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Home My WebLink About8.7 ModifZnOrdEnforcmtPlcy . AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 1997 'I.>> .~ SUBJECT: Modifications to Zoning Ordinance Enforcement Policy (Political Signs) (Report prepared by Eddie Peabody, Jr., Community Development Director) EXHIBITS ATTACHED: 1) 2) Revised Resolution of Zoning Ordinance Enforcement Policy Excerpt from Sign Regulations Chapter 8.84 (Temporary Political Signs pp 84-26) RECOMMENDATION: 1) 1,;.J<" 2) Hear Staff presentation Adopt Resolution, including temporary political signs as enforced without a complaint FINANCIAL STATEMENT: Minimal extra staff time DESCRIPTION: . On August 19, 1997, the City Council adopted a new Zoning Ordinance and Enforcement Policy (Resolution 104-97) that established complaint/discretionary enforcement of various zoning ordinance violations. The City Council requested at that meeting that staff return with recommendations regarding possible priority changes regarding Temporary Political Signs and Temporary off-site outdoor sales operations. If Council wishes staff to make the removal of temporary political signs a top priority, it is recommended that the Council amend the Zoning Ordinance Enforcement Policy to enable staff to take action regarding political signs withQut a complaint. RECOMMENDATION: Staff recommends adoption of the revised resolution. ,'. COPIES TO: ITEM NOo. ~f) 7 R g:agenda/97/enforcmt ~ . . . .00-:.,. ". . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********************** ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE; AND RESCINDING RESOLUTION 104-97. WHEREAS, on August 19, 1997, the City Council of the City of Dublin did adopt Resolution 104-97 establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations, and WHEREAS, Resolution 104-97 identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law are already covered in City Ordinances and applicable sections of the State Law, however, this resolution provides additional clarification of enforcement provisions; and WHEREAS, the City Council is desirous of revising the Enforcement Policy for Zoning, Building, Housing and Property Maintenance Ordinance Violations; and WHEREAS, the City Council desires that certain enforcement issues be enforced without a complaint and that others be enforced on a complaint basis only; and WHEREAS, it is necessary to rescind Resolution No. 104-97 for minor amendments and adopt a new resolution. NOW THEREFORE BE IT RESOLVED: the City Council does hereby adopt the "Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance", attached hereto and identified as Attachment 1. BE IT FURTHER RESOLVED: the City Council does hereby rescind Resolution No. 104-97. BE IT FURTHER RESOLVED: the City Council does hereby direct Staff to provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issues reg~rding the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by citations and fees. PASSED, APPROVED AND ADOPTED this 7th day of October, 1997. AYES: NOES: . ABSENT: Mayor ATTEST: City Clerk g:agendal97/enforcmt EXHIBIT 1 ,- Attachment "1" ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE . This procedure is to be followed in investigating complaints about and enforcing possible violations of the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance. THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS: 1. Home Occupations. 2. Sheds visible over fences and walls. 3. Sign Regulations with the exception of A-frame signs, and Banner Signs without a permit. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT: 1. Building work actually observed to be under construction without permits. 2. Violations observed on property where the inspector has a legitimate reason to be on the property, such as a routine follow-up on a Variance or Conditional Use Permit, or when inspecting construction under a permit. 3. Conditions brought to the attention of the City in any manner which involve public health and safety. . 4. A-frame signs. 5. Banner Signs without permits. 6. Outdoor display of merchandise. 7. Off-street recreational vehicle parking. 8. Property Maintenance Ordinance. 9. Repair of automobiles or other vehicles which are not registered to the occupant of a residence. 10. Repair or dismantling of a vehicle in front of a residence. 11. Temporary political signs 12. Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related To On-Site Established Business. Such a sale would be by a non-Dublin business that is not an on-site established Dublin business with all necessary licenses and permits. . ... SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT RECEIVED. . In establishing this policy, the City Council recognizes that a person whose property is being investigated may point out several similar violations in the immediate area. It may be inequitable to require abatement of a violation when the same violation may exist in the immediate vicinity and is not investigated because a complaint is not received. In such situations any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be enforced as though a complaint had been registered. ANONYMOUS COMPLAINTS. All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager, Community Development Director or Building Official determines that the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager, Community Development Director or Building Official. COMPLAINT INFORMA nON Any person making a complaint shall give their name, address, and phone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure additional information regarding the problem. . INVESTIGA nONS OF COMPLAINTS ARE NOT PUBLIC RECORDS Section 6254 of the Govenunent Code provides that records of investigations of complaints are not public records. Therefore, investigations of complaints will be kept confidential. and information will not be disclosed except as required by a court order. . ,- SIGN REGULATIONS Chapter 8.84 -.' . ..". . ~ . H. Official Public Signs. All Official Public Signs as defined. . .... I. On-Site Temporary For Sale Or Lease Signs. All On-Site Temporary For Sale or Lease Signs shall: 1. Not exceed a maximum area of sixteen (16) square feet per side. 2. Be limited to one (1) such sign placed for each one hundred (100) feet of street frontage. up to a maximum of two (2) signs per parcel. 3. Have a maximum height of eight (8) feet. 4. State that the property is for sale. lease or exchange by the owner or his or her agent and the name, address and phone number of the owner or agent and/or agency and directions; 5. Be constructed of wood. plywood, metal or other rigid material; and 6. Not be placed on a private or public right-of-w!iY. J. Private Recreational Signs. Signs which are within private recreational property and which cannot be seen from a public street or adjacent properties. . ..,.., ...... K. Temporary Political Signs. Temporary political signs provided they shall: 1. Be removed within 10 calendar days following the election. 2. Be placed on private property. 3. Be no more than sixteen (16) square feet per side in area per individual sign and up to eighty (80) square feet of maximum aggregate area per lot. 4. Not be placed within the public right-of-way or within 660 feet of and visible from the right of way ofInterstate 580 or Interstate 680. L. Vehicular Signs. A vehicle with Vehicular Signs affixed shall be parked on the property on which the business is located. and as close as practical to the business it serves. The vehicle shall not be used as a sign platform or for the sole purpose of attracting people to a place of business. . .. - . City of Dublin Zoning Ordinance 84-26 September, 1997 EXHIBIT l