HomeMy WebLinkAboutOrd 28-08 MuniCode Abate Cost Recov
ORDINANCE NO. 28 - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADDING SECTION 1.04.061 TO THE DUBLIN MUNICIPAL CODE AND
RELATING TO NUISANCE ABATEMENT COST RECOVERY
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 contains several Chapters declaring certain
conditions to be nuisances and which provide various procedures for the collection of costs incurred by
the City in the abatement of said conditions; and
WHEREAS, the City Council desires to amend the Dublin Municipal Code to establish uniform
procedures for the collection of costs incurred by the City in the abatement of nuisances.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Section 1.04.061 of the Dublin Municipal Code is hereby added to Chapter 1.04, and
all other provisions of Chapter 1.04 shall remain in full force and effect:
1.04.061 Recovery of nuisance abatement costs incurred by the City.
A. The total cost for abating a nuisance, as confirmed by resolution of the City Council, shall
constitute a special assessment against the respective lot or parcel of land to which it relates. The
Administrative Services Director shall record in the office of the County Recorder a Notice of Lien, based
on the resolution, which shall constitute a lien on the property for the amount of such assessment.
B. When the assessment has been so confirmed and recorded, the Administrative Services Director
shall send by certified mail and by first-class U.S. mail, postage prepaid, a notice to the property owner
stating the following: (1) that a special assessment is being imposed on the property, (2) the amount of the
special assessment, (3) that the special assessment will be collected along with, and in the same manner
as, ordinary ad valorem property taxes, and (4) that the property may be sold after three years by the tax
collector if the special assessment is not paid.
C. After such confirmation, recordation and notice, the Administrative Services Director shall file a
certified copy of the Council's Resolution with the Alameda County Auditor-Controller on or before
August 1 st, whereupon it shall be the duty of the Auditor-Controller to add the amounts of the respective
assessments to the next regular tax bills levied against the respective lots and parcels of land and
thereafter the amounts shall be collected at the same time and in the same manner as municipal taxes are
collected, and shall be subject to the same penalties and the same procedure and sale in case of
delinquency as provided for municipal taxes. All laws applicable to the levy, collection and enforcement
of municipal taxes shall be applicable to such special assessment.
Ord No. 28-08, Adopted 7/15/08, Item 4.2
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D. Where payment of an assessment on a vacant residential developed property is delinquent, the city
may conduct a sale of such property, subject to the requirements applicable to the sale of property
pursuant to Revenue and Taxation Code Section 3691.
E. In addition to the remedy described in this section and any other remedy contained in the Dublin
Municipal Code, the City expressly reserves the right to utilize enforcement remedies available under any
applicable state or federal statute or pursuant to any other lawful power the City may possess to recover
the costs of nuisance abatement. All such remedies shall be alternative to or in conjunction with, and not
exclusive of, one another.
Section 2. 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 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 4. 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 ofthe
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 15th day of July, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Sbranti, and Scholz and Mayor Lockhart
NOES: None
ABSENT: Councilmember Oravetz
ABSTAIN: None
AC:: t f-f4
Deputy City Clerk
Ord No. 28-08, Adopted 7/15/08, Item 4.2
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