HomeMy WebLinkAboutOrd 09-91 Amend/Delete Muni CodORDINANCE NO. 9 - 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 ~.
ChaDter 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 Councilmembers' 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 Z.
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
Change all references to
',unincorporated area of
the County" to "City of
Dublin."
Change all references to
"Board of Supervisors" to
"City Council."
· Change all references to
"Sheriff" and "Deputy
sheriff" to "Chief of
Police."
Change all references to
"Sheriff's Department" to
"Dublin Police
Department."
b) Section 4.16.040 of the Dublin Municipal 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 for a permit under this chapter must
register and obtain a permit from the Chief of Police."
Page 2 of 8
Section 3.
Chapter 5.32 (Solid Waste Management)
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 et 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 et seq."
Page 3 of 8
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 1822.50 et seq."
Section 5.
Chapter 5.60 (Weed and Litter Abatement)
Chapter 5.60 of the Dublin Municipal Code is deleted.
Section 6.
Chapter 5.64 (Property 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
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
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 et seq., 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,
(i) 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
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 et seq."
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 (Establishing Right-of-Way 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
Section 10.
Posting 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 28th day of May ,
1991, by the following vote:
AYES'.
NOES:
ABSENT:
Councilmembers Howard, Jeffery, Moffatt and Mayor Snyder
None
Councilmembers Burton
ABSTAIN: None
ATTEST:
114\o rd\dmc- chg. ehs
Page 8 of 8