HomeMy WebLinkAboutAgenda Report - April 19, 2006 M-03AGENDA ITEM M-03
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance No. 1778 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code by Repealing Chapter 2.34, 'Administrative
Procedures for Administrative Proceedings,' in Its Entirety; Repealing and
Reenacting Section 3.01.460, Business Tax Certification — 'Enforcement';
Repealing and Reenacting Section 10.56.020 (J), (K), and (L)-(1), Removal of
Vehicles — 'Removal from Private Property'; Amending Building Code Section
15.04.060, 'Violation -Misdemeanor,' by Adding Section (C); Repealing and
Reenacting Chapter 15.24, `Housing Code,' Sections 15.24.30 — 15.24.70 and
Sections 15.24.090 — 15.24.100; Repealing and Reenacting Sections 15.28.030,
15.28.070, 15.28.080, 15.28.090, 15.28.100, 15.28.120, and 15.28.140 Relating to
the Abatement of Dangerous Buildings Code; Repealing Sections 15.30.040 —
15.30.220 and Reenacting Sections 15.30.040 — 15.30.060 Relating to Property
Maintenance and the Designation of Certain Kinds of Nuisances; and Amending
Chapter 15.31, `Weed and Refuse Abatement,' by Adding Section's 15.31.150 —
15.31.17 0
MEETING DATE: April 19,2006
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1778.
BACKGROUND INFORMATION: Ordinance No. 1778 entitled, "An Ordinance of the C i Council of
the City of Lodi Amending Lodi Municipal Code by Repealing
Chapter 2.34, 'Administrative Procedures for Administrative
Proceedings,' in Its Entirety; Repealing and Reenacting Section
3.01.460, Business Tax Certification —'Enforcement'; Repealing and Reenacting Section 10.56.020 (J),
(K) ,and (L)-(1), Removal cf Vehicles — `Removal from Private Property'; Amending Building Code
Section 15.04.060, 'Violation -Misdemeanor,' by Adding Section (C); Repealing and Reenacting Chapter
15.24, `Housing Code,' Sections 15.24.30 — 15.24.70 and Sections 15.24.090 — 15.24.100; Repealing
and Reenacting Sections 15.28.030, 15.28.070, 15.28.080, 15.28.090, 15.28.100, 15.28.120, and
15.28.140 Relating to the Abatement of Dangerous Buildings Code; Repealing Sections 15.30.040 —
15.30.220 and Reenacting Sections 15.30.040 — 15.30.060 Relating to Property Maintenance and the
Designation of Certain Kinds of Nuisances; and Amending Chapter 15.31, 'Weed and Refuse
Abatement,' by Adding Sections 15.31.150 — 15.31.170" was introduced at the regular City Council
meeting of April 5, 2006.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code§ 36934.
APPROVED:
Blair ity Manager
coundVcouncom/Ordinance3. doc
Adoption of Ordinance No. 1778
April 19, 2006
Page Two
Ordinances take effect 30 days after their final passage. Cal. Gov't Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required
Susan J. Blacksfbn
City Clerk
SJB/JMP
Attachment
ORDINANCE NO. 1778
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING
LODI MUNICIPALCODE BY REPEALING CHAPTER 2.34, "ADMINISTRATIVE
PROCEDURES FOR ADMINISTRATIVE PROCEEDINGS," IN ITS ENTIRETY;
REPEALING AND REENACTING SECTION 3.01.460, BUSINESS TAX
CERTIFICATION - "ENFORCEMENT"; REPEALING AND REENACTING
SECTION 10.56.020 (J), (K), AND (L)-(1), REMOVAL OF VEHICLES -
"REMOVAL FROM PRIVATE PROPERTY"; AMENDING BUILDING CODE
SECTION 15.04.060, "VIOLATION -MISDEMEANOR," BY ADDING SECTION
(C); REPEALING AND REENACTING CHAPTER 15.24, "HOUSING CODE,"
SECTIONS 15.24.30 - 15.24.70 AND SECTIONS 15.24.090 - 15.24.100;
REPEALINGAND REENACTING SECTIONS 15.28.030,15.28.070,15.28.080,
15.28.090, 15.28.100, 15.28.120, AND 15.28.140 RELATING TO THE
ABATEMENT OF DANGEROUS BUILDINGS CODE; REPEALING SECTIONS
15.30.040 - 15.30.220 AND REENACTING SECTIONS 15.30.040 -15.30.060
RELATING TO PROPERTY MAINTENANCE AND THE DESIGNATION OF
CERTAIN KINDS OF NUISANCES; AND AMENDING CHAPTER 15.31, "WEED
AND REFUSE ABATEMENT," BY ADDING SECTIONS 15.31.150 -15.31.170
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Chapter 2.34, "Administrative Procedures for Administrative
Proceedings," is hereby repealed in its entirety.
Section 2. Lodi Municipal Code Section 3.01.460, "Enforcement," is hereby repealed and
reenacted to read as follows:
A. Duties of the Finance Director. Itshall be the duty of the finance directorto enforce each and
all of the provisions of this chapter. For purposes of such enforcement, the finance director
and finance technicians (or equivalent position as it may be renamed from time to time) are
`officers"who may issue citations to violators of this chapter pursuantto Chapter 1.10 of this
code.
B. Inspections.The finance director, in the exercise of the duties imposed bythe provisions of
this section, and acting through deputies of duly authorized assistants, shall havethe rightto
enter and examine all places of business free of charge during normal business hours to
ascertain whether the provisions of this chapter are being complied with.
C. PenaltyforViolation. Any person who shall violate any of the provisions of this chapter shall
be subject to enforcement and penalty provisions set forth in Chapter 1.10 of this code.
Section 3. Lodi Municipal Code Section 10.56.020 (J), (K), and (L)-(1), "Removal from Private
Property," is hereby repealed and reenacted to read as follows:
J. Public Hearing. Upon request by the owner of the vehicle or owner of the land, received by
the community development director within ten days after the mailing of the notices of
intention to abate and remove, a public hearing shall be held in accordance with the
provisions of Chapter 1.10 of this code on the question cf abatement and removal of the
vehicle or parts thereof as an abandoned, wrecked, dismantled, or inoperativevehicle, and
the assessment of the administrative costs and the cost of removal of the vehicle or parts
thereof against the property on which it is located.
If the owner of the land submits a sworn written statement denying responsibilityfor the
presence of the vehicle on his/her land within such ten-day period, said statementshall be
construed as a requestfor a hearing, which does not require the owner's presence. Notice of
the hearing shall be mailed, by registered mail, at least ten days before the hearing, to the
owner of the land and to the owner of the vehicle, unless the vehicle is in such conditionthat
identification numbers are not available to determine ownership. If such a request for
hearing is not received within said ten days after mailing of the notice of intention to abate
and remove, the city shall have the authority to abate and remove the vehicle or parts
thereof as a public nuisancewithout holding a public hearing.
K. Public Hearing by Administrative Hearing Officer
All hearings under this chapter shall be held before the Administrative Hearing
Officer in accordance with Section 1.10 of this Code, who shall hear all facts and
testimony he/she deems pertinent. Such facts and testimony may includetestimony
on the condition of the vehicle or partsthereof and the circumstances concerning its
locationon the private property or public property. The Administrative Hearing Officer
shall not be limited by the technical rules of evidence. The owner of the land may
appear in person at the hearing or present a sworn written statement in time for
consideration at the hearing, and deny responsibility for the presence of the vehicle
on the land, with reasonsfor such denial.
2. The Administrative Hearing Officer may imposesuch conditions and take such other
action he/she deems appropriate underthe circumstancesto carryout the purpose
of this chapter. The Administrative Hearing Officer may delay the time for removalof
the vehicle or parts thereof if, in his/her opinion, the circumstancesjustify it. At the
conclusion of the public hearing, the Administrative Hearing Officer mayfind that a
vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative
on private or public property and order the same removed from the property as a
public nuisance and disposed of as hereinafter provided and determine the
administrative costs and the cost of removalto be charged against the owner of the
land. The order requiring removal shall include a description of the vehicle or parts
thereof and the correct identification number and license number of the vehicle, if
available at the site.
3. If it is determined at the hearing that the vehicle was placed on the land without the
consent of the owner of the land and that the owner has not subsequently
acquiesced in its presence, the Administrative Hearing Officer shall not assess the
costs of administration or removal of the vehicle againstthe property upon which the
vehicle is located or otherwise attempt to collect such costs from such owner of the
land.
4. If the owner of the land submits a sworn written statement denying responsibilityfor
the presence of the vehicle on his/her land but does not appear, or if an interested
party makes a written presentationto the Administrative Hearing Officer but does not
appear, the owner or interested party shall be notified in writing of the decision.
L. Judicial Review.
Any interested party may appeal the decision of the Administrative HearingOfficer in
accordance with the provisions of Chapter 1.10 of this Code.
Section 4. Lodi Municipal Code Section 15.04.060, "Violation -Misdemeanor," is hereby
amended by adding Section (C) and shall read as follows:
C. Any person who shall violate any of the provisions of this chapter shall be subject to
enforcement and penalty provisions set forth in Chapter 1.10 of this code.
2
Section 5. Lodi MunicipalCode Chapter 15.24 "Housing Code," Sections 15.24.30-15.24.70
and Sections 15.24.90- 15.24.100 are hereby repealed and reenacted to read as follows:
Section 15.24.030;`Section 401 amended - Definitions"
Section 401, Definitions, of the Uniform Housing Code, 1997 Edition, adopted by Section
15.24.010, is amended as follows:
A. Add to subparagraph "Board of Appeals" to read as follows:
Whenever in this Code reference is made to the "Board of Appeals," "Appeals Board," or
"Housing Advisory Board," it shall mean the Administrative Hearing Officer.
B. Add subparagraph "Building Officials" to read as follows:
Whenever in this Code reference is made to the "Building Official," it shall mean the legally
designated Chief Building Inspectoror Community Improvement Managerof the Cityof Lodi
or his authorized representative.
C. Change subparagraph "Health Officers" to read:
Whenever in this Code reference is made to the "City Health Officer" or "Health Officer," it
shall meanthe legal lydesignated Directorof the San Joaquin County Environmental Health
Division or his authorized representative.
D. Add subparagraph "Fire Marshal' to read as follows:
• Whenever in this Code reference is made to the "City Fire Marshal' or "Fire Marshal," it shall
mean the Fire Marshal of the City of Lodi or his authorized representative.
Section 15.24.040"Sections 1201.1, 1201.2,and 1201.3amended -Appeal to Administrative
Hearing Officer"
Sections 1201.1,1201.2pnd 1201.3of the Uniform Housing Code, 1994 Edition, adopted by
Section 15.24.010, are amended to read as follows:
Section 1201.Appeal to Administrative Hearing Officer
Any person aggrieved by any order of the Building Official hereunder to repair, vacate and
repair, or demolish any building or structure, or portion thereof, may appeal such order to the
Administrative Hearing Officer. The appeal, which shall be in writing and which shall state the
substance of the order appealed from, shall be submittedto the Administrative Hearing Officer
within ten (10)days from the date of personal service or mailing of the order which is being
appealed. The Administrative Hearing Officershall setthe matterfor hearing. Noticeof the date,
hour, and place of hearing shall be posted and served at least ten (10) days before the date set
for the hearing in the manner and upon the persons specified in Sections 1101. 3,1101.4 and
1101.5. The notice shall order all interested parties who desire to be heard to appeal and show
cause, if any they have, why the building or structure, or portion thereof, involved in the
proceedings should not be repaired, vacated and repaired, or demolished.
Section 15.24.050`;Section 1205 added - Administrative Hearing Officer hearing"
Section 1205 of the Uniform Housing Code, 1994 Edition, adopted by Section 15.24.010is
added to read as follows:
3
Hearing before Ad min istrative Hearing Officer. At the time stated in the notice, the Ad min istrative
Hearing Officer shall hold hearing and hear and consider any evidence offered bythe Building
Official, owner, occupant or person in charge and in control, mortgagee, or beneficiary under
any deed of trust, lessee, or any other persons having any estate or interest in said building or
structure, pertaining to the matters set forth in the Notice to Repair, Vacate and Repair or
Demolish. Upon the conclusion of the hearing, the Administrative Hearing Officershall render its
decision.
Section 15,24.060, "Section 1206 added — Order of the Administrative Hearing Officer"
Section 1206 of the Uniform Housing Code, 1997 Edition, adopted by Section 15.24.010,is
added to read as follows:
Order of the Administrative Hearing Officer. If, from a full and fair consideration of the evidence
and testimony received at the hearing, the Administrative Hearing Officer shall determine that
the building or structure, or any portion thereof, is unsafe and a public nuisance, then it shall
overrule the appeal and issue an order certified bythe City Clerk:
1. That the building or structure must be repaired, vacated and repaired, or demolished;
2. That the occupant, lessee, or other person in possession must vacate said building or
structure, or that he may remain in possession while repairs are being made;
3. That any mortgagee, beneficiary under a deed of trust, or any other persons having an
interestor estate in the said building or structures may, at his own risk, repair, vacate and
repair, or demolish it.
The ordershall (i) setforth the information required in Section 1101.2; (ii) contain a statementof
the particulars that renderthe building or structure unsafe and a public nuisance; and (iii) contain
a statement of the things required to be done. The order shall specify (i) the time within which
the work required must be commenced, which shall be not less than ten days after the issuance
of the order, and (ii) a reasonable time within which the work shall be completed.
Section 15.24.070;Section 1207 added—Serving and Postingof Orderof Administrative Hearing
Officer"
Section 1207 of the Uniform Housing Code, 1997 Edition, adopted by Section 15.24.010is
added to read as follows:
Sewing and Posting of Order of Administrative Hearing Officer. Copies of the order of the
Administrative Hearing Officershall be postedonthe building or structure involved and sewed in
the manner and upon the persons specified in Section 1101.3,1101.4,and 1101.5.
Section 15.24.090;Sections 1501.1 and 1501.2amended — Sale, Repair, or Demolition"
Sections 1501.1 and 1501.2 of the Uniform Housing Code, 1997 Edition, adopted by Section
15.24.010pre amended to read as follows:
Section 1501. Sale, Repair or Demolition. Whenever an order to repair, vacate and repair, or
demolish any building or structure, or any portion thereof, has not been complied with within the
time set bythe Building Official, or bythe Administrative Hearing Officer, whether underappeal
or not, the Administrative Hearing Officer -shall have the power, in addition to any other remedy
herein provided, to:
4
i . Cause the material of any such building or structure to be sold in any manner that the
Administrative Hearing Officer may determine upon; provided, however, that any such sale
shall be upon condition that the building or structure be forthwith demolished, the wreckage
and debris thereof removed and the lot cleaned. The Administrative Hearing Officer maysell
any such building singly or otherwise. Any surplus from the sale of any such building or
structure, or group of buildings and structures, over and above the cost of demolition and of
cleaning the site shall be retainedto be distributed to the parties or persons lawfully entitled
thereto.
2. Cause the building or structure to be repaired or demolished. The cost thereof shall be
assessed against the property upon which the particular building or structure is located or
the Repair and Demolition Fund. The repair of any building or structure, or sale of the
materials thereof, shall be by a contract awarded following advertisementfor bids, to the
lowest and best bidder in the case of repair or demolition work and to the highest and best
bidder in the case of the sale of material.
Arrangements, as prescribed bythe Administrative HearingOfficer in this section, preparing
forthe repair, demolition, or sale of materials, of orfrom any structure discussed inthis Code
shall be the responsibilityof the Building Official. However, no such arrangements nor other
work to that end shall be initiated prior to specific instructions from the Administrative
Hearing Officer indicating such action.
15.24.100;Violations — Penalty"
A. No person, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge,
alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building
or premises, or cause or permitthe same to be done, contraryto, or i n violation of, any of the
provisions of this housing code.
B. Any person, firm or corporation violating any provision of this code shall be deemed guiltyof
a misdemeanor and, upon conviction thereof, shall be punishable by a fine and/or
imprisonment set forth by the governing laws of the jurisdiction. Each separate day or any
portion thereof, during which anyviolation of this code occurs or continues, shall be deemed
to constitute a separate offense.
C. Any person who shall violate any of the provisions of this chapter shall be subject to
enforcementand penalty provisionsset forth in Chapter 1.10 of this code.
Section 6. Lodi Municipal Code Chapter 15.28, Dangerous BuildingCode," Sections 15.28.030,
15.29.070, 15.28.080;L5.28.090,15.28.10035.28.120 pnd 15.28.140are hereby repealed and
reenacted to read as follows:
Section 15.28.030 "Section 303 added — Board of Appeals"
Section 303, Board of Appeals, is added to the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, adopted by Section 3.5.28.010ps follows:
Whenever in this Code reference is made to the `Board cf Appeals," it shall mean the
Administrative Hearing Officer of the City of Lodi.
Section 15.28.070"Section 501.1, 501.2,and 501.3 added —Appeal to Administrative Hearing
Officer"
Section 501.1, 501.2,and 501.3 of the Uniform Code for the Abatement of Dangerous
Buildings, 1994 Edition, adopted by Section 15.28.010, is added to read as follows:
5
Section 501 Appeal to Administrative Hearing Officer.
Any person aggrieved by any order of the Building Official hereunderto repair, vacate and
repair, or demolish any buildingor structure, or portion thereof, mayappeal suchorderto the
Administrative Hearing Officer. The appeal which shall be in writing and which shall statethe
substance of the order appealed from, shall be submitted to the Administrative Hearing
Officerwithin ten (10) days from the date of personal service or mailingof the orderwhich is
being appealed. The Administrative Hearing Officershall setthe matterfor hearing. Noticeof
the date, hour, and place of the hearing shall be posted and served at least ten (10) days
before the date set for the hearing in the manner and upon the person specified in Section
401.3, 401.4, and 401.5. The notice shall order all interested partieswho desire to be heard
to appearand show cause, if anythey have, why the buildingor structure, or portionthereof,
involved in the proceedings should not be repaired, vacated and repaired, or demolished.
Section 15.28.080, "Section 505 amended — Hearing Before Administrative Hearing Officer"
Section 505 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,
adopted by Section 15.28.010, is amended to read as follows:
Hearing Before Administrative Hearing Officer. At the time stated in the notice, the
Administrative Hearing Officer shall hold a hearing and hear and consider any evidence
offered bythe Building Official, owner, occupantor person in charge and control, mortgagee,
or beneficiary under any deed of trust, lessee, or any other person having any estate or
interest in said building or structure, pertaining to the matters set forth in the Notice to
Repair, Vacate and Repair, or Demolish. Upon the conclusion of the hearing, the
Administrative Hearing Officer shall render its decision.
Section 15.28.090, "Section 506 amended — Order of Administrative Hearing Officer"
Section 506 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,
adopted by Section 15.28.010, is amended to read as follows:
Order of Administrative Hearing Officer. If, from a full and fair consideration of the evidence
and testimony received at the hearing, the Administrative Hearing Officer shall determine
that the building or structure, or any portion thereof, is unsafe and a public nuisance, then it
shall overrule the appeal and issue an order certified by the City Clerk;
1. That the building or structure must be repaired, vacated and repaired, or demolished;
2. That the occupant, lessee, or other person in possession must vacate said building or
structure, or that he may remain in possession while repairs are being made;
3. That any mortgagee, beneficiary under a deed of trust, or any other person having an
interestor estate in said building or structure may, at his own risk, repair, vacate and repair,
or demolish it.
The order shall (i) set forth the information required in Section 401.2 Item 1; (ii) contain a
statement of the particularsthat renderthe building or structure unsafe and a public nuisance;
and (iii) contain a statement of the things required to be done. The order shall specify (i) the time
within which the work required must be commenced, which shall be not less than ten days after
the issuance of the order, and (ii) a reasonabletime within which the work shall be completed.
Section 15.28.140, "Section507 amended—Serving and Postingof Orderof Administrative Hearing
Officer"
21
Section 507 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,
adopted by Section 15.28.010, is amended to read as follows:
Serving and Posting of Order of Administrative Hearing Officer. Copies of the order of the
Administrative Hearing Officershall be postedon the buildingor structure involved and served in
the manner and upon the persons specified in Section 401.3, 401.4, and 401.5.
Section 15.28.120, "Section 80.1 amended — Sale, Repair, or Demolition"
Section 801.1 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,
adopted by Section 15.28.010, is amended to read as follows:
Section 801.1. Sale, Repair, or Demolition. Whenever an orderto repair, vacate and repair, or
demolish any building or structure, or any portionthereof, has not been complied with within the
time set bythe Building Official, or bythe Administrative Hearing Officer, whether underappeal
or not, the Administrative Hearing Officershall have the power, in addition to any other remedy
herein provided, to:
1. Cause the material of any such building or structure to be sold in any manner that the
Administrative Hearing Officer maydetermine upon: provided, however, that any such sale
shall be upon condition that the building or structure be forthwith demolished, the wreckage
and debris thereof removed and the lot cleaned. The Administrative Hearing Officermaysell
any such building singly or otherwise. Any surplus from the sale of any such building or
structure, or group of buildings and structures, over and above the cost of demolition and of
cleaningthe site shall be retainedto be distributedto the parties or persons lawfully entitled
thereto.
2. Cause the building or structure to be repaired or demolished. The cost thereof shall be
assessed against the properly upon which the particular building or structure is located or
the Repairand Demolition Fund. The repairor demolitionof any building orstructure, orsale
of the materials thereof, shall be by contractawarded following advertisement for bids, to
the lowest and best bidder in the case of repair or demolition work and to the highest and
best bidder in the case of the sale of material.
Arrangements, as prescribed bythe Administrative Hearing Officer in this Section, preparing
for the repair, demolition, or sale of materials,oforfrom any structure discussed inthis Code
shall be the responsibilityof the Building Official. However, no such arrangements or other
work to that end shall be initiated prior to specific instructions from the Administrative
Hearing Officer indicating such action.
Section 15.28.140, "Violation— Penalty"
A. No person, whether as owner, lessee, sublesseeor occupant, shall erect, construct, enlarge,
alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building
or premises, or cause or permitthe same to be done, contraryto or in violation of any of the
provisionsof this chapter.
B. Any person,firm, or corporation violating any provision of this code shall be deemed guilty of
a misdemeanor, and upon conviction thereof, shall be punishable by a fine and/or
imprisonment set forth by the governing laws of the jurisdiction. Each separate day or any
portion thereof, during which any violation d this code occurs or continues, shall be deemed
to constitute a separate offense.
C. Any person who shall violate any of the provisions of this chapter shall be subject to
enforcementand penalty provisions set forth in Chapter 1.10 of this code.
7
Section 7. Lodi Municipal Code Chapter 15.30, "Properly Maintenance and Designation of
Certain Kinds of Nuisances," Sections 15.30.040 — 15.30.220 are hereby repealed and Sections
15.30.040 — 15.30.060 are reenacted as follows:
Section 15.30.040, "Declarationof Public Nuisance"
Any properlyfound to be maintained in violation of the foregoing section is declared to be a
public nuisance and shall be subject to the administrative procedures set forth in Chapter
1.10. The proceduresfor abatement set forth therein shall not be exclusive, and shall not, in
any manner limit or restrictthe city from enforcing other city ordinances or abating public
nuisances in any other manner.
Section 15.30.050, "Alternative Actions Available"
Nothing in this chapter shall be deemed to prevent the city council from ordering the
commencement of a civil proceeding to abate the nuisance pursuant to applicable law or
restricting the city from pursuing any other remedy available under applicable law.
Section 15.30.060, "Violation — Penalty"
Any person who shall violate any of the provisions of this chapter shall be subject to
enforcement and penalty provisions set forth in Chapter 1.10 of this code.
Section 8. Lodi Municipal Code Chapter 15.31, `Weed and Refuse Abatement," is hereby
amended by adding Sections 15.31.150 —15.31.170 and shall read as follows:
Section 15.31.150, "Declaration of Public Nuisance"
Any properlyfound to be maintained in violation of the foregoing section is declaredto be a
public nuisance and shall be subject to the administrative procedures set forth in Chapter
1.10. The proceduresfor abatement set forth therein shall not be exclusive, and shall not, in
any manner limit or restrict the city from enforcing other city ordinances or abating public
nuisances in any other manner.
Section 15.31.160, "Alternative Actions Available"
Nothing in this chapter shall be deemed to prevent the city council from ordering the
commencement of a civil proceeding to abate the nuisance pursuant to applicable law or
restrictingthe city from pursuing any other remedy available under applicable law.
Section 15.31.170, "Violation —Penalty"
Any person who shall violate any of the provisions of this chapter shall be subject to
enforcement and penalty provisions set forth in Chapter 1.10 of this code.
Section 9 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof. a mandatory duty of care towards persons or propertywithin the City or outside of the City
so as to provide a basis of civil liabilityfor damages, except as otherwise imposed by law.
Section 10. All ordinances and parts of ordinances in conflict herewithare repealed insofaras such
conflict may exist.
Section 11. This ordinance shall be published one time in the "Lodi News Sentinel," a daily
newspaper of general circulation printed and published inthe City d^ Lodi, and shall be inforce and
take effect 30 days from and after its passage and approval.
Attost:
BLA�STON
16�r+1�
State of California
County of San Joaquin, ss.
Approved thisl 9th day f April, 2006.
, , 0, 1,4 �C/
SU$A(N HITCHCOCK
Mayor
I, Susan J. Blackston, CityClerkof the Cityof Lodi, do hereby certify that Ordinance No. 1778was
introduced at a regular meeting of the City Council of the City of Lodi held April 5, 2006, and was
thereafter passed, adopted, and ordered to print at a regular meetingof said Council held April 19,
2006, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, Mounce, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS —None
I further certify that Ordinance No. 1778 was approved and signed by the Mayor of the date of its
passage and the same has been published pursuantto law.
Approved as to Form:
D. EPHEN SCH AUER
City Attomey
0
S
City Clerk