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HomeMy WebLinkAbout6.3 Abate Nuisance Brighton Drive AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 28, 1991 SUBJECT: PUBLIC HEARING: ABATEMENT OF NUISANCE AT 7416 BRIGHTON DRIVE Report by: Victor Taugher, Building Official EXHIBITS ATTACHED: 1. Notice of Hearing dated January 15, 1991. 2 . Municipal Code Sections Referenced in Notice of Hearing dated January 15, 1991. 3 . Draft Resolution declaring property to be a nuisance. 4. Slides to be presented at meeting. RECOMMENDATION: ;v1, 1) Open Public Hearing. 2) Receive Staff Presentation. 3) Receive Public Testimony. 4) Close Public Hearing. 5) Deliberate. 6) Adopt Resolution. FINANCIAL STATEMENT: If the City abates the nuisance, costs may be recovered from the owner. If the owner fails to pay the costs a lien can be placed on the property. DESCRIPTION: This property is next to Kolb Park and the buildings are the old Murray School District offices. The owner is Brighton Meadows 89, a California Limited Partnership. A Tentative Tract Map, Tract 5616, for a 17-lot subdivision has been approved. Plans for the houses in this project have been submitted and plan checked. If the residential development occurs the existing buildings will be removed. Over the past year the City has had many complaints regarding the condition of the buildings. The owners have been requested by telephone to secure the buildings on several occasions and written requests have been made March 29, 1990 and September 19, 1990. The owners have attempted to secure the buildings to prevent unauthorized entry, but these attempts have proven inadequate. An inspection was made on January 9, 1991. Slides of the conditions found will be shown as part of the Staff presentation. There are five buildings on the property. All five buildings are not secure from unauthorized entry. Doors and windows have been found open and/or removed. Temporary plywood protective measures have been removed. Graffiti has been painted on the exterior and throughout the interior. Light fixtures, plumbing fixtures, wall covering and suspended ceilings have been torn from their supports and smashed leaving debris throughout the interior of the buildings and on the exterior. Fecal matter and used -------------------------- ITEM N0. COPIES TO: City Attorney Brighton Meadows 89 Commonwealth Land Title Co. Plaza Bank of Commerce condoms have been found on the floor. Paper wrappings and boxes for fireworks have been found on the floor indicating that fireworks have been used in the building. It is the opinion of the Building Official that the buildings have been damaged so as to become: 1) an attractive nuisance to children; 2) a harbor for vagrants, criminals; 3) and to enable persons to resort thereto for the purpose of committing unlawful acts as set forth in Section 7 .28. 050 K. of the Dublin Municipal Code (DMC) . It is the opinion of the Building Official that due to the damage to the buildings, the building is a fire hazard as setforth in Section 7 . 28. 050 0. (DMC) . It is the opinion of the Building Official that the condition constitutes a public nuisance as setforth in Section 7.28. 050 P. (DMC) . It is the opinion of the Building Official that the buildings have been abandoned for a period of six months and are an attractive nuisance as setforth in Section 7. 28. 050 Q. (DMC) . It is the opinion of the Building Official that the only method to abate the nuisance is to demolish and remove the buildings and trash from the property. Efforts by the owners to permanently secure the buildings from unauthorized entry have not been successful. Abatement should not impose any particular hardship on the owners because the developer of the property contemplates demolition and removal of the buildings. It is recommended that the City Council find that the buildings are a public nuisance and that the conditions cannot reasonably be repaired so the buildings no longer exist as a nuisance. It is further recommended the owner be ordered to abate the nuisance by demolition and removal of the buildings. Said demolition and removal to begin in 30 days and be completed in 45 days. If the owner fails to comply with the abatement order, the Building Official be authorized to cause the abatement to be completed. If the abatement is done by the City, the costs can be recovered from the property owner. Section 7.52 .170 through Section 7.52 .210 (DMC) (Exhibit 2) outlines the procedure to be followed in recovering costs of abatement. 9 / CITY OF DUBLIN P.O. Box 2340, Dublin. California 94568 City Offices, 100 Civic Plaza. Dublin. Caliior--a 94568 NOTICE OF PUBLIC HEARING TO CONSIDER ABATMENT OF A NUISANCE CERTIFIED MAIL January 15, 1991 Brighton Meadows 89, a California Limited Partnership c/o Norman Ho and Ben Chui 4125 Blackford Avenue, Suite 200 San Jose, CA 95117 RE: ABANDONED MURRAY SCHOOL DISTRICT OFFICE SITE - 7416 BRIGHTON DRIVE (PROPOSED BRIGHTON MEADOWS) - TRACT 5616 This letter is directed to you as (owner) of the property at 7416 Brighton Drive, Dublin, legally described as Parcel A of Parcel Map 5131 and designated as Book 941, Block 181, Parcel 28 by the Alameda County Assessor. The City has received many complaints regarding your property at 7416 Brighton Drive, Dublin, CA. You have been notified by telephone several times to secure the buildings and property to prevent unauthorized entry, and to remove the weeds and trash from the property. You have also been notified in writing on March 29, 1990 and September 19, 1990. Your measures to secure the building and property have not been effective. There are five abandoned buildings which were formerly the Murray School District Office and maintenance shops on the property. An inspection on January 9, 1991 revealed the following conditions: 1) All five buildings are not secure from unauthorized entry. Doors & windows have been forced open and/or removed. Temporary plywood protective measures have been removed. 2) Graffiti has been painted on the exterior and throughout the interior. 3) Light fixtures, plumbing fixtures, wall covering, suspended ceilings have been torn from their supports and smashed leaving debris throughout the buildings and on the exterior. 4) Fecal matter and used condoms have been found on the floor. The paper wrappings and boxes for fireworks have been found on the floor indicating that fireworks have been used in the building. Further activity of this type could result in a fire. These conditions exist to the extent that the buildings constitute a dangerous building as defined in Sections 7.28.050 K. ; 7.28.050 0. ; 7.28.050 P. and 7.28.050 Q. of the Dublin Municipal Code and for the purposes of abatement, your property is a substandard property as defined in Section 7.52.020. Administration (415) 833-6650 • City Ccuncil (4!5) 833.6605 • Finance (415) 833 6640 • Buildii EXH101,21,' 1 Code Enforcement (,1!5.1833-66-70 • Engineering (415) 833.6630 • Planning Fcl:ce (415) 833-6670 • Put;lic V,crks (415) 833.6630 • Recreation (415) f Brighton Meadows 89, a California Limited Partnership January 15, 1991 Page 2 You are hereby notified that a hearing will be held by the City Council of the City of Dublin at 7:30 p.m. on January 28, 1991 in the City Council Chambers at 100 Civic Plaza, Dublin, CA. You may appear at this hearing to show cause why the above substandard property should not be condemned as a nuisance and abated by demolition and removal of the buildings and removal of all the trash and debris from the property. Failure to appear at the hearing may be deemed as an admission that the property is a nuisance. Enclosed are copies of the applicable provisions of the Dublin Municipal Code. VICTOR L. TAUGHER BUILDING OFFICIAL cf Enclosure cc: Commonwealth Land Title Company Plaza Bank of Commerce r lll;" ,,� I r( —��—o �V) CITY OF DUBLIN P.O. Box 2340. Dublin, California 94568 City Offices. 100 Civic Pla-za. Dublin. Cai.icr.-a 945-c6 NOTICE OF PUBLIC HEARING TO CONSIDER ABATMENT OF A NUISANCE January 15, 1991 CERTIFIED MAIL Commonwealth Land Title Company 41 North First Street San Jose, CA 95113 RE: ABANDONED MURRAY SCHOOL DISTRICT OFFICE SITE - 7416 BRIGHTON DRIVE (PROPOSED BRIGHTON MEADOWS) - TRACT 5616 This letter is directed to you as (trustee of a Deed of Trust) on the property at 7416 Brighton Drive, Dublin, legally described as Parcel A of Parcel Map 5131 and designated as Book 941, Block 181, Parcel 28 by the Alameda County Assessor. The City has received many complaints regarding the property at 7416 Brighton Drive, Dublin, CA. The owner has been notified by telephone several times to secure the buildings and property to prevent unauthorized entry, and to remove the weeds and trash from the property. The owner was also notified in writing on March 29, 1990 and September 19, 1990. Measures to secure the building and property have not been effective. There are five abandoned buildings which were formerly the Murray School District Office and maintenance shops on the property. An inspection on January 9, 1991 revealed the following conditions: 1) All five buildings are not secure from unauthorized entry. Doors & windows have been forced open and/or removed. Temporary plywood protective measures have been removed. 2) Graffiti has been painted on the exterior and throughout the interior. 3) Light fixtures, plumbing fixtures, wall covering, suspended ceilings have been torn from their supports and smashed leaving debris throughout the buildings and on the exterior. 4) Fecal matter and used condoms have been found on the floor. The paper wrappings and boxes for fireworks have been found on the floor indicating that fireworks have been used in the building. Further activity of this type could result in a fire. These conditions exist to the extent that the buildings constitute a dangerous building as defined in Sections 7.28.050 K. ; 7.28.050 0. ; 7 .28.050 P. and 7 .28.050 Q. of the Dublin Municipal Code and for the purposes of abatement, the property is a substandard property as defined in Section 7.52.020. Administration (415) 833.6650 • City Council (415) 833.6605 • Finance (415) 833-6640 • Building Inspection (415) 833-6620 Code Enforcerneni (415) 833-6620 • Engineering (415) 833.6630 • Planning (415) 833-6610 Police (•115) 833.6670 • Public Works (415) 833-6630 • Recreation (415) 833.66-15 Commonwealth Land Title Company January 15, 1991 Page 2 You are hereby notified that a hearing will be held by the City Council of the City of Dublin at 7:30 p.m. on January 28, 1991 in the City Council Chambers at 100 Civic Plaza, Dublin, CA. You may appear at this hearing to show cause why the above substandard property should not be condemned as a nuisance and abated by demolition and removal of the buildings and removal of all the trash and debris from the property. Failure to appear at the hearing may be deemed as an admission that the property is a nuisance. Enclosed are copies of the applicable provisions of the Dublin Municipal Code. VICTOR L. TAUGHER BUILDING OFFICIAL cf Enclosure cc: Brighton Meadows 89, a California Limited Partnership Plaza Bank of Commerce ll!% CITY OF DUBLIN l --- _....._......... ------- --- ---------- P.O. Box 2340, Dublin, California 94568 City Offices, 100 Civic Plaza. Dublin, Californ 94568 a NOTICE OF PUBLIC HEARING TO CONSIDER ABATMENT OF A NUISANCE CERTIFIED MAIL January 15, 1991 Plaza Bank of Commerce c/o R/E Department P. 0. Box 2249 San Jose, CA 95109 RE: ABANDONED MURRAY SCHOOL DISTRICT OFFICE SITE - 7416 BRIGHTON DRIVE (PROPOSED BRIGHTON MEADOWS) - TRACT 5616 This letter is directed to you as (beneficiary of a Deed of Trust) on the property at 7416 Brighton Drive, Dublin, legally described as Parcel A of Parcel Map 5131 and designated as Book 941, Block 181, Parcel 28 by the Alameda County Assessor. The City has received many complaints regarding the property at 7416 Brighton Drive, Dublin, CA. The owner has been notified by telephone several times to secure the buildings and property to prevent unauthorized entry, and to remove the weeds and trash from the property. The owner was also notified in writing on March 29, 1990 and September 19, 1990. Measures to secure the building and property have not been effective. There are five abandoned buildings which were formerly the Murray School District Office and maintenance shops on the property. An inspection on January 9 , 1991 revealed the following conditions: 1) All five buildings are not secure from unauthorized entry. Doors & windows have been forced open and/or removed. Temporary plywood protective measures have been removed. 2) Graffiti has been painted on the exterior and throughout the interior. 3) Light fixtures, plumbing fixtures, wall covering, suspended ceilings have been torn from their supports and smashed leaving debris throughout the buildings and on the exterior. 4) Fecal matter and used condoms have been found on the floor. The paper wrappings and boxes for fireworks have been found on the floor indicating that fireworks have been used in the building. Further activity of this type could result in a fire. These conditions exist to the extent that the buildings constitute a dangerous building as defined in Sections 7.28.050 K. ; 7.28.050 0. ; 7.28.050 P. and 7.28.050 Q. of the Dublin Municipal Code and for the purposes of abatement, the property is a substandard property as defined in Section 7.52.020. Administration (415) 833.6650 • City Council (415) 633-6605 • Finance (415) 633.6640 • Building Inspection (415) 833.6620 Code Enforcement (415) 833.6620 Engineering (415) 833.6630 • Planning (415) 833.6610 Police (415) 833.6670 • Public Works (415) 833.6630 • Recreation (415) 833.6645 / Plaza Bank of Commerce January 15 ' 1991 Page 2 You are hereby notified that a hearing will be bald by the City Council of the City of Dublin at 7:30 p.m. on January 28, I991 in the City Council Chambers at 100 Civic Pluza, Dublin, CA. You may appear at this hearing to show cause why the above substandard property should not be condemned as a nuisance and abated by demolition and removal of the buildings and removal of all the trash and . debris from the property. Failure to appear at the hearing may be deemed as an ' admission that the property is a nuisance. Enclosed are copies of the applicable provisions of the Dublin Municipal Code. VICTOR L. IADG8ER BUILDING OFFICIAL cz Enclosure cc: Brighton Meadows 89. a California Limited Partnership Commonwealth Land Title Company ` ' �¢.A 7.52.010 {fir ti^yy Chapter 7.52 7.52.200 Collection of assessment. ABATEMENT OF NUISANCES 7.52.210 Alternative collection procedure.; Sections: x Article I. General Provisions Article I. General Provisions N; 7.52.010 Purpose. 7.52.020 Definitions. 7.52.010 Purpose. 7.52.030 Enforcement Official It is the purpose of the provisions of designated. this chapter to develop an equitable and 7.52.040 Hearing Officer practicable alternative method, to be designated. cumulative with and in addition to, any 7.52.050 Right of entry. other remedy available at law, whereby `? substandard property which endangersdr• Article II. Enforcement Procedures the health, property, safety, or welfare of Ywas' 7.52.060 Determination of the public or its occupants, may be Enforcement Official. required to be abated. (Ord. 21-89§71.0) !f 7.52.070 Informal notice. 7.52.080 Order of Enforcement 7.52.020 Definitions. ., Official. ��``f O For the purposes of this chapter, the ; ' 7.52.090 Service of notice. words set out in this section shall have the 7.52.100 Declaration of �Y , following meanings:. substandard roe P P rtY• "Abatement"means and includes,but 7.52.110 Hearin g is not limited to, demolition, removal. 7.52.120 Standards for repair, vacation maintenance construc- abatement. tion, replacement, reconditioning of 7.52.130 Order of Hearin 'A"I Hearing structures, buildings, appliances or �,.y;sj,, Officer. equipment;and to the correction or elim- 7.52.140 Work by private party or ination of anv substandard condition agency. upon substandard property. y. ' 7.52.150 Penalties.' "Clerk," unless otherwise specified. : . 7.52.160 Abatement fund. means the City Clerk of the city of Dublin. fa�s4 Article III. Abatement in Event of "Demolish" or "demolition" means ;nab+ Owner Default and includes the removal of the resulting 7.52.170 Report of costs of debris from such demolition and the pro- :%rt abatement. tection by filling of excavations exposed 7.52.180 Report transmitted to by such demolition and abandonment ofy City Council. sewer or other waste disposal facilities as 7.52.190 Protest and objection— may be required by this chapter or other Procedure. laws. 416 EX-e H I k' ' k fii - •. 7.52.020 "Party concerned" means the person, A. The Building Official for matters ' n if any in real or apparent charge and con- regulated in Chapters 7.32, 7.36, 7.40, trol of the substandard property, the 7.44 and 7.48 except as set forth in sub- 1�, r, f, � record owner, the holder of any wort- section B of this section; gage, trust deed or other lien or B. The Alameda County. Health encumbrance of record the owner or Officer for matters pertaining to private P g P e holder of any lease of record, the record water supplies, private sewage disposal holder of any other estate or interest in or systems, infestation of insects, vermin or to such property. As used in this subsec- rodents, storage and removal of garbage, tion all reference to record means mat- sanitation of bedding; {V "" ters of record in the office of the County C. The Director of Public Works for :t•4�{d ,fir. + i' Recorder of the county of Alameda matters regulated in Chapter 7.16. (Ord. at which definitely and specifically 21-89 § 71.6) describes the premises involved. +, ?. "Substandard conditions" mean and 7.52.040 Hearing Officer Vii', include, but are not limited to, the fol- designated. The Hearing Officer authorized to >r � lowing: k " Via, f.,,' A. An existing building, structure, conduct hearings under this chapter or his designee shall be as follows: electrical, plumbing or mechanical g installation or portion thereof which is A. The Alameda County Health dangerous as defined in Sections Officer in proceedings initiated by the 7.28.050 through 7.28.080 which is sub- Director of the Environmental Health standard as defined in Section 7.28.090, Division; B. The City Council in proceedings or which is illegal as defined in Section y p 7.28.100; initiated by the Building Official or B. The existence of any other condi- Director of Public Works. (Ord. 21-89 § tion to an extent that endangers the life, 71.7) +�L t�l ) limb, health, property, safety, or welfare 7.52.050 Right of entry. t t of any person. t "Substandard property" means and Whenever necessary to make an ; r 4 >>w�, , ' includes any building, structure or land inspection to enforce any of the provi- sions of this code or whenever the upon which substandard conditions Enforcement Official or Hearin Officer exist. (Ord. 21-89§§ 71.1, 71.2, 71.3, 71.4, g has reasonable cause to believe that a t tr; :s 71.5, 71.9) violation of this Ordinance exists in any building or any premises, or there exists ^' 7.52.030 Enforcement Official in any building or upon any premises any designated. condition which makes the building or ' The Enforcement Official or his premises dangerous, substandard, designee shall be the person authorized to unsanitary, health or g P ary, or a menace to life, ".. administer the provision of this chapter property, he may enter such building or shall be as follows: premises at all reasonable times 4o Y 417 7.52.050 +Fy1X'. inspect the same or to perform any duty he deems should be so notified,informs_ imposed upon him by law, ordinance, tion concerning the provisions of this rule, or regulation; provided that if such chapter, any violation thereof, how the it building or premises is occupied,he shall person notified may comply and any '> first present proper credentials and other information as he deems expedi- ent. He may post such information on ' ? ' demand entry. If such entry is refused, Y .•,,;,,.�__,.. the Enforcement Official shall have the substandard property. (Ord. 21-89 § recourse to every remedy provided by 72.1) law to secure entry, specifically as pro- t vided in Code of Civil Procedure Sec- 7.52.080 Order of Enforcement Official. 5, ' tions 1822.50 et seq. (Ord. 21-89 § 71.8) °t A. If, in the opinion of the Enforce- ment Official,the property is found to be ' "'' ' • y�({V�Yn. Article II. Enforcement Procedures ``i ' substandard, the Enforcement Official may give to the party concerned writtent 7.52.060 .4,, •:•.,;;. Determination of notice thereof; Enforcement Official. B. The notice shall set forth the streets Whenever the Enforcement Official ""?. address and a legal description or the � �,�° �•»,a�• determines by inspection that any exist- , rky County Assessor's designation of the ing building or portion thereof,or an lot Y premises,contain a concise but complete or other premises, is substandard P rop- description of the facts constituting the ert , as defined in this chapter, such public nuisance with reference tohL' building or premises, or both, are hereby applicable Code sections; and the pro- declared a public nuisance, and the posed method of abatement; Enforcement Official may order the C. The notice may require the owner �,� abatement of the nuisance by demoli- ubstandard or person in charge of the s tion, repair or rehabilitation of the sub- property to complete the required abate- standard building ortion thereof or at g ment of the substandard conditions the option of the party concerned by within thirty(30)days,or such other time limit as the Enforcement Official may demolition thereof. The order also may require that the building be vacated. If stipulate;and shall direct them to apps ; ; the premises are substandard the before the Hearing Officer at a statedY` ` � `. Enforcement Official also may order that time and place and show cause why such i� y� . } c the substandard conditions be substandard property should not be con- removed.(Ord. 21-89 § 72.0) demned as a nuisance and said nuisance be abated as herein provided; 7.52.070 Informal notice. D. The notice shall advise the owma When the Enforcement Official has so or person in charge or control of the found, in addition to any notices here- building, structure or premises, and all ;�i,•t ,, after required by this chapter, he may interested persons, that failure to aPPW give to the occupants of the substandard at the hearin ma be deemed an admu- and to an other person whom sion by him of he acts or omissions property, a y P 418 _�� � �• f,. kj v °i 7.52.080 �r k, rvti charged in the notice, and that the Hear- The failure of any owner or other person ing Officer may order abatement solely to receive mailed notice shall not affect in based upon the notice and the admission any manner the validity of any proceed- ''' of the content thereof; or ings taken hereunder. An affidavit of Ali E. EXCEPTION: whenever substan- service shall be filed,together with a copy dard property or portion thereof con- of the notice, in the proceedings certify- �'`. stitutes an immediate hazard to health or ing the time and manner in which such property, and in the opinion of the notice was served. Enforcement Official the conditions are C. The notice of hearing shall be such that repairs or demolition or other #1` work necessary to abate the hazard must Posted and served at least five (5) days 4 . prior to the date set for hearing. (Ord. be undertaken sooner than provided by �. _ 21-89 § 72.3) the procedures set forth in this chapter, a ' ° he may make such alterations or repairs, or cause such other work to be done to 7.52.100 Declaration of substandard the extent necessary to abate the substan- property. a . dard condition and protect health or The Enforcement Official may file property, after giving such notice to the with the County Recorder a declaration parties concerned as the circumstances that substandard property has been �., will permit or without any notice what- inspected and found to be such, as ever, when, in his opinion, immediate defined in this chapter, and that all par- e f;f action is necessary. (Ord. 21-89 § 72.2) ties concerned have been or will be noti- ? fled.After the Enforcement Official finds 7.52.090 Service of notice. that the public nuisance has been abated ..�� A. A copy of the notice shall be posted and that such abatement has been in a conspicuous place upon the building accomplished at no cost to the city, or . -, or structure or otherwise on the substan- that such costs have been placed upon the dard property which is the subject of the tax rolls as a special assessment pursuant �,. proceeding. to Section 25845 of the Government l�. B. Service of the notice upon the party � . Code, or when the Enforcement Offi- '. concerned shall be by personal service, cial's jurisdiction has been pre-empted ►f',, .J; by registered or certified mail. Service by r by government acquisition of the prop- mail shall be effective on the date of mail- erty, he shall record in the office of the N ing, postage prepaid and return receipt County Recorder a document terminat- a : , v requested,to each person at his address as in the above declaration. (Ord. 21-89 g § it appears on the last equalized assess- 72-4)ment roll, or as known to the. Enforce- ,. x'41 i' ment Official. If no such address so appears, or is not so know, than the 7.52.110 Hearing. notice shall be mailed to such person at The Hearing Officer shall conduct the the address of the building, structure, or abatement hearing subject to the follow- ,. premises involved in the proceedings. ing: 419 a a:' U.W7ySei!)MliihN1A..14Yf.Wi;St'CA YM60.l:Atrt:ULLuY.4•f.u.:.•:s.::i`.�.•.+Sw.:t:,N...w.0 7.52.110 A. The Enforcement Official shall H. Any judicial action to modify or present competent evidence that the sub- set aside the final decisions shall be com- ject property falls within the definition of menced no later than thirty days after the public nuisance;as to the method reason- completion and exhaustion of the forego- ably to correct the nuisance; and as to ing administrative procedures. (Ord. such other matters deemed pertinent by 21-89 § 72.5) the Hearing Officer. B. The parties to the abatement hear- 7.52.120 Standards for abatement. The following standards shall be lot- ing shall be entitled to be represented by lowed in substance by the Hearing counsel. Officer in determining what,if any,form, C. The hearing shall be conducted in of abatement shall be ordered: an impartial and informal manner in :yM A. Any order to demolish may initiate order to encourage free and open discus- an alternative permission to repair and Sion by participants. an order to repair may be satisfied by D. All testimony shall be submitted demolition; " under oath or affirmation and shall be B. If the condition can be reasonably subject to cross-examination. J repaired so that it will no longer exist in E. The Hearing Officer shall not be violation of this chapter, it shall be bound by the rules of evidence applicable ordered repaired; ff' in judicial proceedings. C. If the condition renders the build- F. The proceedings at the hearing ing or structure dangerous to the health, shall be reported by a phonographic safety or general welfare of its occupants, reporter or otherwise perpetuated b it shall be ordered vacated; P P rP Y D. In an case where a dangerous electronic means; or in lieu thereof ste- Y g building or structure is more than fifty - ``;Yt:• nographic notes may be taken and the g �. substance thereof subsequently tran- percent (50%) damaged, or decayed or a 4 deteriorated, it may be demolished'. E. In all cases where a substandard G. The decision of the Health Officer acting as the Hearing Officer shall be in condition cannot reasonably be repaired yf writing and shall be final. However, the so that it will no longer exist in violation of this chapter, it may be demolished or �,:.•: aggrieved party may appeal such deci- ,4,t . removed. (Ord. 21-89 § 72.6) sions, by filing a written notice of appeal with the Hearing Officer within five (5) 7.52.130 Order of Hearing Officer. , Q: days after service of the order of abate- ; F>` A. Within thirty (30) days after the ment pursuant to Section 7.52.090. The conclusion of the hearing the Hearing appeal shall be heard b the City Council _"'"` PP Y Y Officer shall render his decision, either �.� •;:. which may affirm, amend or reverse the j" terminating the proceedings, or if e a r = decision or take other action deemed erty is a Finds that the substandard prop n .�# appropriate. The decision of the City public nuisance, ordering that it be Council acting as Hearing Officer is final. abated. 420 <'�¢ i7tf•.�,�}• y , R. 7r fA�S'�'" ; SF � '�4 .4 i„.:.;.. k1� 1. 55� I� 7.52.130 Jti B. The order of abatement shall set B. If the order ofthe Hearing Officer is iT�• L;Y forth the street address of the substan- not complied with within the period des- r ., lard property and a legal description of ignated, the Enforcement Official may the premises sufficient for identification. then demolish the substandard building ' It shall contain a statement of the panic- or portions thereof, or may cause such ` ulars of the conditions which render the other work to be done to the extend nec- ` building, structure or premises a public essary to eliminate the hazard upon the ra: nuisance, and a statement of the work substandard property and other substan- required to abate the nuisance. Refer- dard conditions determined to exist by ,y ence may be made to the notice of hear- Hearing Officer. ing for such statement of particulars with C. When in the opinion of the Y Enforcement Official substandard prop- an appropriate modification thereof. erty or portion thereof is an immediate C. The order shall specify the dates to y hazard to health or property, and the commence and complete the work of abatement of such hazard requires ' abatement. fd ; , r n comm prompt action, the Enforcement Official D. The time to commence o com- e may then abate the substandard condi- plete the work may be extended for good tion or may cause such other work to be ` . ✓ cause upon written application. done to the extent necessary to eliminate E. A copy of the order of abatement the hazard as provided in Section shall be posted in a conspicuous place 7.52.080 E and without amendment to upon the building or structure or other- the order of abatement. p wise upon the substandard property;and D. The Enforcement Official may 4, , ;rr;. shall be served in the manner prescribed cause the material of any building or Ur ,�ti. ,,rw for the service of notice of hearing. (Ord. structure ordered to be demolished to be 89- 21 72.7 § ) sold. The sale shall include stipulations that the building or structure be forth- �`, t ;; 752.140 Work by private party or with demolished, the wreckage, and §i debris removed and the lot cleaned. The agency. Enforcement Official may sell any such A. Any person having the legal right building°Aa g or otherwise, as he may to do so may repair or demolish asub- deem appropriate in order to insure that Iir }�'(,' standard building or do any other work the consideration obtained from one or fs�1 x required to remove the substandard con- q., " more building shall be adequate to a g q pay �u, , , ?.; ditions at any time prior to the time when V,r, ,; the cost of demolition and cleaning the the Enforcement Official does so, but if site. Any surplus from the sale of any such person does such work after the time specified in the last order of the such building or structure, or group of I' . p buildings or structures, over and above Hearin Officer, y the cost of demolition and cleaning the r, g all costs incurred b the city in preparation for the doing of such site shall be distributed to persons law- ;„ work are chargeable to the property and fully entitled thereto.Any work of abate- . shall be collected as hereinafter provided. ment performed by the Enforcement 421 k rv,t, 7.5 2.140 Official shall be accomplished in accord- 7.52.160 Abatement fund. 5 ance with appropriate procedures A. The City Council may set up a spe. =v`t` applicable to the city. (Ord. 21-89 §72.8) cial revolving und to be designated 8 g as the abatement fund. B. The City Council may at any time 7.52.150 Penalties. transfer to such special fund, out of a w A. A person shall not obstruct, nv >rt . money in the general fund of the city, . .Mz�Fft , impede, or interfere with the Enforce- ;4 ;. such sums as it may deem necessary in ment Official or his representative or order to expedite the performance of the with any person who owns or holds any interest or estate in a substandard build- work of abatement,and the sum so trans. ferred shall be deemed a loan to said spe- ing or substandard property which has cial fund and shall be repaid out of the been ordered by the Hearing Officer to be proceeds of the assessment. All funds so abated or which is abated under Section }, 7.52.080 E, whenever the Enforcement collected under the assessment proceed• ,,,.>f ings shall be paid when collected to the Official or such owner is engaged in bar- ricading, repairing, vacating and repair- City Clerk who shall place the same in the abatement fund. (Ord. 21-89 § 72.10) 7+ ;. ing, or demolishing any such substandard building or removing anyvir; ` substandard conditions from substan- Article III. Abatement in Event of dard property pursuant to this chapter,or Owner Default in the performance of any necessary act preliminary to or incidental to such V, 7.52.170 Report of costs of :}''' work, or authorized or directed pursuant ` .;' 4 abatement. hereto. Any violation thereof is a misde- The appropriate Enforcement Official meanor. :' B. If the owner or person in control of under Section 7.52.040 shall keep an the substandard property shall fail, itemized account of the next expense involved in the abatement of any build- }" neglect, or refuse to comply with any order of the Hearing Officer, he shall be ing or structure under Section 7.52.120. guilty of a misdemeanor. � Upon completion of the abatement, the C. The occupant or lessee in posses- Enforcement Official shall prepare and File with the clerk, a report specifying the '''>'= sion or other person in control of a sub- standard building, who fails to vacate work done, the cost of the work, a description of the real .property upon :. said building in accordance with any order of abatement is issued by the which the building or structure was or is Enforcement Official or Hearing Officer, the names and addresses of the shall be guilty of a misdemeanor. person entitled to notice pursuant to Sec' D. Any person who removes any tion 7.52.080,and the assessment against notice or order posted as required or per- each lot or parcel proposed to be levied to mitted by this chapter shall be guilty of a pay the cost of abatement thereof. (Ord. misdemeanor. (Ord. 21-89 § 72.9) 21-89 § 73.0) 422 k 7.52.180 7.52.180 Report transmitted to City 7.52.200 Collection of assessment. Council. The assessment shall be collected in n: Upon receipt of the report, the Clerk the following manner: (`. shall,within ten(10)days, put the report A. A copy of the report and assess- ' on the agenda for consideration by the went, as confirmed, shall be turned over City.Council. The City Council shall to the Alameda County Auditor on or cause notice of the cost of abatement to before the tenth day of August following ` be given to those persons entitled under such confirmation, and the auditor shall yt. Section 7.52.080. Such notice shall spec- enter the amounts of the respective ,y d ify the day,hour and place where the City assessments against the respective parcels a Council will hear any objections or pro- of land as they appear on the current tests which may be raised by any person assessment roll. r ,. liable to be assessed for the cost of abate- B. The Alameda County Tax Collec- went and any other interested person, for shall include the amount of the assess- and pass upon the report of the Enforce- ment on bills for taxes levied against the A., ment Official. Notice of hearing shall be respective lots and parcels of land. . .�,.•.. published at least ten (10) days prior to C. Thereafter the amounts of assess- the date of hearing in a newspaper of menu shall be collected at the same time f" general circulation with the county and and in the same manner as county taxes 12, which circulates in the area within which are collected,and are subject to the same is located the building or structure in procedure and sale in case of delinquency y7k', question. (Ord. 21-89 § 73.1) as provided for ordinary county taxes. D. All laws applicable to the levy, col- lection and enforcement of county taxes 5` . ., 7.52.190 Protest and objection- are applicable to such special assessment 1" s ` ' Procedure. i` Any person to whom notice of hearing taxes. (Ord. 21-89 § 73.4) ..,. "�r��-. ,�i;, was sent and any person interested and 1? affected by the proposed assessment may 7.52.210 Alternative collection i�; file written protests or objections with the procedure. A, '� Clerk at any time prior to the date set for Notwithstanding the provisions of the hearing on the report to the City Section 7.52.200 and in lieu thereof, in Council. Each such protest or objection the event of nonpayment of assessment, {r '` must contain the address of the protestor the City Council may,at any time within or objector and a description of the prop- 60 days after its decision on the report Y P F`tf erty in which the signor thereof is inter- and assessment cause to be filed in the ested and the grounds of such protest and office of the County Recorder a notice of objections.The Clerk shall endorse upon lien against said properties of the con- eve ry such protest or objection the date it firmed assessment upon the following ,id.•Y. ' ; ' was received by him and shall present conditions: him to the City Council at the time set for A. From and after the recording of hearing. (Ord. 21-89 § 73.2) said notice of lien, all persons shall be 423 1� F 4 F C t r i, 7.52.210 `x�� ' a �' u deemed to have had notice of the con- and on the first day f each month su w` D Y fie. ...:fait•.,`. ';: .. tents thereof. The statutes of limitations quent to the date of delinquency.The lies .'>ti•;: - '' shall not run against the right of the shall continue until the amount thereof is enforcement agency to enforce the pay- paid or until it is discharged of record. ment of such lien. C. If the sum assessed is not paid B. All such assessments remaining within 30 days after the day of recording1 unpaid after thirty (30) days from the of such notice of lien, the City Council date of recording of said lien shall may direct the City Attorney to bring an become delinquent and bear interest at action, in the name of the county, to the rate of one percent (1%) per month foreclose the lien of assessment. (Ord. ` 4 F r computed upon the date of delinquency 21-89 § 73.5) A i . •,,sfd�rAf'�1 i Jn�Y.P� . thrfry4; f9 { µrlry� 4 Srx,,r� f; `• ' Ifi 3{ 1 J4' f rr raa_Y,. r�r.` �v�•3k ! r F:. 'v 424f r� u .4 F, t i} / RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ ORDER TO ABATE A NUISANCE AT 7416 BRIGHTON DRIVE, DUBLIN WHEREAS, It has come to the attention of the City of Dublin that there are 5 abandoned buildings on the property at 7416 Brighton Drive, Dublin, California, legally described as Parcel A, Parcel Map 5131, Assessors designation 941-181-28 and; WHEREAS, the City Council did hold a public hearing on this matter on January 28, 1991; and WHEREAS, the City Council finds the buildings have become an attractive nuisance to children; a harbor for vagrants or criminals and enables persons to resort thereto for the purpose of committing unlawful acts; and WHEREAS, the buildings are a fire hazard; and WHEREAS, the buildings constitute a public nuisance as defined in Section 3479 and 3480 of the Civil Code; and WHEREAS, the buildings have been abandoned for a period of more than 6 months; and NOW, THEREFORE, BE IT RESOLVED that Brighton Meadows 89, a California Limited Partnership is hereby ordered to abate the nuisance by demolishing and removing the buildings and by removing all of the trash and debris on the premises. BE IT FURTHER RESOLVED that abatement shall commence on February 27, 1991 and be completed by March 14, 1991. BE IT FURTHER RESOLVED that if said abatement is not completed by March 14, 1991, the Building Official and his designated agents are hereby authorized and directed to enter the premises with or without permission to perform all necessary work in order to complete the abatement. BE IT FUTHER RESOLVED that the owner is hereby notified that in the event the Building Offical and his designated agents perform the abatement, the owner shall be responsible for seeing to the safety and security of any personal property prior to commencement of abatement. )pf 11. `` , PASSED, APPROVED AND ADOPTED this 28th day of January 1991. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk