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HomeMy WebLinkAbout6.3 RevisionToMuniCode . . 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. , ---------------------------------------------------------------------- COPIES TO:J.Lf.v tføO-£Q . . 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 . . · 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 . . 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 . . 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 . . 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 ~ 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 . . 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 . . 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 . 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) . G~f?PI/ r:0 Ù.· rI/!.&_t_, .I¥,t¿11){;-(j 7ð ff¿_, -'" 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 t2rp.£-fuL) ~ _ ¿Æ O/n~~ '_/ oLe AL~(''pv {)fJ J(:7ðiUf2-t /1 f¡µ' - 4.16.010 1I((l(lIJYI~ß11IJ1jll1 tf..J 0~v.¡JfJ.--' r:!Ct . .Ö1-fLh-tt/ {~ e!¿;.j1Pt/¡/,ú:l&L<:lÚ-,'Y{!¿1 (J¿V¡U!t.-!i", -'(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) 1/z1.t¥I:.I~ c4tf1~~ Wk¿lf~//irÞ (!I¿Ù/-, &1- jJðf¡{y/ 0heJiL¡µ··Jí!frf II t¿µ "c4ÜÒÚ<tJjJ¡;Û (Æ. C!Û pt. . --:- . ¡..-' 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) ') I <L' \ I ~ \I:! ..-" \<u- ] ) J'/ ~ I',,· , . ).\'.1 1.1 f,-:, 'I.' \~¡ ¡"·fL'.. I:' ,~ 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 . 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 cAJU~ y2¡/Yi (j'Yi ("ß/ /1 /LI P(~d!f.", (trIA) /!2éJ.{) /lJ¿;C(;i¿r ' . 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 . 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 JldeiL 1. !u¡X~l (:', ()J( tL /ìllilj . 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: