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Home My WebLink About6.4 Abatement of Zoning Violations Ordinance 4-50 —.2-o CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE : April 23 , 1984 . SUBJECT Ordinance Providing for Abatement of Zoning Violations EXHIBITS ATTACHED Draft Ordinance RECOMMENDATION � t 1 . Hear Staff Report �,. / 2 . Open Public Hearing L6 3 . Take Public Testimony 4 . Close Public Hearing 5 . Waive Second Reading and Adopt Ordinance FINANCIAL STATEMENT: This amendment would result in a cost savings to the City during the abatement process . DESCRIPTION Section 8-106 . 3 of the Alameda County Zoning Ordinance as adopted by the City of Dublin provides that the District Attorney, on order of the Board of Supervisors shall institute proceedings for abatement of violations of the zoning ordinance . Section 8-106 . 4 through 8-106 . 8 add provisions which allow recovering all costs of abatement from property owner. These provisions are authorized by Section 38773 of the Government Code, which authorizes the legislative body to abate any nuisance and by ordinance make the expense of abatement a lien against the property, and a personal obligation against the property owner. This ordinance was introduced at the April 9, 1984 meeting. There was no comments from the public at the public hearing. ---------------------------------------------------------------- �f COPIES TO: ITEM NO. �• 7' 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ARTICLE 9 OF PART I OF CHAPTER 2 OF TITLE 8 AND RELATING TO ZONING ENFORCEMENT THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. AMENDMENTS (a) Section 8-106 .3 of Article 9 , Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended to read as follows: " Section 8-106 .3 . DUTY OF CITY ATTORNEY. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to this Chapter or any use of any land, building or premises established, conducted, operated or maintained contrary to this Chapter is unlawful and is hereby declared to be a public nuisance and the City Attorney of the City shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoin thereof in the manner provided by law and shall take such other steps and shall apply to the court or courts as may have jurisdiction to grant the relief which will abate and remove the building or structures, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, or maintaining or using the building or structure or any property contrary to the provisions of this Chapter. " (b) Section 8-106 .4 is added to Article 9 , Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin to read as follows: " Section 8-106 .4 . ATTORNEYS FEES AND LEGAL COSTS A LIEN. In the event that the City commences an action in court for the relief set forth in the preceding paragraph (a) , the attorneys' fees and court costs incurred by the City in the prosecution of such an action shall become 4 a lien against the property on which said nuisance is maintained. " (c) Section 8-106 .5 is added to Article 9 , Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin to read as follows: " Section 8-106 .5 . NOTICE OF ASSESSMENT HEARING. Upon the filing of the report of the Building Official regarding attorneys' fees and court costs, the City Clerk shall, by resolution, fix a time, date and place when it will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for attorneys' fees and court costs and any other interested persons. At least ten (10) days before the date set for the hearing, the Building Official shall cause copies of his report and notice of the filing of his report and of the time, place and date when the Council will hear and pass on the report, any protests or objections thereto, to be posted and served in the manner and upon the property owner, tenant or other interested party. " (d) Section 8-106 .6 is added to Article 9 , Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin to read as follows : " Section 8-106 .6 . ASSESSMENT HEARING. Any person interested in or affected by the proposed assessment may file written protests or objections with the City Clerk at any time prior to the hour set for the hearing on the report of the Building Official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of each protest or objection. Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the Building Official, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the attorneys' fees and court -2- costs, and any other interested persons. The Council may make such revisions, correctons, or modifications of the report as it may deem just, and the report as submitted or as revised, corrected or modified, together with the assessment shall be confirmed by resolution. The decision 6f the Council on the report and the assessment and all protests or objections thereto shall be final and conclusive. " (e) Section 8-106 .7 is added to Article 9 , Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin to read as follows: " Section 8-106 .7 . ASSESSMENT OF ATTORNEYS' FEES AND COSTS AGAINST PROPERTY: LIEN. The attorneys ' fees and court costs, as confirmed by the Council, shall constitute a special assessment against the property involved, and as thus made and confirmed shall constitute a lien on said property for the amount of such assessment until paid. Such lien shall , for all purposes, be upon a parity with the lien of State, County and City taxes. " (f) Section 8-106 .8 is added to Article 9 , Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin to read as follows: Section 8-106 . 8 . COLLECTION. On or before August 10 of the year in which a special assessment is confirmed by the Council , the City Clerk shall cause a certified copy of said special assessment to be filed with the County Assessor and County Tax Collector. The description of the parcel reported shall be that used for the same parcel on the County Assessor ' s map books for the current year. The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws and ordinances applicable to -3- the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment. " Section 2 . POSTING OF ORDINANCE The City Clerk of the 'City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. _ PASSED AND ADOPTED by the City Council of the City of Dublin on this 23rd day of April , 1984 , by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -4-