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HomeMy WebLinkAboutItem 8.5 CodeEnforcePolicyUpdatCITY CLERK FILE #450-60 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 20, 2001 SUBJECT: Code Enforcement Policy Update (Report Prepared by Jeri Ram, Planning Manager) ATTACHMENTS: 1. Chapter 8.144 of the Zoning Ordinance 2. Resolution 234-99 Enforcement Policy RECOMMENDATION: 1. 2. Receive Staff Report Deliberate Give Staff direction on the following: a. Review the current City Policy relating to Enforcement and direct Staff if any changes should be made. b. Provide Staff direction if the City Council wishes to modify the Zoning Ordinance regulations in relation to items that is Staff currently enforcing. c. Provide Staff direction if the City Council concurs with the general procedure for achieving compliance as listed below. FINANCIAL STATEMENT: No financial Impact DESCRIPTION: Chapter 8.144 of the Zoning Ordinance sets forth the enforcement mechanism of the Zoning Code (Attachment 1). This Chapter of the Code states that it is the duty of the employees of the Community Development Department to enforce the requirements of the Zoning Ordinance as directed by the City Council. The City Council has the authority to establish policies, rules and regulations for administration of the Code as long as those policies, rules and regulations are not in conflict with the Ordinance. These Enforcement Policies must be adopted by resolution of the City Council. On December 21, 1999, the City Council approved an Enforcement Policy that lists what types of violations shall be enforced on a proactive or complaint basis (Attachment 2). As a result of that resolution, Staff has been proactively enforcing (without a complaint) the following types of violations: Building work actually observed to be under construction without permits; COPIES.TO: In-House Distribution ITEM NO. 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; · Conditions brought to the attention of the City in any manner which involve public health and safety; · A-Frame Signs; · Banner signs without permits; · Living or sleeping in vehicles parked or stored on a lot; · Location of required parking spaces; · Outdoor display of merchandise; · Off-street recreational vehicle parking; · Parking of unlicensed or inoperable vehicles; · Parking within a designated parking space; · Property Maintenance Ordinance; · Repair of automobiles or other vehicles which are not registered to the occupant of a residence; · Repair or dismantling of a vehicle in front of a residence; · Temporary political signs; · 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. All other violations are enforced on a compliant basis. Complian ce: Staff's method of achieving compliance with the Code generally follows this procedure: · Send warning letter giving 15 days for compliance; · Send stronger warning letter giving an additional 15 days prior to issuance of citation; then · Issue citation. In some instances, Staff follows a different procedure: · A-Frame signs in the public right-of-way - Staff removes the sign and either returns it to the business or takes it to the corporation yard. Section 8.84.220 allows for summary removal because of traffic hazard, danger to the public (if sign is on street or sidewalk). · Balloons erected without permits - Staff gives one verbal warning and will then issue a citation, generally within one or two days (due to the very temporary nature of this type of sign, if we went through the procedure above, the sign would likely be gone). Council Direction Requested: Staff requests City Council direction on the following items: · Review the current City Policy relating to Enforcement and direct Staff if any changes should be made. · Provide Staff direction if the City Council wishes to modify the Zoning Ordinance regulations in relation to items that is Staff currently enforcing. · Provide Staff direction if the City Council concurs with the general procedure for achieving compliance as listed above. G:\correspoLlERI~2001 \CCSR11-20.doc 2 ENFORCEMENT Chapter 8.144 CHAPTER 8.144 ENFORCEMENT 8.144.010 Purpose. To establish procedures for enforcement of the provisions of Title 8 of the Dublin Municipal Code. Intent. The intent of this Chapter is to ensure compliance with the provisions..of Title .8. of the Dub.lin Municipal Code·and any :~9nditions of approval o~a~permit; to promote the City's planning, and building efforts; and to protect the public health, safety, and welfare of the City. 8.144.020 Duty of the City Council. ,!t is. the duty ofthe Dublin City Council to assure the.proper administration of Title 8 through enforcement of its provisions, The City Council. shall have the power to establish from time to time such policies, rules and regulations not in conflict with Title 8 as are necessary for that purpose. Said policies, rules and regulations shall be adopted by the City Council by resolution. 8.144.030 Duty of City. Manager It shall be the duty of the. City Manager and his/her designee to enforce the provisions of Title 8 of the Dublin Municipal Code. 8.144.040 Duty of the Department of Community Development. Ae Designation of officers or employees authorized to enforce Title..8. The Director of. Community Development may designate officers or employees to enforce the Provisions of Title 8. The Officers or employees so designated shall have the authority to issue citations and commence abatement proceedings against anyone who violates any of the provisions of Title 8. Duty. It is the duty of the officers or employees of the Department of Community Dex~elopment so designated to enforce the requirements ofthisTitle as directed by the City Council. 8.144.050- A, Compliance. Actions contra ..~. ~,.to Title 8 are unlawful and a public nUisance. Any building or · ~structur, e set up~ er...ected~ constructed, altered, enlarged, converted, moved or maintaine.d contrary to Tit!~: 8; orany use or·occupancy of any land, building or premises established,: conducted, operated or maintained contrary to Title 8 is unlawful and i~ hereby declared to be a public nuis~ce and may be summarily abated.as such. ATTACHMENT I ENFORCEMENT Cha 5.14.4 Compliance with provisions of Title 8. Every department and employee of the City of'Dublin authorized to issue permits or licenses affecting the use or occupancy of land or of a building or structure within the City shall comply with the provisions of Title 8. Ce No issuani~er of permit until action taken and time fOr aPPeal expired. No pem~it shall be isSUed Unless and until final action has been taken.'~d any appeal period has exPired. Permit or license cOntrary to provisions of Title 8 :'is null and void. Any permit or license hereafter issued for a building, structure, use 'or occupancy contrary to the p~o'visions Of'Title 8 '~hall be null and void ~and of no effect. 8.144.060 Violations. Infraction/Misdemeanor. Notwithstanding Section 1.04.030 of the Dublin Municipal COde, any person, firm, or corporati0i~ vi01ating or causing, or pe~itting to be Violated, or failing to 'complY with any of the provisions of Title 8 ~hall be gUilty of an infraction unless such violation is described as a misdemeanor by specific pr°~i§'i0ns o~fTitle: 8. :~: ': ~ 'Separate'::Offense. E'adh per~ofi, fi~, or cO¢¢fation Shall'be gUilty 0f~a separate offend6~ f&"O'~eh day and every'' daY dUring an~ Portion of wiiiCh any ViolatiOn of any provision of Title 8 is co~itted, continued'or permitted:, bY such person, firm, or corporation, ahd shall be puniShable.accordingly. 8.144.070 Remedies. Ae Civil'Remedies. The Director of CommunitY DevelOpment shall commence appropriate action or proceedings to enforce the provisions of this Title and to abate, remove or enjoin any violation of this Title: Criminal Remedies. Any person, firm or corPoration guilty of an infraction under the prOvisiong'ofTitle' 8 Shall be p~isl~able' upon~a first c0nvicti6n of.a fine of not m03~ than $100'.0'0} and for'a Second ~¢nViC~i6fi~ Within a p'6riod of one ~ by a fine 6f not m0re th~ $200,.00, and for a third or anY subsequent cohViction within a one-year PeriOd 'by a fi~e': tSf'nOt ~ore th~ $500.00. Any viol.a~ion b6y0hd the third · c6nVietion within abne.ye~: period may be ch~ged as' h:~isdem~or and the penalty for conviction of the same shall be subject to fine or imprisonment or both not to exceed the limits set forth in California Penal Code SectiOn 19. OrdinanCe' ENFORCEMENT Chapter 8.144 Other Applicable Remedies. The City Manager may seek complianCe with the provisions of Title 8 by pursuing any available remedy, alone or in combination, to correct the violation. Cumulative. All remedies contained in Title 8 for handling violations or for enforcing the provisions of Title 8 shall be cumulative and not exclusive of any other applicable provisions of City, County or State Law. 8.144.080 Inspections. Every property owner or applicant seeking a permit or other approval under Title 8 shall permit the City access from time to time to any premises or property to render inspections as deemed necessary to determine or ensure compliance with this Title. Upon issuance of a permit or any other approval under Title 8, the property owner or applicant shall permit the City access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval. City of Dublin Zoning Ordinance 144-3 September, 1997 RESOLUTION NO. 234 -'99 A RESOLUTION OF TFIE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING TI~ ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUHA)ING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE; AND RESCINDING RESOLUTION 134-97. WltEREAS, on November 4, 1997, the City Council ofthe City of Dublin did adopt Resolution No. 134-97 establishing a policy for enforcement of Zoning. Building, Housing and Property Maintenance violations, and WItEREAS, Resolution 134-97 identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law are already co~ered 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. 134-97 for minor amendments regarding parking regulations and adopt a new resolution. NOW TI~EREFORE 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 Attachmentl. 'BE IT FURTI~R RESOLVED: the City Council does hereby rescind Resolution No. 134-97. BE IT FURTHER RESOLVED: the City Council does hereby direct Staffto provide one verbal warning and one written warning (unless circumstances dictate more) on aH'enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by citations and fees. PASSED, APPROVED AND ADOPTED this 21st day of December, 1999. AYES: Conncilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST: KZ/G/12-21-99/reso-enfO~nt. doc Mayor KFTACHMENT 2., Attachment "1' ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE This procedure is to be followed in investigating complaims about and enforcing possible viOlations of the zomg 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: Building work actually observed to be under construction without permits. 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. 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. : Living or sleeping in vehicles larked or stored on a loL :7.~.~ Location Of required parking space~.. 8. Outdoor display of merchandise. 9. OfF-street recreational vehicle parking. lO:~-:.:l~_'P~iiting:.~nHcensed 'or. inoperable Yehldes. 11._.. Parking within a designated parking sp_~c~.e. 12. Property Maintenance Ordinance. 13. . Repair of automobiles or other vehicles which are not registered to the occuPant of a residence. 14. Repair or dismantling ora vehicle in front ora residence. 15. Temporary political signs 16. 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. SIMII.~ 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 ora 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 INFORMATION 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 stares of the investigation. It may also be necessary to contact the complainant to secure additional information regarding the problem_ INVESTIGATIONS OF COMPLAINTS ARE NOT PUBLIC RECORDS 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 as required by a court order.