ; ' was received by him and shall present conditions:
him to the City Council at the time set for A. From and after the recording of
hearing. (Ord. 21-89 § 73.2) said notice of lien, all persons shall be
423
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4
F C t
r
i,
7.52.210 `x�� '
a �' u
deemed to have had notice of the con- and on the first day f each month su w` D
Y fie.
...:fait•.,`. ';: ..
tents thereof. The statutes of limitations quent to the date of delinquency.The lies .'>ti•;: - ''
shall not run against the right of the shall continue until the amount thereof is
enforcement agency to enforce the pay- paid or until it is discharged of record.
ment of such lien. C. If the sum assessed is not paid
B. All such assessments remaining within 30 days after the day of recording1
unpaid after thirty (30) days from the of such notice of lien, the City Council
date of recording of said lien shall may direct the City Attorney to bring an
become delinquent and bear interest at action, in the name of the county, to
the rate of one percent (1%) per month foreclose the lien of assessment. (Ord. ` 4
F r
computed upon the date of delinquency 21-89 § 73.5)
A
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
------------------------------------------------------------------
ORDER TO ABATE A NUISANCE AT
7416 BRIGHTON DRIVE, DUBLIN
WHEREAS, It has come to the attention of the City of
Dublin that there are 5 abandoned buildings on the property at
7416 Brighton Drive, Dublin, California, legally described as
Parcel A, Parcel Map 5131, Assessors designation 941-181-28 and;
WHEREAS, the City Council did hold a public hearing on
this matter on January 28, 1991; and
WHEREAS, the City Council finds the buildings have
become an attractive nuisance to children; a harbor for vagrants
or criminals and enables persons to resort thereto for the purpose
of committing unlawful acts; and
WHEREAS, the buildings are a fire hazard; and
WHEREAS, the buildings constitute a public nuisance as
defined in Section 3479 and 3480 of the Civil Code; and
WHEREAS, the buildings have been abandoned for a period
of more than 6 months; and
NOW, THEREFORE, BE IT RESOLVED that Brighton Meadows 89,
a California Limited Partnership is hereby ordered to abate the
nuisance by demolishing and removing the buildings and by removing
all of the trash and debris on the premises.
BE IT FURTHER RESOLVED that abatement shall commence on
February 27, 1991 and be completed by March 14, 1991.
BE IT FURTHER RESOLVED that if said abatement is not
completed by March 14, 1991, the Building Official and his
designated agents are hereby authorized and directed to enter the
premises with or without permission to perform all necessary work
in order to complete the abatement.
BE IT FUTHER RESOLVED that the owner is hereby notified
that in the event the Building Offical and his designated agents
perform the abatement, the owner shall be responsible for seeing
to the safety and security of any personal property prior to
commencement of abatement.
)pf
11. `` ,
PASSED, APPROVED AND ADOPTED this 28th day of January
1991.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk