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HomeMy WebLinkAboutItem 6.3 MuniCode Rodent Fly CITY CLERK File # D[2J[fl][Q]-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 17, 2008 SUBJECT: ATTACHMENTS: RECOMMENDATION: 1M~. FINANCIAL STATEMENT: DESCRIPTION: PUBLIC HEARING: Amendment of Dublin Municipal Code Chapter 5.72 (Rodent and Fly Control) Report Prepared by Elizabeth H Silver, Assistant City Attorney and Stephen Muzio, Associate Attorney 1. Ordinance Amending Dublin Municipal Code Chapter 5.72 relating to Rodent and Fly Control. Clean copy of ordinance. 2. 1. 2. 3. 4. 5. Receive Staff presentation; Open public hearing; Receive public testimony; Close public hearing and deliberate; Waive reading and INTRODUCE the Ordinance Amending Chapter 5.72 of the Dublin Municipal Code relating to Rodent and Fly Control (Attachment 1). None. At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter proposed for review is DMC Chapter 5.72, which declares that the maintenance of any of the following constitutes a nuisance: 1) a fly nuisance (as defined in the chapter), 2) such waste as may become a harborage or attractant for rodents or 3) such waste as may result in unreasonable production of odors resulting in the depreciation of adjacent property or comfortable enjoyment oflife thereon. The Chapter requires owners of property on which the nuisance is maintained to abate it. In the event that the owner neglects to do so, the City may abate the nuisance in question and hold the owner responsible for the costs of that abatement. The City has the additional remedy of imposing a special assessment on the property, which will then cause the owner to be assessed the amount owed as part of his or her annual property tax bill, levied by the Alameda County Auditor-Controller. Staff has reviewed the ordinance and recommends that the title of the Chapter be amended to read "Rodent and Fly Control" to more accurately reflect the intent of the Chapter. Staff also recommends number of minor changes be made to improve the Chapter's clarity and ensure its consistency with the rest of the DMC. Staff also recommends certain COpy TO: ------------------------------------------------------------------------------------------------------------- Page 1 of2 ITEM NO. f>. 3 (1. substantive changes be made to this Chapter to ensure the Dublin Municipal Code contains uniform procedures for the collection of costs incurred by the City in the abatement of nuisances. Assessment procedure. Cities are authorized by Government Code (GC) sections 38773 and 38773.5 to engage in these abatement and assessment activities. When a city levies an assessment against property, it should comply with the requirements ofGC ~ 38773.5. We recommend the Council amend the provisions of this chapter to incorporate proposed new section 1.04.061 which will provide uniform procedures for recovery of the City's costs of abating nuisances. Former section 5.72.080 has been deleted, and a new section inserted, which refers to the provisions of the new Section 1.04.061. As amended, the Chapter would provide that once the Council has established, by resolution, the costs to the City of abating the nuisance, the provisions in Section 1.04.061 shall take effect. This new Section describes the steps the City Administrative Services Director shall take following the resolution of the City Council. The Director will record a Notice of Lien with the County Recorder, provide notice to the property owner by certified mail, and file a certified copy of the Council's resolution confirming the costs of abatement with the County Auditor-Controller on or before August 1. We also recommend inserting provisions which will give property owners the opportunity to appeal an order requiring abatement of the nuisance to the City Council. This will ensure that the City does not set out to abate a nuisance without providing the property owner an opportunity to be heard. The ordinance also adds a new section describing the procedure for service of all notices and orders required by the Chapter. City Planning and Code Enforcement Staff have reviewed this ordinance and concur with the suggested changes. RECOMMENDATION Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive public testimony; 4) close public hearing and deliberate; 5) waive reading and INTRODUCE the Ordinance Amending Chapter 5.72 of the Dublin Municipal Code relating to Rodent and Fly Control (Attachment 1). Page 2 of2 Ii ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.72 OF THE DUBLIN MUNICIPAL CODE RELATING TO FLY CONTROL RECITALS WHEREAS, pursuant to California Government Code Sections 38773 and 38773.5, the City of Dublin may adopt procedures by which nuisances may be summarily abated at the expense of persons maintaining them, and by which such expenses may also be imposed as a special assessment on that parcel of land on which the nuisance is abated; and WHEREAS, the City of Dublin Municipal Code Chapter 5.72 declares that the maintenance of a fly nuisance, as defined therein, the maintenance of waste which is susceptible to harboring or attracting rodents and the maintenance of such waste which will produce odors which would result in the depreciation of adjacent property or comfortable enjoyment of life thereon to be nuisances; and WHEREAS, the City Council has enacted a new Chapter 1.04.061 of the Dublin Municipal Code which establishes uniform procedures for the collection of costs incurred by the City in the abatement of nuisances; and WHEREAS, the City Council further wishes to clarify the provisions and procedures contained in the City of Dublin Municipal Code Chapter 5.72. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. The Title of Chapter 5.72 of the Dublin Municipal Code is amended to read as follows: Chapter 5.72 Rodent And Fly Control Section 2. Chapter 5.72 of the Dublin Municipal Code is revised as follows, with deletions indicated in strikethrough and additions indicated in underline: 5.72.010 Declaration of findings. The City Council does find and declare as follows: A. That putrescible waste is a breeding and attraction media for flies; a source of food and harborage for rodents; and a source of unreasonable odors when allowed to accumulate, or when disposed of improperly; B. That putrescible waste resulting from the keeping of certain animals on premises located in the eCity has been found to greatly contribute to the production of flies and rodents, which cause -;:.., ~y,:it ro '3 G 1/7) O&rvJ; ATTACHMENT 1 ( Jar OJ unsightliness by their presence as well as resulting in the depreciation of property values and in the reduction of the comfortable enjoyment oflife; C. That putrescible waste found in certain areas of the eCity where there is a denser concentration of population poses a more serious threat to the health, safety, and general welfare of the people of the eCity; D. That it is necessary to accomplish the object and purposes of this chapter that the City Manager and other authorized agents, including the Alameda County Health Officer, be clothed with sufficient authority to enable them to deal with the conditions affecting the public health and safety as such conditions change or arise and to meet emergency situations in a prompt and efficient manner and that they be vested with and exercise discretion in the execution of the provisions of this chapter. 5.72.020 Declaration of policy. It is declared to be in the public interest that the accumulation and disposal of putrescible waste in the eCity be handled in such a manner so as to prohibit or control the harboring and breeding of flies and rodents; so as to prevent unsightliness resulting in the depreciation of property values; and so as to promote the comfortable enjoyment of life. 5.72.030 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meanIngs: "Abatement" means and includes demolition, removal, repair, maintenance, construction, reconstruction, replacement, and reconditioning of structures, appliances or equipment; removal, transportation, disposal and treatment of putrescible waste or other substance~ orf media capable of harboring, breeding, or attracting flies and rodents or producing unreasonable odors, and the application of chemical, biological, or mechanical means to control, eradicate and eliminate sources, causes or conditions conducive to a fly nuisance, rodent infestation or unreasonable odor. "Fly nuisance" means any place, condition, process or operation where by reason of the conduct, misconduct, neglect, failure or refusal of anyone, there is created or continues to exist the production of flies or fly larvae or pupae. "Poultry" means and includes chickens, turkeys, ducks, game birds, pigeons, pheasants or any other similar fowl. "Putrescible waste" means any matter, solid or liquid, which is capable of serving as a breeding mediumQ for flies; as a source of food for rodents; or the production of unreasonable odors, and shall include, but not be limited to, the terms waste, refuse, garbage, rubbish, industrial waste, and commercial garbage. Putrescible waste shall include animal and poultry manure. 5.72.040 Service. A. For the purposes of this chapter, service of required notices, orders, decisions and other documents shall be made in the following manner: 1. Bv personal service; or 2. By first-class U.S. mail. postage prepaid. to the owner of the property at the address shown on the last equalized assessment roll. and to any known tenant at the address of the property. Service by mail shall be effective on the date of mailing 3~~ Should no address for the owner of the property appear on the assessment roll, and should the City be unable to locate the owner to deliver the document by personal service. service may be made by posting a coPy of the notice and order to abate prominently and conspicuously upon the property where the condition exists. B. The failure of any person to receive such notice shall not affect the validity of any proceeding. 5.72.05004Q Prohibited nuisances. No person shall create, allow, or maintain a fly nuisance, nor knowingly allow waste to become a harborage, attractant or food source for rodents, or result in unreasonable production of odors resulting in the depreciation of adjacent property or comfortable enjoyment of life thereon. Such conditions are declared to be a public nuisance. Upon knowledge of such fly nuisance, rodent infestation or unreasonable odor production, or after having received a written abatement order from the City Manager, Alameda County Health Officer or other authorized agents, said person shall at once proceed and continue in good faith with the abatement of such fly nuisance or control and elimination of rodents or source of unreasonable odor. 5. 72.060~ Investigation-Order to abate l\batemeBt. The City Manager, or other authorized agents, including the Alameda County Health Officer, may upon reasonable cause to believe that fly or odor nuisance, or rodent infestation exists, investigate conditions productive of flies, fly larvae, pupae, rodents or odor. He shall have the power while in the performance of his duty to enter upon any premises to discover, or to inspect any thing or condition which is productive or susceptible to the production of flies, unreasonable odors or rodents. If he determines that a fly nuisance, production of unreasonable odor, or rodent infestation exists he may declare such condition to constitute a public nuisance and may issue a written order requiring abatement. The order shall set forth a time within which the condition shall be abated and shall contain a statement that the owner may appeal the order to abate the condition to the City Council by complying with the procedures set forth in Section 5.72.070. The order shall be served in accordance with Section 5.72.040. 5.72.070 Anneal to City Council. A. The owner and/or tenant may appeal the order to abate to the City Council. Any appeal to the City Council must be in writing, and must be made within fifteen (15) days from the date of service of the decision of the City Manager. The request for an appeal to the City Council shall be addressed to the City Manager and shall be deemed served only when received by the City. Failure to properly serve the request for appeal to the City Council within the fifteen (15) day period shall be deemed a waiver of the right to appeal the matter to the City Council and the order to abate shall become final. B. As soon as practicable after receiving the appeaL the City Clerk shall set a date for the Council to hear the appeal which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing. either by causing a coPy of such notice to be delivered to the appellant personally or by mailing a copy thereof. postage prepaid. addressed to the appellant at hislher address shown on the appeal. At the time set for the appeal hearing. the City Council shall either affirm. modify or reverse the decision of the City Manager. Continuances of the if ';f ~ hearing may be granted by the Council on request of the owner for good cause shown. or on the Council's own motion. The decision of the City Council shall be final. 5.72.080 Remedy-Abatement by the City. A. If the condition is not abated as ordered within the abatement period the City Manager shall cause the same to be abated by City employees or private contract. Absent consent to enter the subiect property for the purpose of abatement the City Manager shall direct the City Attorney to obtain the necessary iudicial authority for entrv and abatement purposes. B. A person shall not obstruct, impede. or interfere with the City Manager, or hislher representative, or with any person who owns. or holds any interest or estate in any property in the performance of any necessary act. preliminary to or incidental to, carrying out an abatement order issued pursuant to the chapter. If the condition is not abated vt'ithin the time set forth in the written order, the City Manager (or other al:lthorized agem:s, ineluding the }.I.lameda Cm:mty Health Officer) may summarily abate the ooisanee in accordance with Calif~mia Governm.ent Code Section 3&773 and the expense of abatemel'lt shall be a personal obligation of the property ovmer and may be made a lien against the property on which it is maintained in accordance with the provisions of Sections 5.72.060, 5.72.070 and 5.72.0&0. 5.72.0900(i0 LieD Assessment procedure-Record of cost. The City Manager shall keep an account of the cost of performing the abatement, including reasonable administrative costs, on each separate lot or parcel of land, aad the name of the owner thereof. and shall render an itemized report in writing to the City Council showing the cost of abatement. A COPy of the report and notice shall be served upon the owners of the property and/or tenants in accordance with the provisions of Section 5.72.040 at least five (5) calendar days prior to submitting the same to the City Council. Proof of the posting and service shall be made by affidavit filed with the City Clerk. The Council may make such modifications to the report as it may deem necessary, after which such report shall be confirmed by resolution.8aeh costs shall become, Vlflen confirmed, a special assessment against the property. 5.72.070 LieD <"AssessmeDt pFoeedRFe CORDeil appeal. Bet\veen the first and fifteenth day of July of each year, the City Manager shall cause to be published a notice to the effect that any O\\'fler upon '.",hose property the City Manager has performed any work hereunder during the preceding fiscal year may appeal therefrom to the Cooocil. The notice shaH be published once in accordaace with Goyernment code Section 6061. Any appeal shall state the grooods for appealing. <^..t the aext regular meeting of the CO'l:1fl:cil after the first day of August, it shall hold a hearing to confirm the costs and any appeals, and its determination~ thereupon shall be final. 5.72.100080 LieD Assessment procedure AssessmeDt Recordation and collection. The procedures governing the recordation and collection of the City's costs of abating nuisances shall be those provided in Section 1.04.06L^..fter confirmation of the costs by the City Cooocil a certified copy of the confirmed report shall be filed '"lith the Coooty <^..aditor who shall enter each assessment on the tax roll against the respecti';e premises. The assessment shall be collected at the same time in the same mar.ner as ordinary municipal ad yalorem taxes and shall be subject to the same penalties and the same procedure and sale in case of deliaquency as provided for sueh taxes. }JI laws applicable to the levy, collection and enf~rcement of 6L9;fq munieipal ad yalorem property taxes shall be applicable to such assessments. The lien created attaehes upon recordation of a eertified eopy of the confirmed report in the offiee of the Coooty Reeorder and shall continue until the charges and fees are fully paid. Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 5. Posting. 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 ofCalifomia. PASSED, APPROVED AND ADOPTED this _ day of ,2008. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Carolyn Parkinson, Interim City Clerk 11032340.5 ~fq ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** AMENDING CHAPTER 5.72 OF THE DUBLIN MUNICIPAL CODE RELATING TO FLY CONTROL RECITALS WHEREAS, pursuant to California Government Code Sections 38773 and 38773.5, the City of Dublin may adopt procedures by which nuisances may be summarily abated at the expense of persons maintaining them, and by which such expenses may also be imposed as a special assessment on that parcel of land on which the nuisance is abated; and WHEREAS, the City of Dublin Municipal Code Chapter 5.72 declares that the maintenance ofa fly nuisance, as defined therein, the maintenance of waste which is susceptible to harboring or attracting rodents and the maintenance of such waste which will produce odors which would result in the depreciation of adjacent property or comfortable enjoyment oflife thereon to be nuisances; and WHEREAS, the City Council has enacted a new Chapter 1.04.061 of the Dublin Municipal Code which establishes uniform procedures for the collection of costs incurred by the City in the abatement of nuisances; and WHEREAS, the City Council further wishes to clarify the provisions and procedures contained in the City of Dublin Municipal Code Chapter 5.72. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. The Title of Chapter 5.72 of the Dublin Municipal Code is amended to read as follows: Chapter 5.72 Rodent And Fly Control Section 2. Chapter 5.72 of the Dublin Municipal Code is revised as follows: 5.72.010 Declaration of findings. The City Council does find and declare as follows: A. That putrescible waste is a breeding and attraction media for flies; a source of food and harborage for rodents; and a source of unreasonable odors when allowed to accumulate, or when disposed of improperly; B. That putrescible waste resulting from the keeping of certain animals on premises located in the City has been found to greatly contribute to the production of flies and rodents, which cause unsightliness by their presence as well as resulting in the depreciation of property values and in the reduction of the comfortable enjoyment of life; C. That putrescible waste found in certain areas of the City where there is a denser concentration of population poses a more serious threat to the health, safety, and general welfare ofthe people of the City; ATTACHMENT 2 7~f~ D. That it is necessary to accomplish the object and purposes of this chapter that the City Manager and other authorized agents, including the Alameda County Health Officer, be clothed with sufficient authority to enable them to deal with the conditions affecting the public health and safety as such conditions change or arise and to meet emergency situations in a prompt and efficient manner and that they be vested with and exercise discretion in the execution of the provisions of this chapter. 5.72.020 Declaration of policy. It is declared to be in the public interest that the accumulation and disposal of putrescible waste in the City be handled in such a manner so as to prohibit or control the harboring and breeding of flies and rodents; so as to prevent unsightliness resulting in the depreciation of property values; and so as to promote the comfortable enjoyment of life. 5.72.030 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meanings: "Abatement" means and includes demolition, removal, repair, maintenance, construction, reconstruction, replacement, and reconditioning of structures, appliances or equipment; removal, transportation, disposal and treatment of putrescible waste or other substances or media capable of harboring, breeding, or attracting flies and rodents or producing unreasonable odors, and the application of chemical, biological, or mechanical means to control, eradicate and eliminate sources, causes or conditions conducive to a fly nuisance, rodent infestation or unreasonable odor. "Fly nuisance" means any place, condition, process or operation where by reason of the conduct, misconduct, neglect, failure or refusal of anyone, there is created or continues to exist the production of flies or fly larvae or pupae. "Poultry" means and includes chickens, turkeys, ducks, game birds, pigeons, pheasants or any other similar fowl. "Putrescible waste" means any matter, solid or liquid, which is capable of serving as a breeding medium for flies; as a source of food for rodents; or the production of unreasonable odors, and shall include, but not be limited to, the terms waste, refuse, garbage, rubbish, industrial waste, and commercial garbage. Putrescible waste shall include animal and poultry manure. 5.72.040 Service. A. For the purposes of this chapter, service of required notices, orders, decisions and other documents shall be made in the following manner: 1. By personal service; or 2. By first-class U.S. mail, postage prepaid, to the owner of the property at the address shown on the last equalized assessment roll, and to any known tenant at the address of the property. Service by mail shall be effective on the date of mailing. Should no address for the owner of the property appear on the assessment roll, and should the City be unable to locate the owner to deliver the document by personal service, service may be made by posting a copy of the notice and order to abate prominently and conspicuously upon the property where the condition exists. g~1 B. The failure of any person to receive such notice shall not affect the validity of any proceeding. 5.72.050 Prohibited nuisances. No person shall create, allow, or maintain a fly nuisance, nor knowingly allow waste to become a harborage, attractant or food source for rodents, or result in unreasonable production of odors resulting in the depreciation of adjacent property or comfortable enjoyment of life thereon. Such conditions are declared to be a public nuisance. Upon knowledge of such fly nuisance, rodent infestation or unreasonable odor production, or after having received a written abatement order from the City Manager, Alameda County Health Officer or other authorized agents, said person shall at once proceed and continue in good faith with the abatement of such fly nuisance or control and elimination of rodents or source of unreasonable odor. 5.72.060 Investigation-Order to abate. The City Manager, or other authorized agents, including the Alameda County Health Officer, may upon reasonable cause to believe that fly or odor nuisance, or rodent infestation exists, investigate conditions productive of flies, fly larvae, pupae, rodents or odor. He shall have the power while in the performance of his duty to enter upon any premises to discover, or to inspect any thing or condition which is productive or susceptible to the production of flies, unreasonable odors or rodents. If he determines that a fly nuisance, production of unreasonable odor, or rodent infestation exists he may declare such condition to constitute a public nuisance and may issue a written order requiring abatement. The order shall set forth a time within which the condition shall be abated and shall contain a statement that the owner may appeal the order to abate the condition to the City Council by complying with the procedures set forth in Section 5.72.070. The order shall be served in accordance with Section 5.72.040. 5.72.070 Appeal to City Council. A. The owner and/or tenant may appeal the order to abate to the City Council. Any appeal to the City Council must be in writing, and must be made within fifteen (15) days from the date of service of the decision of the City Manager. The request for an appeal to the City Council shall be addressed to the City Manager and shall be deemed served only when received by the City. Failure to properly serve the request for appeal to the City Council within the fifteen (15) day period shall be deemed a waiver of the right to appeal the matter to the City Council and the order to abate shall become final. B. As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to hear the appeal which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at hislher address shown on the appeal. At the time set for the appeal hearing, the City Council shall either affirm, modify or reverse the decision of the City Manager. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown, or on the Council's own motion. The decision of the City Council shall be final. 5.72.080 Remedy-Abatement by the City. A. If the condition is not abated as ordered within the abatement period the City Manager shall cause the same to be abated by City employees or private contract. Absent consent to enter the subject property 9o;(~ for the purpose of abatement the City Manager shall direct the City Attorney to obtain the necessary judicial authority for entry and abatement purposes. B. A person shall not obstruct, impede, or interfere with the City Manager, or hislher representative, or with any person who owns, or holds any interest or estate in any property in the performance of any necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to the chapter. 5.72.090 Assessment procedure-Record of cost. The City Manager shall keep an account of the cost of performing the abatement, including reasonable administrative costs, and shall render an itemized report in writing to the City Council showing the cost of abatement. A copy of the report and notice shall be served upon the owners of the property and/or tenants in accordance with the provisions of Section 5.72.040 at least five (5) calendar days prior to submitting the same to the City Council. Proof of the posting and service shall be made by affidavit filed with the City Clerk. The Council may make such modifications to the report as it may deem necessary, after which such report shall be confirmed by resolution. 5.72.100 Assessment procedure-Recordation and collection. The procedures governing the recordation and collection of the City's costs of abating nuisances shall be those provided in Section 1.04.061. Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 5. Posting. 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, APPROVED AND ADOPTED this _ day of AYES: NOES: ABSENT: ABSTAIN: ,2008. Janet Lockhart, Mayor ATTEST: City Clerk