HomeMy WebLinkAboutItem 6.3 RevisionToMuniCode
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 28, 1991
SUBJECT: PUBLIC HEARING - Ordinance Providing for Revisions
to the DUblin Municipal Code
(Report Prepared by Elizabeth Silver, City Attorney
& Kay Keck, city Cler~
EXHIBITS ATTACHED: 0 Draft Ordinance
o Existing DUblin Municipal Code sections
RECOMMENDATION: ~)
2)
/J ~ ¡¡
(V 5)
6)
Open pUblic Hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing
Deliberate
Waive Reading and Adopt Ordinance
FINANCIAL STATEMENT:
None
DESCRIPTION: On May 13, 1991, the city council introduced an
Ordinance which added, deleted, and/or amended various chapters of the
DUblin Municipal Code, which went into effect in July, 1990.
During the public hearing held on May 13th, clarification was made
related to Chapter 4.16.040, which deals with place of registration for
a Peddler's Permit. Permits have previously been issued at the Eden
Township Sheriff's Substation in Hayward. This section is being changed
to indicate that permits may be obtained and processed by DUblin Police
services.
Other changes have been recommended as a result of the recent Conner v.
Citv of Santa Ana case, which requires a municipality to obtain a
warrant prior to conducting inspections or abatement activities on
private property.
In the 9 months that Staff has been working with the Municipal Code,
certain discrepancies have been noted. The attached draft ordinance
incorporates all of the changes noted to date, into one ordinance. The
ordinance would add, delete, or amend various chapters related to:
Elections, Peddlers, Solid Waste Management, Animal Control, Weed and
Litter Abatement, property Maintenance, Abatement of Abandoned Vehicles,
Abatement of Nuisances, and Establishing Right-of-Way Lines.
Chapter 5.60 (Weed and Litter Abatement), is being deleted inasmuch as
these provisions of the County Code were not adopted by the City and
because the Dougherty Regional Fire Authority has adopted its own weed
abatement provisions.
The city Clerk is preparing for the first update to Dublin's Municipal
Code and this ordinance will correct most of the housekeeping type
items, as well as changes recommended as a result of the Conner case
discussed above. In addition, most of the ordinances adopted in
calendar year 1990 and thus far in 1991 will also be included in the
update.
Staff recommends that the city council conduct a public hearing, waive
the reading and adopt the ordinance.
ITEM NO. 6. ,
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COPIES TO:J.Lf.v tføO-£Q
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ORDINANCE NO.
-91
AN ORDINANCE OF THE CITY OF DUBLIN
DELETING, AMENDING AND ADDING CERTAIN CHAPTERS AND SECTIONS
OF THE DUBLIN MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
section 1.
Chapter 2.32 (Elections)
a) Chapter 2.32 of the Dublin Municipal Code is
amended by deleting section 2.32.020 and adding a new section
2.32.020, to read as follows:
"city Counci1members' terms of office shall expire no
later than the fourth Tuesday after the day of the
general municipal election and until their successors
are elected and qualified."
b) Chapter 2.32 is amended by deleting Section
2.32.030.
section 2.
Chapter 4.16 (Peddlers)
a) Chapter 4.16 of the Dublin Municipal Code is
amended as follows:
. Change all references to
"County" or "County of
Alameda" to "city of
Dublin."
Page 1 of 8
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· Change all references to
"unincorporated area of
the county" to "c;ity of
Dublin."
· Change all references to
"Board of Supervisors" to
"City council."
· Change all references to
"sheriff" and "Deputy
SheriJ:f" to "Chief of
Police."
· Change all reference. to
"Sheriff's Department" to
"Dublin Police
Department."
b) Section 4.16.040 of the DUblin MUnioipal code is
amended by deleting section 4.16.040 and adding a new section
4.16.040, to read as follows:
"Place of Registration
The applicant tor a permit under this chapter must
register and obtain a permit J:rom the Chief of Police."
Page 2 of 8
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sectiQn 3.
Chapter 5.32 (Solid Waste Manaqement)
section 5.32.340 of the Dublin Municipal code is
amended by deleting the last sentence in subsection A and adding
the following new sentence in its place, to read as follows:
"If such entry is denied, or if the owner or
individual in charge of the premises cannot
be located, the Director shall have recourse
to every remedy provided by law to secure
entry, including but not limited to the
provisions of Code of civil Procedure section
1822.50 .!rt, seq."
section 4.
Chapter 5.36 (Animal Control)
a) Chapter 5.36 of the Dublin Municipal Code is
amended by deleting Subsection B of section 5.36.060 and adding a
new subsection B, to read as follows:
"The Director shall have the authority to
enter the premises at any reasonable hour,
and to take up, impound, and safely keep any
animal upon denial, revocation, or suspension
of a permit or when an owner refuses to apply
for a permit, provided that, (i) if the
premises are occupied, he shall first present
proper credentials and demand entry; and (ii)
if the premises are unoccupied, he shall
first make a reasonable effort to locate the
owner or other persons having charge or
control of the premises to demand entry. If
entry is denied, or if the owner or
individual in charge of the premises cannot
be located, the Director shall have recourse
to every remedy provided by law to secure
entry, including but not limited to the
provisions of Code of civil Procedure
sections 1822.50 rt seq."
Page 3 of 8
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b) Chapter 5.36 of the Dublin Municipal Code is
amended by deleting subsection B of Section 5.36.540 and adding a
new Subsection B, to read as follows:
"The Director shall have the authority to
enter the premises at any reasonable hour,
and to take up, impound, and safely keep any
exotic animal upon denial, revocation, or
suspension of a permit or when an owner
refuses to apply for a permit, provided that,
(i) if the premises are occupied, he shall
first present proper credentials and demand
entry; and (ii) if the premises are
unoccupied, he shall first make a reasonable
effort to locate the owner or other persons
having charge or control of the premises to
demand entry. If entry is denied, or if the
owner or individual in charge of the premises
cannot be located, the Director shall have
recourse to every remedy provided by law to
secure entry, including but not limited to
the provisions of Code of Civil Procedure
sections 1322.50 rl sea."
section 5.
Chapter 5.60 (Weed and Litter Abatement)
Chapter 5.60 of the Dublin Municipal code is deleted.
section 6.
Chapter 5.64 (Propertv Maintenance)
a) section 5.64.110 of Chapter 5.64 of the DUblin
Municipal Code is amended by deleting the last sentence and
adding the following new sentence in its place, to read as
follows:
"Absent consent to enter the subject property
for the purpose of nuisance abatement, the
city Manager shall direct the City Attorney
to obtain the necessary judicial authority
for entry and abatement purposes."
Page 4 of 8
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b) Subsection A of Section 5.64.170 is amended by
deleting the second sentence and adding the following new second
sentence in its place, to read as follows:
"Absent consent to enter the subject property
for the purpose of nuisance abatement, the
city Manager shall direct the City Attorney
to obtain the necessary judicial authority
for entry and abatement purposes."
section 7.
Chapter 6.80 (Abatement of Abandoned Vehicles)
a) section 6.80.030 of Chapter 6.80 of the Dublin
Municipal Code is amended by deleting the second sentence and
adding the following new second sentence in its place, to read as
follows:
"The city Manager or other duly authorized
person may enter upon public property, or
with the consent of the property owner, upon
private property to inspect a vehicle or part
thereof, to obtain information as to the
identity of a vehicle or part thereof and to
remove or cause the removal of a vehicle or
part thereof, declared to be a public
nuisance by or pursuant to this chapter.
Absent consent to enter the subject property
for the purpose of inspection or nuisance
abatement, the City Manager shall direct the
City Attorney to obtain the necessary
judicial authority for inspection and
abatement purposes."
b) section 6.80.100 of Chapter 6.80 of the Dublin
Municipal Code is amended by deleting Section 6.80.100 and adding
a new section 6.80.100, to read as follows:
"If releases have been signed pursuant to
Section 6.80.050, or if a request pursuant to
Section 6.80.060 is not received, or if the
city Manager, after hearing, determines that
Page 5 of 8
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the vehicle or part thereof constitutes a
public nuisance, the city Manager or other
duly authorized person shall abate and remove
the vehicle or part thereof from the land in
accordance with the provisions of California
Vehicle Code sections 22660 ~ sea., except
as otherwise provided in sections 6.80.110,
6.80.120 and 6.80.130. Absent consent to
enter the subject property for the purpose of
nuisance abatement, the city Manager shall
direct the City Attorney to obtain the
necessary judicial authority for entry and
abatement purposes. After a vehicle has been
abated and removed, it shall not be
reconstructed or made operable, unless it is
a vehicle which qualifies for either
horseless carriage license plates or
historical vehicle license plates, pursuant
to section 5004 of the vehicle Code of the
state of California, in which case the
vehicle may be reconstructed or made
operable. (Ord. 59-87 § 10)"
section 8.
Chapter 7.52 (Abatement of Nuisances)
a) Chapter 7.52 of the Dublin Municipal Code is
amended by deleting Section 7.52.050 and adding a new section
7.52.050 to read as follows:
"Whenever necessary to make an inspection to
enforce any of the provisions of this code or
whenever the Enforcement Official or Hearing
Officer has reasonable cause to believe that
a violation of this Ordinance exists in any
building or any premises, or there exists in
any building or upon any premises any
condition which makes the building or
premises dangerous, substandard, unsanitary,
or a menace to life, health or property, he
may enter such building or premises at all
reasonable times to inspect the same or to
perform any duty imposed upon him by law,
ordinance, rule or regulation, provided that,
(1) if the building or premises is occupied,
he shall first present proper credentials and
demand entry; and (ii) if .the premises is
unoccupied, he shall first make a reasonable
Page 6 of 8
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effort to locate the owner or other persons
having charge or control of the premises to
demand entry. If entry is denied, or if the
owner or individual in charge of the premises
cannot be located, the Director shall have
recourse to every remedy provided by law to
secure entry, including but not limited to
the provisions of Code of Civil Procedure
sections 1822.50 ~ sea."
b) Subsection B of Section 7.52.140 of Chapter 7.52
of the DUblin Municipal Code is amended by deleting Subsection B
and adding a new Subsection B to read as follows:
"If the order of the Hearing Officer is not
complied with within the period designated,
the Enforcement Official may then demolish
the substandard building or portions thereof,
or may cause such other work to be done to
the extent necessary to eliminate the hazard
upon the substandard property and other
substandard conditions determined to exist by
Hearing Officer. Absent consent to enter the
subject property for the purpose of nuisance
abatement, The city Manager shall direct the
city Attorney to obtain the necessary
judicial authority for entry and abatement
purposes."
section 9.
Chapter 7.68 (Estab1ishina Riaht-of-Wav Lines)
section 7.68.100 of Chapter 7.68 of the DUblin
Municipal Code shall be amended by adding the following sentence
at the end of section 7.68.100:
"The ordinance establishing a right-of-way
lines shall be recorded by the city Clerk
with the County Recorder."
Page 7 of 8
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section 10.
postinq and Effective Date
This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage. 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
1991, by the following vote:
day of
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
city Clerk
, 14\ord\dmc·ohg..hs
Page 8 of 8
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2.32.010
Chapter 2.32
ELECTIONS
Sections:
2.32.010
2.32.020
Consolidation.
Extension of terms of
office.
Notification to registered
voters.
2.32.030
2.32.010 Consolidation.
The city municipal election shall be
consolidated with the statewide general
election which is held on the first Tuesday
after the first Monday in November in
even-numbered years. (Ord. 14-86 § I:
Ord. 11-84 § I)
2.32.020 Extension of terms of
office.
Pursuant to Section 36503.5(d) of the
Government Code, this section is
amended to read "City Council members
terms of office shall expire no later than
the fourth Tuesday after the day of the
general municipal election and until
their successors are elected and
qualified." (Ord. 14-86 § 2: Ord. 11-84 §
2)
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2.32.030 ~~:i~~ation to registered )'
Within thirty (30) days after the ordi-
nance codified in this chapter becomes
operative, the City Clerk shall cause a , Á~ . I ...1-
notice to be mailed to all registered voters r. dUu__U'-,
informing the voters of the change in the \,
election date and as a result of this i
change, elected City councilmember~S'¡
terms in office will be changed. (Ord.
14-86 § 3)
34
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4.16.010 1I((l(lIJYI~ß11IJ1jll1 tf..J 0~v.¡JfJ.--' r:!Ct .
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-'(Chapter 4.16 "Peddler" means and includes any
person whether a resident ofth~nincor-
poráted area of the county of Alamed,fur
not, traveling by foot, automotive vehi-
cle, or any other type of conveyance,
from place to place, from house to house,
carrying, conveying or transporting
goods, wares, merchandise, publications,
or other personal property or services
offering and e¡¡posing the same for sale,
or making sales; and further provided,
that one who solicits orders and as a sepa-
rate transaction makes deliveries to pur-
chasers as part of a scheme or design to
evade the provisions of this chapter shall
be deemed a "peddler" subject to the
provisions of this chapter. The word
"peddler" shall include the words
"hawker," "huckster)" "canvasser" and
"solicitor. "
"Person" means and includes the sin-
gular and the plural and shall also mean
and include any person, firm, or corpora-
tion, association, club, copartner or soci-
ety, or any other organization. (Ord. 13 §
1 (part), 1982: § 2-66,1, Alameda County
Code)
Sections:
4.16.010
4.16.020
4.16.030
4.16.040
4.16.050
4.16.060
4.16.070
4.16.080
4.16.090
4.16.100
4.16.110
4.16.120
4.16.130
PEDDLERS
Permit required.
Definitions.
Enforcement officer
designated.
Place of registration.
Permit-Application.
Permit-Investigation
and issuance.
Permit-Expiration.
Permit-Exhibition.
Permit-
Nontransferable.
Permitted hours of
activities.
Revocation of permit.
Appeal procedure.
Violation-Penalty.
4.16.010 Permit required.
A. It is unlawful for any person to
engage in the business of peddler within
the(unincorporated area' of the county of
Alamedg)without first obtaining a permit
as provided herein.
B. Permit fees therefor shall be
charged by the(SherifT)in the amount
established by resolution of the~oard of
Supervisors)upon recommendation of
the\<;herifT)(Ord. 13 § 1 (part), 1982: §
2-66,0, Alameda County Code)
4.16.020 Definitions.
For the purposes of this chapter, the
words set out in this section shall have the
following meanings:
4.16.030 Enforcement officer
designated.
¡tshall be the duty ofany~eputy Sher-
iffþf the founty of AlamedWto require
any person seen peddling, soliciting or
canvassing, and who is not known by
such officer to have a permit to produce
his permit and to enforce the provision of
this chapter against any person found to
be violating the same. (Ord. 13 § 1 (part),
1982: § 2-68.0, Alameda County Code)
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4.16.040 Place of registration.
"
The applicant for a pennit under this
chapter must register and obtain a pennit
! from the Sherifi's Department at the fol-
lowing places:
A. For operation within Eden Town-
ship, registration will be at the Sherifi's
Department S\lbstation, 224 West Win.
ton Avenue, Hayward, California;
B. For operation within Pleasanton or
Murray Township, registration will be at
the Santa Rita Rehabilitation Center,
Highway No. SO, Pleasanton, California.
(Ord. 13 § 1 (part), 1982: § 2-66.2,
Alameda County Code)
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4.16.050 Permit-Application.
Applicants for permits under this
chapter must file with the (Sheriffs
DepanmenJÞ sworn application in writ-
ing on a fonn to be furnished by the
(Sherifi's Departmen,Ywhich shall give the
following infonnation:
A. Name and description of the appli.
cant;
B. Address (legal and local);
e. A brief description of the nature of
the business:
D. [femployed. the name and address
of the employer;
E. The length of time for which the
right to do business is desired;
F. If a vehicle is to be used, a descrip-
tion of the same, together with license
number or other means of identification;
G. Two (2) photographs of the appli-
cant, which picture shall be two inches by
two inches (2" ~ 2") showing the head and
shoulders of the applicant in a clear and
distinguishing manner;
H. The fingerprints of the applicant;
.
4.16.040
L A statement as to whether or not the
applicant has been convicted of any
crime or misdemeanor involving moral
turpitude. (Ord. 13 § I (pan), 1982: §
2-66.3, Alameda County Code)
4.16.060 Permit-Investigation and
issuance.
A. Upon receipt of such application
the(Sheriffphall cause such investigation
of the applicant's business and moral
character to be made as he deems neces-
sary for the protection of the public good.
B. If, as a result of such investigation.
the applicant's character or business
responsibility is found to be unsatisfac-
tory, the(SherirQshall diS<lpprove same
and notify the applicant that his applica-
tion is disapproved and that no pennit
will be issued.
e. If, as a result of such investigation,
the character and business responsibility
of the applicant are fO\lnd to be satisfac-
tory, the(Sheriff)shall endorse on the
application his approval, execute a per-
mit addressed to the applicant for the
carrying on of the business applied for
and return said pennit to the applicant.
Such pennit shall contain the signature
of the issuing officer and shall show the
name and address of said pennittee. the
kind of goods to be sold thereunder, the
date of issuance and the length of time
the same shall be operative, The(Sheriff)
shall keep a record of all pennits issued
for a period of one (I) year from expira-
tion date. (Ord. 13 § I (part), 1982: §
2-66.4, Alameda County Code)
4.16.070 Permit-Expiration.
All penn its iss\led under the provi-
sions of this chapter shall expire on the
III
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4.16.070
date specified in the permit. (Ord. 13 § 1
(part), 1982: § 2-66.5, Alameda County
Code)
4.16.080 Permit-Exhibition.
Peddlers are required to exhibit their
permits at the request of any citizen.
(Ord. 13 § 1 (part), 1982: § 2-66.7,
Alameda County Code)
4.16.090 Permit-Nontransferable.
No permit issued underthe provisions
of this chapter shall be used at any time
by any person other than the one to
whom it was issued. (Ord. 13 § I (part),
1982: § 2-66.8, Alameda County Code)
4.16.100 ~rmitted hours of
activities.
Hours of activities of permittee are
limited from nine a.m. (9:00 a.m.) until
nine p.m. (9:00 p.m.); provided, that the
permittee will engage in no activities at
properties properly posted prohibiting
peddling. (Ord. 13 § 1 (part), 1982: §
2-66.6, Alameda County Code)
4.16.110 Revocation of permit.
Permits issued under the provisions of
this chapter may be revoked by the~her-
iff of the county of Alamed,Jat any time
for any of the following causes:
A. Fraud, misrepresentation or false
statement contained in the application
for the permit
B. Fraud, misrepresentation or false
statement in the course of carrying on his
business;
C. Any violation of this chapter;
.
D. Conviction of any crime or misde-
meanor involving moral turpitude;
E: Conducting the business of ped-
dling in an unlawful manner or in such a
manner as to constitute a breach of the
peace or to constitute a menace to the
health, safety, or general welfare of the
public. (Ord. 13 § I (part), 1982: § 2-68.1,
Alameda County Code)
4.16.120 Appeal procedure.
Any person aggrieved by the action of
the~heriq)in the denial of a permit or in
the revocation of a permit shall have the
right of appeal to the (Board of Super.
visors of the county of Alamed~ Such
appeal shall be taken by filing with the
(BoardofSupervisors)within five (5) days
after notice of the action complained of
has been given such person, a written
statement setting forth fully the grounds
for the appeal. The(Boar4shall set a time
and place for a hearing on such appeal
and notice of such hearing shall be given
to the applicant at least five (5) days prior
to the date set for the hearing. The deci-
sion and order of the (Board)on such
appeal shall be final and conclusive.
(Ord. 13 § 1 (part), 1982: § 2-68.2,
Alameda County Code)
4.16.130 Violation-Penalty.
Any person violating any of the provi-
sions of this chapter shall, upon
conviction thereot: be punished by a fine
not to exceed one hundred dollars ($100)
or by imprisonment not to exceed sixty
(60) days, or both such fine and
imprisonment. (Ord. 13 § I (part), 1982: §
2-68.3, Alameda County Code)
112
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must, upon demand by the Director, per-
mit such inspection of records, opera-
tions, facilities or other matters as may be
necessary to ensure compliance with this
chapter. (Ord. 2-86 § 2 (5-504»)
5.32.340 Right of entry.
A. Whenever necessary to makc an
inspection to enforce any of thc provi-
sions of this chaptcr. or whenever the
Dircctor has rcasonable cause to belicvc
that there exists in any building or upon
any prcmiscs any condition which con-
stitutes a violation of thc provisions of
this chaptcr. thc Dircctor may enter such
building or premiscs at all reasonable
times to inspect the same or perform any
duty imposed upon the Director by this
chapter; provided, that (i) if such build-
ing or premises be occupied. he shall first
present proper credentials and demand
entry; and (ii) ifsuch building or premises
be unoccupied. he shall first make a rea-
sonable effort to locate the owner or
other persol1s having charge or control of
the b~ding or premises and demand
entry.~such entry is refused the Director
shall have recourse to every remedy pro-
vided by law to secure entry]
B. No owner or occupant or any other
person having charge, care or control of
any building or premises shall fail or
refuse, after proper demand made as
herein provided. promptly to permit
entry therein by the Director for the pur-
pose of inspection and examination pur-
suant to this chapter. (Ord. 2·86 § 2
(5-505»)
5.32.350 Nuisance-Civil remedies.
The violation of any of the provisions
of this chapter shall also be deemed a
.
5.32.330
nuisance, and a civil action may be
brought to abate, enjoin or othelWise
compel the cessatiol1 of such nuisance.
(Ord. 2-86 § 2 (5-506))
5.32.360 Violation-Penalty.
Any person who shall violate any of
the provisiol1s of Section 5.32.050. Sec·
tions 5.32.130 and 5.32.150. Sections
5.32.160 through 5.32.180 or Section
5.32.240 shall be guilty of a misde-
meanor, and upon cOl1viction thereof
shall be punished by a line not to e;l;ceed
one thousand dollars ($1.000) for each
violation. or by imprisonment in the
County Jail for 110t more than six (6)
months, or both. Any person who shall
violate any of the provisions of Sections
5.32.060. 5.32.070 or 5.32.080 shall be
.guilty of an infmction and upon convic-
tion thereof shall be punished as pro-
vided in Government Code Section
36900. The Director and/or Alameda
County Health Officer are designated as
the enforcement authority of those provi-
sions which are designated as infractions.
(Ord. 14-88 § 2: Ord. 2-86 § 2 (5-507»)
Article VI. Procedures for Revocation
of Permits
5.32.370 Failure to furnish reqoested
information.
The Director may at any time require
any person to whom a permit has been
granted under this chapter to furnish the
Director with the plans and a report of
operations conducted by such permittee.
If the holder of such permit wilfully fails
and refuses to furnish such plans and
report of operations to the Director
within a reasonable time after such
157
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3. The pennittee ha.<J at the place for
which the pennit is issued, failed to
provide any exotic animal with proper
food, water, shelter or attention; or
4. The pennittee ha.<J violated any
rules, regulations or conditions
adopted by the Director a.<J necessary
to insure the exotic animal will not
endanger the peace, health or safety of
any person or property; or
5. The pennittee has changed the
location of his residence or his place of
business or sells, assigns, transfers,
donates, lea.<Jes, or otherwise disposes
of the exotic animal for which the per·
mit was issued.
B. If, after investigation, the Direc-
tor concludes that it is probable that
one or more of the above grounds for
revocation has occurred, he shall cause
written notice thereof to be transmit-
ted by certified mail to the address of
the pennittee. Such notice shall spec-
ify the grounds for possible revocation
of the penn it and shall specify a date
and time for an ¡nfonnal hearing to be
held before the Director thereon. Said
date shall be not less than ten days
subsequent to the date of deposit, of
the notice in the mail.
C. After the informal hearing, the
Director may modify the terms ability
and/or willingness to comply with the
requirements of this article.
D. In the event that it is reasonably
necessary to protect against an imme-
diate threat or danger to the public
health or safety, the Director may sus-
pend any permit summarily, without a
hearing, for a period not to exceed
thirty (30) days. (Ord. 27·87 § 53)
173
.
5.36.530
5..36.540 Inspection-
Impoundment.
A. The premises on which an
exotic animal is maintained shall be
open at any reasonable hour for
inspection by the Director. ~
B. The Director shall have the ._
authority to enter the premises at any JJ. Ltllzß
rea.<Jonable hour in a lawful manner, :t /ll¡f¡j{
and to take up, impound, and safely 'if£,'
keep an exotic animal upon denial, ~:_, 'A..
revocation, or suspensioll of a pennit . ¡ j!U/
or when any ownerrefuses to apply for Y¿;:l+:!Ç;r4.
a pennlt. C
C. Procedures for the reclamation,
redemption and destruction of
impounded exotic animals shall be
accomplished pursuallt to Section
5.36.370 et seq. (Ord. 27-87 § 54)
5..36.550 Exemptions.
The provisions of this article are not
applicable to the following:
A. Owners who use animals for
diagnostic purposes or research, and
who have a valid pennit issued by a
governmental agency and whose ani.
mals are kept on the premises specified
in the pennit;
B. Owners who use animals for
teaching purposes in recognized edu-
cational institutions and whose ani·
mals are kept on the premises of the
institution or other authorized place:
C. Owners of establishmellts which
treat or board animals on the premises
and which are owned or operated by
veterinarians licensed by the state of
California;
D. Owners who are engaged in agri-
culture a.<J a permitted use pursuant to
.
5.60.010
JJfl1fv j.ÆtUzo 'f
"'IChapter 5.60
WEED AND LITfER ABATEMENT
Sections:
5.60.010
5.60.020
5.60.030
5.60.040
Declaration of findings.
Definitions.
Litter prohibited.
Enforcement.
5.60.010 Declaration of findings.
The Board of Supervisors finds and
declares that the accumulation upon
streets, sidewalks and private property of
rubbish, garbage, grass, weeds and other
rank growths may cause serious fire haz-
ards, provide a harborage for rodents and
a breeding media for insects; that such
wastes by their presence may injuriously
affect the health, safety, comfort and wel-
fare of persons in the vicinity thereof; and
that such wastes produce unsightliness
resulting in depreciation of property val-
ues and the comfortable enjoyment of
life. (§ 3-150.0, Alameda County Code)
5.60.020 Definitions.
Definitions as used in this article:
"Garbage" means putrescible animal
and vegetable wastes resulting from the
handling, preparation, cooking and con-
sumption of food.
"Litter" means "garbage" and "rub-
bish" as defined herein and all other
waste material which, if thrown or depos-
ited as herein prohibited, tends to create a
danger to public health, safety and wel-
fare.
.
"Rubbish" means nonputrescible
solid wastes consisting of both combusti-
ble aI1d noncombustible wastes, such as
paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood,
grass, bedding, crockery and similar
materials. (§ 3-150.1, Alameda County
Code)
5.60.030 Litter prohibited.
It is unlawful for any person to place or
maintain or permit to be placed or main-
tained upon any street, sidewalk or prop-
erty owned or occupied by that person
any litter, dirt, grass, weeds or other rank
growths in such a manner as to be inju-
rious to the health, safety or economic
welfare of the residents of the vicinity. (§
3-150.2, Alameda County Code)
5.60.040 Enforcement.
The provisions of this chapter may be
enforced pursuant to the provisions of
Chapter 6 of Title 7 of the Alameda
County Code. If any violation of this
chapter constitutes a seasonal and recur-
rent n]Jisance, the Board of Supervisors
shall so declare. Thereafter such seasonal
and recurrent nuisance shall be abated
every year without the necessity of any
further hearing. The procedure set forth
in Section 3-34.2(c) of the Alameda
County Code shall be followed in the case
of any violation of this chapter which has
previously been declared to constitute a
seasonal and recurrent nuisance. (§
3-150.3, Alameda County Code)
194
.'.':
.
found to constitute a public nuisance
as defined in this Ordinance and if the
same is not promptly abated by the
owner, such nuisance may be abated
by municipal authorities, in which
case the cost of such rehabilitation,
repair or demolition will be assessed
upon such property and such costs,
together with interest thereon, will
constitute a lien upon such property
until paid; in addition, you may be
cited for violation of the provisions of
the City ordinances and subject to a
fine.
Said alleged conditions consist of
the following:
,
The methodes) of abatement are:_
All persons having an interest in
said matters may attend the hearing
and their testimony and evidence will
be heard and given due consideration.
Dated this ~ day of _, 19_.
City Manager
Time and Date of Hearing:
Location of Hearing:
(Ord. 13-88 § 3.3)
.
5.64.090
5.64.100 Administrative hearing-
Procedure.
A. At the time stated in the notice, the
City Manager shall hear and consider all
relevant evidence, objections or protests,
and shall receive testimony under oath
relative to such alleged public nuisance
and to proposed rehabilitation, repair,
removal or demolition of such property.
The hearing may be continued from time
to time.
B. If the City Manager finds that such
public nuisance does exist and that there
is sufficient cause to rehabilitate, demol-
ish, remove or repair the same, the City
Manager shall prepare findings and an
order, which shall specify the nature of
the nuisance, the methodes) of abate-
ment and the time within which the work
shall be commenced and completed. The
, order shall include reference to the right
to appeal set forth in Section 5.64.120. A
copy of the findings and order shall be
served on all owners of the subject prop-
erty in accordance with the provisions of
Section 5.64.090. In addition, a copy of
the findings and order shall be forthwith
conspicuously posted on or near the
property. (Ord. 13-88 § 3.4)
5.64.110 Nuisance finding-
Procedure when no appeal.
In the absence ofany appeal, the prop-
erty shall be rehabilitated, repaired,
removed or demolished in the manner
and means specifically set forth in the
findings and order. In the event the owner
fails to abate the nuisance as ordered the
City Manager shall cause the same to be
abated by City employees or private con-
tract. The costs shall be billed to the
owner, as specified in Section 5.64.170.
199
.
5.64.110
,JJLÚCI1,
'Ill.! jJ(df'.¿ he City Manager is expressly autho-
aiLttL rized to enter upon the property for such
111m. purposes. (Ord. 13-88 § 3.5)
/¿J.¿tMdfP..5.64.120 Appeal prucedure.
(j A. The owner may appeal the City
Manager's findings and order to the City
Council ("Council") by filing an appeal
with the City Clerk within seven (7) cal-
endar days of the date of service of the
City Manager's decision. The appeal
shall contain:
I. A specific identification of the sub-
ject property;
2. The names and addresses of all
appellants;
3. A statement of appellant's legal
interest in the subject property;
4. A statement in ordinary and con-
cise language of the specific order or
action protested and the grounds for
appeal, together with all material facts in
support thereof;
5. The date and signatures of ail
appellants; and
6. The verification of at least one (l)
appellant as to the truth of the matters
stated in the appeal.
B. As soon as practicable after receiv-
ing the appeal, the City Clerk shail 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 moo. 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
personaily or by mailing a copy thereof,
postage prepaid, addressed to the
200
.
appellant at his address shown on the
appeal. 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. (Ord. 13-88 §
3.6)
5.64.130 Appeal hearing procedure.
A. All hearings shall be tape recorded.
B. Hearings need not be conducted
according to the technical rules of evi-
dence.
C. Hearsay evidence may be used for
the purpose of supplementing or explain-
ing any direct evidence, but shall not be
sufficient in itself to support a finding
unless it would be admissible over objec-
tion in civil actions in courts of compe-
tent jurisdiction in this state. Any
relevant evidence shall be admitted if it is
the type of evidence on which reasonable
persons are accustomed to rely in the
conduct of serious affairs, regardless of
the existence of any common law or stat·
utory rule which might make improper
the admission of such evidence over
objection in civil actions in courts of
competent jurisdiction in this state.
D.Oral evidence shall be taken only
on oath or affirmation.
E. Irrelevant and unduly repetitious
evidence shall be excluded. (Ord. 13-88 §
3.9)
5.64.140 Decision by City CuunciL
Upon the conclusion of the hearing,
the Council shall determine whether the
property or any part thereof, as main-
tained, constitutes a public nuisance. If
the Council so finds, the Council shall
adopt a resolution declaring such prop-
erty to be a public nuisance, setting forth
JJif+¡ß, :f;,
I /t¡J.pûc¿;
. " ·'1 i
(Uit lJ // :!/.Ù/
/Z~'i {,-( "u/e,;·
{/
.
its findings and ordering the abatement
of the same by having such property
rehabilitated, repaired, removed or
demolished in the manner and means
specifically set forth in the resolution.
The resolution shall set forth the time
within which such work shall be com-
pleted by the owner, in no event less than
thirty (30) days. The decision and order
of the Council shaH be final. (Ord. 13-88 §
3.7)
5.64.150 Service of order to abate.
A copy ofthe resolution of the Council
ordering the abatement of said l1uisance
shaH be served upon the owner(s) of the
property in accordal1ce with the provi-
sions of Section 5.64.090. Upon abate-
ment in full by the owner, the
proceedings hereunder shall terminate.
(Ord. 13-88 § 3.8)
5.64.160 Fi1il1g appeal of City
Council's decision-Time
limit.
Any action appealing the Council's
decision and order shall be commenced
within thirty (30) calendar days of the
date of service of the decision. (Ord.
13-88 § 3.11)
5.64.170 Abatement by city.
A. If such nuisance is not abated as
ordered within the abatement period, the
City Manager shall cause the same to be
abated by city employees or private con-
tract. {The City Manager is expressly
authorized to enter upon said property
for such purpose~The cost, including
incidental expenses, of abating the nui-
sance shall be billed to the owner and
shall become due and payable thirty (30)
201
.
5.64.140
days thereafter. The term "incidental
expenses" means and includes, but is not
limited to, pernonnel costs, both direct
and indirect, including attorney's fees;
costs incurred in documenting the nui-
sance; the actual expenses and costs of
the City in the preparation of notices,
specifications and contracts, and in
inspecting the work; and the costs of
printing and mailing required hereunder.
B. A person shall not obstruct,
impede, or interfere with the City Man-
ager. or his 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, carrying out an abatement
order issued pursuant to Sectiol1s
5.64.100 and 5.64.140 of this chapter.
(Ord. 13-88 § 3.10)
5.64.180 Demolition restrictions.
No property shall be found to be a
public nuisance under Sections 5.64.040
K or 5.64.050 J and ordered demolished
unless the order is based on competent
sworn testimony and it is found that in
fairness and in justice there is no way
other than demolition reasonably to cor-
rect such nuisance. (Ord. 13-88 § 3.12)
5.64.190 Notice of intent to
demolish.
A copy of any order or resolution
requiring abatement by demolition
under Sections 5.64.100 or 5.64.150 shall
be forthwith recorded with the Alameda
County Recorder. (Ord. 13·88 § 3.13)
Article IV. Lien Procedure
5.64.200 Record of cost of
abatement.
The City Manager shall keep an
account of the cost, including incidental
.
6.80.020
unreasonable in relation to uses permit-
ted in the zoning district in which such
vehicles or parts of vehicles are kept.
"Wrecked vehicle" means a vehicle
which has suffered physical damage to
the extent that it either physically or
legally cannot be driven upon a street.
(Ord. 59-87 § 2)
6.80.030 Enforcement official
designated.
This chapter shall be administered by
the City Manager, except that the
removal of vehicles or parts thereoffrom
11. property may~ by any other duly autho-
r:J.V-k~ rized person.lIhe City Manager or other
1. Jt¿µ4'(.¿~UlY authorize~ person may enter upon
(¡(Félú pnvate or pubhc property to exam me a
/,~ A . . vehicle or part thereof. to obtain Înfor-
. I Ué4..!. mation as to the identity of a vehicle or
/7J.e/¿(,-( il.¢G.part thereof and to remove or cause the
o removal of a vehicle or part thereof,
declared to be a public nuisance by or
pursuant to this chapter. (Ord. 59-87 § ~
6.80.040 Applicability.
A. This chapter shall not apply to:
I. A vehicle or part thereof which is
completely enclosed within a building in
a lawful manner where it is not visible
from the street or other public or private
property; or
2. A vehicle or part thereof which is
stored or parked in a lawful manner on
private property in connection with the
business of a licensed dismantler,
licensed vehicle dealer or licensed
junkyard, or when such storage or park.
ing is necessary to the operation ofa law-
fully conducted business or commercial
enterprise.
270
.
B. Provided, however, that this excep-
tion shall not authorize the maintenance
of a public or private nuisance as defined
under provisions of law other than this
chapter or Chapter 10 of Division II of
the Vehicle Code of the state of Califor-
nia. (Ord. 59-87 § 4)
6.80.050 Notice of intention to
abate.
A. A ten (10) day notice of intention
to abate and remove a vehicle or part
thereof as a public nuisance shall be
mailed by registered or certified mail to
the owner of the land as shown on the last
equalized assessment roll and to the last
registered and legal owners of record
unless the vehicle or part thereof is in
such condition that identification num-
bers are not available to determine
ownership. No such notice shall be
required if the property owner and the
owner of the vehicle or part thereofhave
signed releases authorizing removal and
waiving further Înterest in the vehicle or
part thereof. Such notice shall contain a
statement of the hearing rights of the
owner of the property on which the vehi-
cle or part thereof is located and the
owner of the vehicle and the information
contained in Vehicle Code Section
22661(d). The statement shall include
notice to the property owner of his option
under Section 6.80.080. The notice shall
be mailed by registered or certified mail
to the owner of the land as shown on the
last equalized assessment roll and to the
last registered and legal owners of record
unless identification numbers are not
available due to the condition of the vehi-
cle.
.
B. Notice of intention to abate, as pro-
vided in subsection A of this section, is
not required for removal of a vehicle or
part thereof which is inoperable due to
the absence of a motor, transmission. or
wheels and incapable of being towed, is
valued at less than two hundred dollars
($200) by a person specified in California
Vehicle Code Section 22855, and is
detennined by the City Manager to be a
public nuisance presenting an immediate
threat to public health or safety; pro-
vided, that the property owner has signed
a release authorizing removal and waiv-
ing further interest in the vehicle or part
thereof. The City Manager shall not dis-
pose of any such vehicle under California
Vehicle Code Section 22662 unless he
shall have provided notice to the regis-
tered and legal owners of intent to dis-
pose of the vehicle or part, and the
vehicle or part is not claimed and
removed within twelve (12) days after the
notice is mailed. This subsection applies
only to inoperable vehicles located upon
a parcel that is (I) zoned for agricultural
use; or(2) is not improved with a residen-
tial structure containing one or more
dwelling units. (Ord. 59·87 § 5)
6.80.060 Public hearing upon
request.
Upon req uest by the owner of the vehi-
cle or part thereof or the owner of the
land on which such vehicle or part
thereof is located, delivered to the City
Manager within ten (10) days after the
mailing of notice of intention to abate
and remove the vehicle or part thereof, a
pUblic hearing shall be held by the City
Manager to detennine whether the vehi-
cle or part thereof shall be abated and
.
6.80.050
removed as a public nuisance and
whether the administrative costs and the
costs of abatement and removal shall be
assessed against the land. A sworn writ-
ten statement of the owner of the land
denying responsibility for the presence of
the vehicle or part thereof on his land
shall be construed as a request for hear-
ing. (Ord. 59-87 § 6)
6.80.070 Notice of hearing.
The City Manager shall set a date for
the public hearing and shall deliver
notice thereof to the persons and in the
manner specified in Section 6.80.050 not
less than ten (10) days prior to such date.
(Ord. 59-87 § 7)
6.80.080 Hearing procedure.
The hearing shall be held before the
City Manager who shall hear all facts and
testimony he deems pertinent. Such facts
and testimony may include testimony on
the condition of the vehicle or part
thereof and the circumstances concern-
ing its location on private property or
public property. The City Manager shall
not be limited by the technical rules of
evidence. The owner of the land on
which the vehicle or part thereof is
located may appear in person at the hear-
ing or present a sworn written statement
denying responsibility for the presence of
the vehicle or part thereof on the land,
with his reasons for such denial. (Ord.
59-87 § 8)
6.80.090 Finding-Landowner not
liable.
If it is detennined at the hearing that
the vehicle or part thereof was placed on
271
J1Llt.f¿
1. !I/ ¡/0d
[Li(l¡£
íf/1..W .
/[}¿1(W .
.
6.80.090
the land without the consent of the land-
owner and that he has not subsequently
acquiesced in its presence, the City Man-
ager shall not assess costs of administra-
tion or abatement and removal against
the land or otherwise attempt to collect
such costs from such owner. (Ord. 59-87
§ 9)
6. 0.100 Abatement of vehicle.
If releases have been signed pursuant
to Section 6.80.050, or if a request pur-
suant to Section 6.80.060 is not received,
or if the City Manager, after hearing,
determines that the vehicle or part
thereof constitutes a public nuisance, the
City Manager or other duly authorized
person shall abate and remove the vehi-
cle or part thereof from the land in
accordance with the provisions of Cal-
ifornia Vehicle Code Sections 22660 et
seq., e¡¡cept as otherwise provided in Sec-
tions 6.80.110, 6.80.120 and 6.80.130.
After a vehicle has been abated and
removed, it shall not be reconstructed or
made operable, unless it is a vehicle
which qualifies for either horseless car-
riage license plates or historical vehicle
license plates, pursuant to Section 5004
of the Vehicle Code of the state of Cal-
ifornia, in which case the vehicle may be
, reconstructed or made operable. (Ord.
~-87 § 10)
6.80.110 Appeal-Hearing required.
The owner of the land upon which the
vehicle or part thereof is located or the
owner of the vehicle or part thereof may
appeal the determination after hearing of
the City Manager to the City Council by
filing written notice thereof with the City
Clerk within five (5) days after having
.
received notice of such determination
from the City Manager. If such notice is
filed, the City Council shall hold a public
hearing thereon. (Ord. 59-87 § 11)
6.80.120 Notice of appeal hearing.
The pty Clerk shall set a date for the
public hearing on appeal and shall
deliver notice thereof to the persons and
in the manner specified in Section
6.80.050 not less than five (5) days prior
to such date. (Ord. 59-87 § 12)
6.80.130 Hearing de novo.
The City Council shall hold a public
hearing de novo on the appeal. The City
Council shall succeed to and may e¡¡er-
cise all powers otherwise vested in the
City Manager by this chapter. The deter-
minatipn of the City Council shall be
final. (Ord. 59-87 § 13)
6.80.140 Assessment of costs.
E¡¡cept as provided in Section
6.80.090, the costs of administration and
removal may be assessed against the land
from which the vehicle or part thereof
was abated and removed, to be collected
at the same time and in the same manner
as ordinary city tai\es are collected, and
shall be subject to the same penalties and
the same procedure and sale in case of
delinquency as provided for ordinary city
taJ!.es. All laws applicable to the levy, col-
lection and enforcement of city tai\es
shall be applicable to such assessment.
(Ord. 59-87 § 14)
6.80.150 Notice to Department of
Motor Vehicles.
Within five (5) days after abatement
and removal, notice shall be given to the
272
.
"Party concerned" means the pernon,
ifany in real or apparent charge and con·
trol of the substandard property, the
record owner, the holder of any mort-
gage, trust deed or other lien or
encumbrance of record, the owner or
holder of any lease of record, the record
holder of any other estate or interest in or
to such property. As used in this subsec-
tion all reference to "record" means mat-
tern ofrecord in the office of the County
Recorder of the county of Alameda
which definitely and specifically
describes the premises involved.
"Substandard conditions" mean and
include, but are not limited to, the fol.
lowing:
A. An existing building, structure,
electrical, plumbing or mechanical
installation or portion thereof which is
dangerous as defined in Sections
7.28.050 through 7.28.080, which is sub-
standard as defined in Section 7.28.090,
or which is illegal as defined in Section
7.28.100;
B. The existence of any other condi·
tion to an extent that endangern the life,
limb, health, property, safety, or welfare
of any pernon.
"Substandard property" means and
includes any building, structure or land
upon which substandard conditions
exist. (Ord. 21-89 §§71.l, 71.2, 71.3, 71.4,
71.5, 71.9)
7.52.030 Enforcement Official
designated.
The Enforcement Official or his
designee shall be the person authorized to
administer the provision of this chapter
shall be as follows:
.
7.52.020
A. The Building Official for mattern
regulated in Chapters 7.32, 7.36, 7.40,
7.44 and 7.48 except as set forth in sub-
section B of this section;
B. The Alameda County Health
Officer for matters pertaining to private
water supplies, private sewage disposal
systems, infestation of insects. vermin or
rodents, storage and removal of garbage,
sanitation of bedding;
C. The Director of Public Works for
mattern regulated in Chapter 7.16. (Ord.
21-89 § 71.6)
7.52.040 Hearing Officer
designated.
The Hearing Officer authorized to
conduct hearings under this chapter or
his designee shall be as follows:
A. The Alameda County Health
Officer in proceedings initiated by the
Director of the Environmental Health
Division;
B. The City Council in proceedings
initiated by the Building Official or
Director of Public Works. (Ord. 21-89 §
71.7)
7.52.050 Right of entry. \
Whenever necessary to make an \
i~spection to enforce any of the provi- I,ÆiCL¿{;;
SlOns of this code or whenever the I d II _.-
Enforcement OlIicial or Hearing Onicer /. '.' lJ.¡lal
has reasonable cause to believe that a ().{r¡£//'i¡.
violation of this Ordinance exists in any ¡"2L.¿It/l( (J1!.I:
building or any premises, or there exists ~ l
in any building or upon any premises any
condition which makes the building or
premises dangerous, substandard, {
unsanitary, or a menace to life, health or
property, he may enter such building or
premises at all reasonable times to
417
.
7.52.050
inspect the same or to perform any duty
imposed upon him by law, ordinance,
rule, or regulation; provided that if such
building or premises is occupied, he shall
first present proper credentials and
demand entry. If such entry is refused,
the Enforcement Official shall have
recourse to every remedy provided by
law to secure entry, specifically as pro-
vided in Code of Civil Procedure Sec-
tions 1822.50 et seq. (Ord. 21·89 § 71.8)
Article II. Enforcement Procedures
7.52.060 Determination of
Enforcement Official.
Whenever the Enforcement Official
determines by inspection that any exist-
ing building or portion thereof, or any lot
or other premises, is substandard prop-
erty, as defined in this chapter, such
building or premises, or both, are hereby
declared a public nuisance, and the
Enforcement Official may order the
abatement of the nuisance by demoli-
tion, repair or rehabilitation of the sub-
standard building portion thereof or at
the option of the party concerned by
demolition thereof. The order also may
require that the building be vacated. If
the premises are substandard the
Enforcement Official also may order that
the substandard conditions be
removed.(Ord. 21-89 § 72.0)
7.52.070 Informal notice.
When the Enforcement Official has so
found, in addition to any notices here-
after required by this chapter, he may
give to the occupants of the substandard
property, and to any other person whom
.
he deems should be so notified, informa-
tion concerning the provisions of this
chapter, any violation thereof, how the
person notified may comply and any
other information as he deems expedi-
ent. He may post such information on
the substandard property. (Ord. 21-89 §
72.1)
7.52.080 Order of Enforcement
Official.
A. If, in the opinion of the Enforçe-
ment Official, the property is found to be
substandard, the Enforcement Official
may give to the party concerned written
notice thereof;
B. The notice shall set forth the street
address and a legal description or the
County Assessor's designation of the
premises, contain a concise but complete
description of the facts constituting the
public nuisance with reference to
applicable Code sections; and the pro'
posed method of abatement;
C. The notice may require the owner
or person in charge of the substandard
property to complete the required abate-
ment of the substandard conditions
within thirty (30) days, or such other time
limit as the Enforcement Official may
stipulate; and shall direct them to appear
before the Hearing Officer at a stated
time and place and show cause why such
substandard property should not be con-
demned as a nuisance and said nuisance
be abated as herein provided;
D. The notice shall advise the owner
or person in charge or control of the
building, structure or premises, and all
interested persons, that failure to appear
at the hearing may be deemed an admis-
sion by him of the acts or omissions
418
.
.
B. The order of abatement shall set
forth the street address of the substan-
dard property and a legal description of
the premises sufficient for identification.
It shall contain a statement of the partic-
ulam of the conditions which render the
building, structure or premises a public
nuisance, and a statement of the work
required to abate the nuisance. Refer-
ence may be made to the notice of hear-
ing for such statement ofparticulam with
an appropriate modification thereof.
C. The order shall specify the dates to
commence and complete the work of
abatement.
D. The time to commence or com-
plete the work may be e1\tended for good
cause upon written application.
E. A copy of the order of abatement
shall be posted in a conspicuous place
upon the building or structure or other-
wise upon the substandard property; and
shall be served in the manner prescribed
for the service of notice of hearing. (Ord.
21·89 § 72.7)
7.52.140 Work by private party or
agency.
A. Any pemon having the legal.right
to do so may repair or demolish a sub·
standard building or do any other work
required to remove the substandard con-
ditions at any time prior to the time when
the Enforcement Official does so, but if
such person does such work after the
time specified in the last order of the
Hearing Officer, all costs incurred by the
city in preparation for the doing of such
work aTe chargeable to the property and
shall be collected as hereinafter provided.
.
7.52.130
B. If the order ofthe Hearing Officer is
not complied with within the period des-
ignated, the Enforcement Official may
then demolish the substandard building
or portions thereof, or may cause such
other work to be done to the e1\tend nec-
essary to eliminate the hazard upon the
substandaTd property and other substan-
dard conditions detennined to e1\ist by
Hearing Officer.
C. When in the opinion of the
Enforcement Official substandard prop-
erty or portion thereof is an immediate
hazard to health or property, and the
abatement of such hazard requires
prompt action, the Enforcement Official
may then abate the substandaTd condi-
tion or may cause such other work to be
done to the e1\tent necessary to eliminate
the hazard as provided in Section
7.52.080 E and without amendment to
the order of abatement.
D. The Enforcement Official may
cause the material of any building or
structure ordered to be demolished to be
sold. The sale shall include stipulations
that the building or structure be forth-
with demolished, the wreckage, and
- debris removed and the lot cleaned. The
Enforcement Official may sell any such
building singly or otherwise, as he may
deem appropriate in order to insure that
the consideration obtained from ooe or
more building shall be adequate to pay
the cost of demolition and cleaoing the
site. Any surplus from the sale of any
such building or structure, or group of
buildings or structures, over and above
the cost of demolition and cleaniog the
site shall be distributed to persons law-
fully entitled thereto. Any work of abate-
ment performed by the Enforcement
421
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1. !u¡X~l (:',
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flU 1(;(11
.
7.68.100
7.68.100 Action by City Council.
At the time set for hearing, or at any
time to which the hearing may be con-
tinued, the City Council shall proceed to
hear and pass upon all protests or objec-
tions filed pursuant hereto its decision
shall be final and conclusive. The City
Council may sustain any objections and
abandon such proceeding, deny any and
all objections and by ordinance establish
said right-of-way lines described in the
resolution, or it may deny any and all
objections and by ordinance establish
such right-of-way lines with such changes
and modifications as it shall detennine to
be proper:'(Ord. 44-87 § 10)
~ ade( I2vn U;n.C{j.
7.68.110 Effect of right-of-way line.
Whenever any ordinance establishing
any right-of-way line or lines shall
become effective, it shall thereafter be
unlawful for any person, firm, part-
nership, corporation, or other entity to
construct or erect any building or struc·
ture within the right-of-way established
by the newly established right·of-way
line. (Ord. 44-87 § 11)
7.68.120 Nonconforming structures.
Existing buildings or structures non-
conforming to the requirements of
estahlished right-of-way lines shall not be
altered or enlarged in any manner. (Ord.
44-87 § 12)
7.68_130 Variance procedure.
Variance may be granted from the
provisions ofthis chapter where unneces-
sary or unusual hardship is shown and
where such variance will not defeat the
purposes of the right-of-way lines estab-
lished by this chapter; provided, that the
438
.
applicant waives all claims for compen-
sation and damages caused by the taking
of any property affected by such a vari-
ance pursuant to the exercise of the right
of eminent domain or any other right of
this city or any other action.
B. The provisions governing the pro-
cedure for variances and appeals from
the zoning ordinance of the city shall
apply to the procedures for variances and
appeals from the provisions of this chap-
ter. (Ord. 44-87 §§ 13, 14)
7.68.140 Yard requirements-
Additional.
Yard and other requirements of the
zoning ordinance shall be separately
applied as requirements additional to
right-of·way line requirements required
herein. All yards, setbacks, and such reg-
ulatio'ns of the zoning ordinance of the
city shall be measured from the estab-
lished right-of-way lines herein. N otwith-
standing any provision to the contrary,
however, that portion of any parcel that
lies between established right-of-way
lines shall be considered as part of the lot
area when detennining the number of
dwelling units that may be placed on a
parcel or the percentage of lot area that
may be covered by buildings or struc-
tures. (Ord. 44-87 § 15)
7.68.150 Previously established
right-oC-way lines.
The following right-of-way lines have
previously been established by ordinance
prior to the adoption of this ordinance,
and the provisions of this chapter govern-
ing the establishment of right-of-way
lines shall not apply to these previously-
established right-of-way lines: