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HomeMy WebLinkAbout9.1 Zoning Enforcement Survey and Procedures S V 60 0 AGENDA STATEMENT MEETING DATE : November 14 , 1983 SUBJECT : Zoning Enforcement Survey and procedures EXHIBITS ATTACHED: 1 ) Survey Form 2 ) Survey Chart 3 ) Resolution regarding enforcement procedures RECOMMENDATION: IT ( See recommendations below) FINANCIAL STATEMENT: None DESCRIPTION: I . BACKGROUND On August 22 , 1983 , the City Council directed Staff to survey other agencies with respect to : 1 . Methods and level of zoning enforcement 2 . Storage of RV ' s , mobile homes , trailers , boats, and similar items in residential yards and driveways . 3 . Auto repairs in front yards and driveways of houses . Staff prepared a survey form ( attached) and telephoned the Building Department and Planning Department of the following six agencies : San Ramon/Contra Costa County, Pleasanton, Livermore, Fremont, Hayward, and Danville . The results of the survey are shown on the survey chart ( attached) . To summarize the results , the majority of agencies contacted handled zoning enforcement as follows : 1 . Have building inspection enforcement, with limited planning enforcement . 2 . Handle enforcement on a complaint basis only. 3 . Do not actively look for zoning violations . 4 . Need formal complaints to handle other similar violations . 5 . Will not take anonymous complaints unless it is a potential hazard. 6 . Refer temporary, short-term violation to police or public works . 7 . Have business license requirements without annual inspection . 8 . Do not allow storage of RV' s or similar items in front yard or driveway . ----------------------------------------------------------------- ITEM N0. COPIES TO: 9 . Allow storage of RV' s or similar items in required side yard, if visually screened. 10 . Allow only personal auto repair in front yard and driveway. It is noted that the four older established cities each have a business" license program. A business license ordinance is an effective tool in enforcing not only the Zoning Ordinance but also health and safety codes . New businesses must apply for a license, and the application is checked to see if the business is in the proper zone . The business license application can also be referred to the Building Inspection and Fire Departments for a safety inspection . In the case of food handling establishments, the referral can include the Health Department . Thus , a business license can assure that businesses are established in the proper zone and that they meet health and safety requirements . II . RECOMMENDATIONS Based on the survey results , Staff recommends that the City Council direct Staff to proceed with either Alternative A or Alternative B : ALTERNATIVE A 1 . Study the establishment of a business license program. 2 . Revise zoning ordinance to allow storage in required sideyards , if visually screened, and allow only personal auto repair in front yards or driveways . 3 . Adopt Resolution regarding enforcement procedures . ALTERNATIVE B 1 . Note concerns and bring back study of business license program and comprehensive revisions to zoning Ordinance, after the General Plan is adopted. 2 . Adopt Resolution regarding enforcement procedures . 1 . who enforces Zoning Ordinance? Building Inspection Planning 2 . Is enforcement on complaint basis only? Yes No 3 . If no, do you actively look for zoning violations? What proceedures do you follow? 4 . If on a complaint basis , hc-.i do you handle the problem where a person in violation points out several similar and obvious violations in the same area? 5 . How de you handle anonymous complaints? o . How do ,,'ou handle trans---"?-- or tempOrar'i vicllat- . ? (E:i amp le : =1 n _ c .a :�'1 �° ✓ V, �IGlentine � s Dav etc . ) c,fe_ stands ,ds , ust ve- s o�ne a_ % . Do you require a business ---cense? ` es NO Tr `ieS do -vou make an --- ins-_ ec .-ton and c.-ec:i =or zoni rc v_cict , cns at that tLme? 8 . Do you allow storage of a Tnc.-ilehome , RBI, trai 1 er, boat, or un- mounted camper shell in a . ) Front yard? b . ) _°.ecuired side yard? c . ) Driveway to off-street parking space? 9 . Do you allow auto repair a . ) Front yard? b . ) Dr i ve,:iav to off-s tree- park-ng space? ATTACHMENT 1 Key : 0 = Yes X = No N/A = Not Available/ No Answer ZONING ENFORCEMENT SURVEY CHART Dublin/ San Ram/ Ala .Co. C.C .Co. Pleas . Livmr Fremt Haywrd Danv. 1 . Who enforces Zoning Ordinance? Building Inspection 0 0 0 X 0 0 0 Planning X 0 0 0 X X 0 2 . Is enforcement on complaint basis only? 0 0 0 0 0 0 X 3 . Do you Actively look for Zoning violations? X X X X X X 0 4 . How do you handle similar and obvious violations? Person requested to file complaint 0 0 0 X 0 0 N/A Will check out complaints X 0 0 0 X N/A N/A 5 . Anonymous complaints? X 0 X X X X 0 Only if potential hazard 0 0 0 X 0 0 X 6 . Handle temporary violations? Refer to Police or Public Works 0 0 0 0 N/A N/A N/A Complaint basis only 0 0 X X N/A 0 N/A 7 . Business license program X X 0 0 0 0 X Annual inspection X X X X X 0 N/A 8 . Allow storage of mobile home, RV, trailer, boat, unmounted camper shell in : Front Yard X X X X X X 0 Required Side Yard w/ visual screen X 0 0 0 N/A X 0 Driveway to Off-Street Parking Space X S X X N/A X 0 9 . Auto repair in : Front Yard: own car only X 0 0 0 X 0 N/A Driveway to Off-Street Parking Space : own car yonly X 0 0 0 X 0 N/A y C) x 3 y N Y RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------- ESTABLISHING A PROCEDURE FOR ENFORCEMENT OF ZONING, BUILDING, AND HOUSING VIOLATIONS AND CONSTRUCTION WORK WITHOUT PERMITS WHEREAS, the City Council of the City of Dublin has identified a need to formalize the procedures for the enforcement of the zoning, building, and housing regulations . NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby adopt the "Enforcement Procedures for Zoning, Building, and Housing Violations and Construction Work Without Permits" attached hereto and identified as Exhibit "A" , and the Building Official is authorized to follow said procedures . PASSED, APPROVED AND ADOPTED this th day of 1983 AYES : NOES : ABSENT : Mayor ATTEST : City Clerk ATTACHMENT 3 CITY OF DUBLIN P.O. Box 2340 Dllhllll, CA 94565 (415) 829-4600 BUILDING INSPECTION DEPARTMENT ENFORCEMENT PROCEDURES FOR ZONING, BUILDING AND HOUSING VIOLATIONS AND CONSTRUCTION WORn WITHOUT PERMITS This procedure is to be followed in investigating complaints regarding possible violations of building regulations, zoning ordinances , or housing co(�es . GENERAL These ordinances generally will be enforced on a complaint basis except that : 1 . Building work actually observed to be under construction without permits will be investigated without a complaint . 2 . Violations observed on property where the inspector has a legitimate reason to be on property, such as a routine follow-up inspection on a Variance or Conditional Use Permit, or when inspecting construction under a permit, violations observed on the property will be investigated without a complaint . 3 . Conditions brought to the attention of the city in any manner which involves health and safety. Any person making a complaint shall give their name, address , and telephone 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. Section 6254 , of the Government 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 under a court order. ANONYMOUS COMPLAINTS All anonymous complaints will be investigated, but no action will be taken on anonymous complaints where the Building Official determines the matter does not involve health and safety and the case will be closed. when receiving a telephone complaint where the caller refuses to identify himself , obtain as much information as possible . INVESTIGATION The complaint should be investigated as soon as possible, and the report of the investigation should be made on a special investigation form. The investigator should contact the party in control of the property and identify himself by showing the city identification card. The investigator shall state the purpose of the investigation and request permission to inspect the premises . If entry is refused and there is sufficient information to- establish probable cause that a violation exists , the investigator may seek an inspection warrant. This should be discussed with the Building Official before proceeding . If upon completing the inspection it is determined that a violation exists , the party shall be advised what is wrong, and how to correct the problem. If there is no violation, the party should::beso advised and the case should be closed. If further investigation is necessary, to determine if there is a violation, the party should be so advised and be further advised that results of the investigation will be communicated to the party as soon as a determination has been made . When making the investigation the investigator should note on his report : 1 . The date of the investigation. 2 . The names of the parties he talked to. 3 . What was said by all parties involved. 4 . What was observed on the premises . If no one is on the premises the investigator should leave a note requesting the party to call the office . The investigator should also attempt to make contact by telephone or return visit. Whenever it has been determined that a violation exists the party should be advised what is wrong; the code section number of the violation ; how to correct the violation; and that corrections should be made within a specific time . The time for compliance should be reasonable considering the time required for the violation and the hazards involved in the violation. Preferably this should be done verbally and confirmed by letter . The complainant should be notified by telephone of the results of the investigation . (Note : Letters become public records and would destroy confidentiality. ) A check-back date should then be set up . When the time expires , the problem should be reinspected. If the party involved has not complied, additional time should be granted if progress has been made toward compliance . If requested and good cause exists , the investigator, in his judgement, may grant an extension. OFFICE HEARING If compliance is not achieved, the investigator should 0 send out a letter requesting the party to appear at an office hearing to show cause why further legal action should not be initiated. At the office hearing, the party is allowed to state his case . The investigator presents his case . If the Building Official determines there is a violation, he requestthat it be corrected and he explains various options in making corrections . He again establishes a reasonable time for compliance . He also explains what procedures will be followed if the violation is not corrected. The results of the office hearing should be confirmed by letter . A new check-back date is set . When the time expires , the problem is then reinspected. Any questions of additional time should be referred to the Building Official . If there: is no compliance, and no extension has been granted, the District Attorney should be requested to schedule a citation hearing. CITATION HEARING A citation hearing is similar to an office hearing, except that the District Attorney conducts it . If the DA determines • violation exists , he explains that if it isn ' t corrected, • criminal complaint will be issued. Again, the DA usually allows a reasonable time for compliance . A new check-back date is set . The investigator checks for compliance . Any questions of additional ti-me should be referred to the Building Official . Generally speaking, additional time will only be considered, at this state, if a reasonable effort has been made and there is substantial progress toward compliance . CRIMINAL COMPLAINT If the violation is not corrected, the Building Official will request the District Attornev or City Attorney to prepare a criminal complaint . When prepared, this is signed by the Building Official . A letter will be sent to the party to report to the Clerk of the Court by a specific time, or a warrant will be issued for arrest . The matter will eventually come to trial . The purpose of these proceedings is to secure compliance . If compliance is obtained, the District Attorney or City_ Attorney will be requested to dismiss the charges . If the party is found guilty, the District Attorney or City Attorney will be asked to request the Court to provide for reducing any penalties if compliance is finally obtained. ADMINISTRATIVE RELIEF - If -the violation can be corrected by receiving a Variance, Conditional Use Permit, or other administrative remedy, a complete application is filee.. the foregoing enforcement proceeding will 'De suspended until the application is resolved. MULTIPLE COMPLAINTS Where ordinances are enforced on a complaint basis , occasionally, the person with the violation will claim that the City is selectively enforcing the ordinance . The person may point out several similar violations in the immediate area. For example, storage of boats, trailers , and unmounted campers is not allowed in the front yard. These violations are obvious and numerous , but are only investigated on a complaint . Where this situation occurs , the party involved should be advised that action on the similar violations will only be initiated on a specific complaint . SPECIAL ENFORCEMENT PROBLEMS The foregoing procedures do not apply to transient type uses and violations that involve serious hazards to the public health and safety requiring immediate action. Examples could be : 1 ) a rock concert without a Conditional Use Permit; 2 ) overcrowding an assembly building; 3 ) blocking exits ; 4 ) haz- ardous electrical installation, endangering the general public . In these cases , written notices shall be given to stop the activity, or make the corrections in a very short time. The a notice shall state : 1 ) the nature of the violation and the code section; 2 ) indicate when the activity must be stopped; 3 ) what must be done to correct the violation; 4 ) when the violation must be corrected. If the activity is not stopped, or the corrections are not made, the Dublin Police should be called, and, if necessary, the parties involved should be arrested. The Building Official, Planning Director, or City Manager shall be consulted before calling the Police . BUILDING CONSTRUCTION WITHOUT PERMITS Whenever_ construction work is observed being done without permits : the problem shall be investigated. It is not necessary to have first received a complaint . The party in control of the property and the party in charge of the work on the premises shall be contacted and be advised: 1 . That a permit is necessary. 2 . What is necessary to apply for a permit. 3 . If any of the work already completed does not comply with the code . 4 . How non-complying work may be corrected. S . To stop work. If the only violation is lack of a permit, and continued wor'.c will not conceal work that must be inspected, the inspector may, in his judgement, allow work to continue to the end of the day. If no one is on the premises , a notice giving the above information shall be posted. If the work is stopped as requested, follow-up procedures involving letters, office hearings , citation hearings, etc . , as outlined above, shall be followed: If the parties involved refuse to stop work, the Dublin Police shall be called, and if the parties continue to work, they should be arrested. The Building Official shall be consulted before calling the Police .