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HomeMy WebLinkAboutAgenda Report - August 28, 1991+ OF 4� Q CITY OF LORI COUNCIL COMMUNICATION AGENDA TITLE: PROPERTY MAINTENANCE/PROPERTY MANAGEMENT ORDINANCE PROPOSALS MEETING DATE: August 28, 1991 PREPARED BY: City Attorney RECOMMENDED ACTION: Council consideration and direction regarding property maintenance/property management ordinance formats. BACKGROUND INFORMATION: As the Council will recall, the newly adopted General Plan calls for adoption of a "property maintenance" ordinance to promote the general quality of life and to help protect property values in the City. The Council has also recently inquired as to the possibility of a "property management" ordinance to deal with deteriorating housing and its associated problems of drugs and crime. Since the topics appear related, it seems practical to handle both in one comprehensive ordinance rather than to approach the problems piecemeal. A special City Council meeting has been scheduled for August 28, 1991 for that purpose. Before starting to draft the ordinance, the assistance of the Police, Community Development, and Public Works Departments was obtained, as we71 as input from the business community. Numerous problems were discussed, along with possible ways of handling them. Ordinances from several other cities were examined and I spoke personally with a number of staff members from other jurisdictions who had the responsibility of enforcing such ordinances. I discovered there are many possible ways to approach the problems. Because of the number of available options, no attempt has been made to put together a draft ordinance at this time. Instead, below are described various elements or components of an ordinance from which the Council may choose those that are deemed appropriate for Lodi's situation. APPROVED. THOMAS A. PETERSON City Manager Cal Property Mainten, /Property Management Ordinanct roposals August 28, 1991 Page Two RESIDENT MANAGER ORDINANCE I t has been proposed for purposes of discussion that the City require a resident manager for all multi -family housing units having (for example) more than four units. 'Ihe purpose would be to avoid deterioration of housing by having someone present to perform maintenance and to discourage use of certain housing for drug dealing or usage. This proposal has generated corrnnent by both members of the public and the real estate industry (attachment). Comments received at previous Council meetings indicate that some residents strongly believe such regulations would be desirable and effective, while the real estate industry generally feels they would have an adverse effect on rentals and n y not be financially practical. In preparing this report, a rather obscure regulation adopted by the State Department of Housing (apparently in 1989) came to light. Title 25, Section 42 of the California Code of Regulations (attached) requires a resident manager for apartment complexes with sixteen or more apartments and for hotels with twelve or more morns if the owner does not reside on site. For apartments with more than four but less than sixteen units, a sign with the owner's or agent's name and address must be conspicuously posted. I don't know how widely this ordinance's requirements are observed or even what percentage of apartment owners know of i t s existence. The regulation was call3d to my attention by members of the California Association of Realtors, so I suspect that a significant number of owners are aware of it. I do not believe this State regulation preempts the field, so as to prevent cities from adopting more stringent ordinances if desired. Cities are only prohibited from adopting further regulations on a given topic if the State Legislature has acted "by a comprehensive plan" to occupy the entire field. As such, if the Council chose to impose resident manager requirements for apartment buildings having fewer units than sixteen, I believe it could legitimately do so. This seems to be the most ommm type of ordinance used elsewhere to protect health, safety and property values. A t present, Lodi has no actual "nuisance" ordinance in place although the weed abatement program is of that general nature, and parts of the Uniform Codes which the City has adopted by reference arguably cover some types of nuisances. I t may be in the City's best interest to consolidate and clarify these prov.isions . Usually, a nuisance ordinance prohibits such things as (for example): Property Mai nten e/Property Management Ordi nanc, roposal s August 28, 1991 Page Three ° Accumulations of dirt, debris or litter; ° Clothes lines or clothes hanging in front yards; ° Boxes, lumber, firewood, trash, salvageable materials, etc. allowed to accumulate in yards; Abandoned, broken or neglected equipment, machinery, refrigerators, stoves , or vehicle parts; n Open excavations; Broken or discarded furnitu're or household goods; ° Accumulations of weeds, dead, decayed or diseased vegetation constituting an unsightly appearance or health and safety hazard; ° Some ordinances go so far as to define visibly deteriorated or peeling paint as a nuisance. These ordinances provide for cleanup orders to be issued by a designated city official, and a summary hearing before (usually) the city manager or the manager's designee. Appeal is to the city council in most cases. Orders may include cleanup, abatement, or in extraordinary cases, demolition. Costs of enforcement are imposed on the property owner. This type of ordinance has been used by the City of Dublin with good results according to ny conversation with Dublin staff. This type of ordinance would require less staff time to administer than most of the other options discussed. RENTAL INSPECTION ORDPONUS The idea of requiring inspection of rental residential property each time the occupants change has been discussed. It is possible to do so, but this would require extensive time and effort and the probable addition of staff. Two types of inspection ordinances were located. They are discussed below. A. Change of Occupancy Inspection. The City of Azusa uses such a program and my conversation with them indicates there are two employees who handle the rental registration/ inspection program full time. I am informed that the program is funded with approximately $200,000 per year in Community Development Block Grant Funds. Azusa staff acknowledged there are some problems with the program, since not all rental owners register their properties voluntarily. Property Maintenance/ Property Management Ordinance Proposals August 28, 1991 Paye Four This ordinance has three parts; first, a registration requirement which gathers certain information for a file administered by the City; second, an inspection provision which calls for inspection of rental property every time the home is vacated and reoccupied. The inspection is triggered by an application for municipal utility services. The third element is a nuisance abatement component similar to the Dublin ordinance discussed above. B. Yearly Inspection/Inspection Upon Sale. A second and less time consuming type of program might involve an "inspection on sale" requirement. This is the approach used by the City of Davis. It requires that a certificate of occupancy be issued either yearly or when property is sold or transferred with a lease/purchase agreement, whichever occurs more frequently. This approach would not require the registration of all rental properties, since it applies only to sales cr lease/purchase options. It would still require a certain amount o° citizen cooperation since the City would have no way of knowing about all lease/option agreements unless the information is volunteered. Both the "change of occupancy" and "change of ownership" inspection pians would probably have to be funded by an inspection fee charged to the party requesting the inspection. REGISTRATION OF RENTALS It may also be desirable to require registration of rental property, even if no inspection program is involved. The reasons for this are twofold: first, having access immediately to the address and phone number of the rental owners would help staff if there is a problem such as a sewer line break. Second, it may also be possible to treat rental units as a business, so as to be subject to the City's business 'license provisions. HEALTH AND SAFFIY CODE PROVISIONS It also appears possible to use provisions of State law (Health and Safety Code Section 11570 et seq.) to abate premises where drugs are being sold. This approach has never been used in Lodi before, probably because of the time and effort required. This program is used in Stockton, and is administered by the Police Department and City Attorney's office. I t could be used here as a "last resort action", but time constraints would prohibit frequent use without additional staff. Council direction is requested. FUNDING: Unknown at this time. Bob' McNatt +' City Attorney PROPMTC2/TXTA.0IV OWN 1/®p Miss Collins Realty 2401 West Turner Road gm+e 300 Woodlake Plaza Lodi. Cali)6mia95242 Fax (209) 360-0168. Residence (209) —8-6709 3akiess (209) 369-8436 RAJ { � Evelyn L. Rich q^ � •'v .0 REALTORS t --41 i Each OfFcels (ndependenty Owned And Operated STURMAN JACOBSON ARF,10S PROPERTI E S, I N C. August 9,. 1991 Mr. Bob W. McNatt City Attorney P. O. Box 3006 Lodi, CA 94241-1910 Dear Mr. McNatt: AUG 12 X991 MY Attorney's WIN As ycr may be aware. I am a local real estate broker. Through the Lodi Board of Realtors I received copies or fetters that you have sent regarding both the proposed Right to Farm Ordinance and the memorandum concerning the City Council's consideration of resident manager/property maintenance ordinance formats. While I am not on the Board of Directors of the Lodi Board of Realtors, I feel like my opinions must reflect the sentiments of those people in my busicess. I am dismayed that our Board of Directors has not communicated a vehement negative response concerning these two issues. Since they did not, I must believe that they didn't take the necessary time to really ccnsider the ramirications of these proposed ordinances. The Right to Farm Ordinance is, in my opinion, another governmental interference into private business. An ordinance such as this again mages a mountain out of a mole hill and by viture of its existence, increases the liability of people in my business, as well as those people engaged in selling their properties. In my opinion, passage of such an ordinance is an attempt to relieve the City of Lodi of answering to the public regarding farm practices vis-a-vis residential rights. That is not such a big issue that the City should bestow upon the real estate industry the responsibilities of answering to those conflicts and by the way, just what are the "lawful and proper use of agricultural chemicals and pesticides", Perhaps your ordinance should go into complete detail as to what is lawful, what is proper and what exactly will be going on at each time of the year and how many and what kind of additional personnel are going to be necessary to perform these functions. Gosh, the more I think about it, the longer this ordinance ought to be! If the Right to Farm Ordinance is a waste of government official's time to ccnsider then, in my opinion, consideration of the resident manager/property maintenance ordinance formats is an obscenity. I certainly am in favcr of property owners maintaining their property 641 South Ham Lane, Suite A 0 Lodi, California 95242 0 209.333.1881 Page Two for both the reasons of maintaining their and other peoples= property values, as well as for simple beautification of our town. To legislate this issue as suggested, however, puts undue burdens on all good property owners and will obviously increase the cost of ownership of rental. units. That business is already burdened by high property values and increasing difficulty to raise rents, as well as other legislative responsibiflties. The City can certainly make use of its existing departments to investigate complaints and to act accordingly. I feel that further elaboration on this issue is unncessary. The entire proposal is ridiculous. I would be more than happy to communicate with you or the Council members as to my opinions on these issues from a professional standpoint. I believe that my 15 years in the real estate business lends substantial credibility to my thoughts. I appreciate your time in considering my you that they are also the thoughts of ha oker to about these issues. Respep: , JIM SORMAN, Broker STURMAN JACOBSON ARBIOS PROPERTIES, INC. JS:jf cc: Mayor and City Council Members City H 12 P. 0. Box 3006 Lodi, CA 95241-1910 thoughts and I can assure all those realtors that i Aug. 19 '91 14:11 1234,, -CALIFORNIA ASSO. REALTOR TEL 213.480?724 § 26 BAItCLAYS CALIFORNIA CODE OF REGULATIONS (10) An approved Testing Agency which docs not list and label may be used in conjunction with an approval L13ting Agency to perform the listing and labeling required to certify it manufacturer's foam building system. a) Approval -Approved Testing and/or hating Agency. (1) Any agency may officially request., in writing. Depitrtmcat approv (2)Theinformation rcqu:rcd in Sub:c don 24(i) shall be submitted se- com2anied by a fee in the amount of $140. (3) Tho Department shall: (A) Acknowledge receipt of applications and foes. (B) Review applicant's submissions within a reasonable time anded- Viso him concerning the approval thereof. (k) Revocation of Approval -.Approved Tcsting and/or Listing Agency. The Department may revokc its approval of an approved agency for cause. re A Department vocation may be subject to appeal. Note Authority cited: Sections 17003.5, 17920.9, 17921, 50 IS sad $0559. Health and Safety Code. Retesenw. Sections 17920:9.17921, Health and Safety Code. 6 28. Mechanic----Bttllding Regulations. A II buildings and str ueturct subject to the provisions of this subchapter shall comply with the basic mechanical requirements contained in Part 4. Title 24, California Administrative Code. Ncn-m The provisions oonisined in the Unisred Prosstae vessels safety Order, California Adntinist utive Code, Tito S. Part 1. Cb 4. Subdtspta 1. esove as peattitted or required by the Uniform Modm&4 Code. when not athecwJoe sub loeafomcmcmbythaDivisionafMdtutrisiSsfety.Depamentoflndua- trial Relations. Shan apply to this Subchapter. Nota Authority citod., Sections 170D3.5,17921. IIM 50061.5 and =59. Health CS and Safety Code. Reference. Sections,17921, 17922, Health and Safety $ 28. Eloctricat-Bullding Regulations. M buildings and strictures subject to the provisions of this subchapter shall comply with the basic electrical natrrirements contained In Past 3. Title 24. California Administrative Cb3o. Nam Authority elted: Sections 17003.5, 17921, 17922.5006f.5 and 50559.-, Health and Safety Coda. Reference: Sections IMI. 17922, Health and Safety Code. 130. Piumbing-Regulations. All buildings and structures subject to the provisions ofthissuhchapter shall comply with the basic plumbing regulations contained in Part 5. Title 24, California Administrative Code. Nam Authority cited: Sections 17003,5. 17921, 17922, $0061.5 and 50559, Health and Safety Code. Reference: Sections 17921, 17922, Health and Safety Code. Article 5. Existing Buildings 032. Space, Occupancy, and Malntbnance. Except as otherwise pennilled or rcqubvd byHcalth and Safety Code, Division 13, Pwt 1.5 and this subchapter, the proviAiona of tho 1988 edi. don of the Uniform Housing Code. Chapters 4, 5, 6 and Sections 701(b) Lind 701(c), As adopted bydit international Conferonae ofBuilding0fri- eials, are hemby incorporated bymferenoc and shall apply to buildings oratruetures subject to the provisions of this s0, haptcr. Ntyrr-• Authority cited: Sections 17003.5, 17921, 17922, 50061.5 and 50359, Health and Safety Code. }reference: Section 17922.1fealth and Safety Code. H1rnoRY 1. Amendment filed 6-5-96: cffoctivc Nnic0i dry dterrafter (Register 66, No. 231. 2. Amendment filed 5-24-99; operative 6-23••99 (Register 99. No. 22). ¢ 34. Hooting. (a) Every dwcliing unit and guest room used oroffer+cd forrentoriease shall continue to be provided with heating facilities capable of maintain- ing a minimum room temperuturt of 70 ticgrres F at a point three feet P. 2 . above the floor in all habitable rooms and when the heating facilities aro not under the control of the tonunt or occupant of the building owner and/ or manager shall be required to provide said heat at a minimum terrtpera- ture of 70 degrees P24 hours a day. Such facilities shall be. in "od and maintained in a safe condition and in accordance with Chaptcr37 of the Uniform Building Code, the Uniform Mechanical Code. and otherappli. cabin Jaws. No unvcntcd fuel burning heater shall be permitted Alihost. ing devices or appliances shall be of the approved type. ('b) The provisions of subsection (a) are subject to the exemption for existing buildings provided in Section 103(a) of the i.,riform Housing Code, (c) Thosc buildings and structures which are exempt from the requim- ments of subsection (a) shall be provided with beat at a temperstum as close to 70 degrees as the existing beating facilities arecapablo of provid- ing at a point three feet above the floor in all habitable rooms when the heating facilities are not under control of the tenant. Notst Authority cited: Secdons 17003,5. 17921. 17922, 50061.5 and 50559. Health and Safety Code. Reference: Sections 17920.3,17921 and 17922. Health and Safety Code. 136. Rehabilitation and Repair. Rehabilitation and repair of existing buildings shall be subject to the requirements of Section 17922(c), Health and Safc4y Code. Nam Authority cho& Seaton$ 17003.5.17921.17922(eh 50061.5 and $0559. Health sad Safety Code. Reference: Sections 17922(c) and 17938.3. Health seal safety Coda 138. Garbage Receptaoiee. An adequate n umber of appropriate receptacles with close-fittingoov- ere for garbage and rubbish as may be considered necessary by the an. forcing agency shall be provided for the occupant of every dwelling un t by the owner ea operator of every apuuunent house. hotel or combination thereof. Each receptacle shall be kept in a clean condition and in good M pair. Nom Authority cited: Sections 17003.5,17923, 50061.5 and SOSS9. Heaith and Safety Code. Reference; Sections 179203 and 17922, Health and Safety Code, 140. Bedding. In every ap atmcni house or hotel every part of every bed, iricluding the mattress, sheets, blankets, and bedding shall be kept. in a clean. dry and sWtary condition, time from filth, urine, or other foul matter. and from the infection of lice, bedbugs. or other insects. no bad linen in is hotel shall be changed before a new guast occupies the bed. In every dwelling unit where linen Is f n7dshed, the linen shall be. changed befcm a now guest occupies the dwelling unit. Non:: Authority cited: Sections 17003-5.37921. 17922. 50061.5 and 50559, Health and Safety Code. Referenda: Sections 17920.3 and I7922. Heald: and Safety Code. 42. Carotaker. A manager, jani tor. housekeeper. or other responsible persons &hall re- side upon the premises and shall have charge of every apartrnent housd in which there arc 16 or mora apartments, and of every hotel in which there are 12 or snore guestrooms, in the event that the owner of any such apartment house or hotel does not resido upon said premises. Only one caretaker would be required for all structures under one ownership and on one contiguous parcel of land. If the owner does not mvida upon the premises of nny apartment house in which there are mons than four but leas than 16 apartments, a notion stating his name and address. of the name and addro::s of his agent in charge of the apartment house, shall be posted in a conspicuous plea on the promises. Nam. Authority cited: Sections 17003.5,17921, M1.5 and 50559, Health and Safety Code. Rcfcrcnce: Sections 17910-17995, Health and Safety Code. ¢ 44. Hotplates. The us* of hotplatcA existing in rooms prior to September 20, 1963 shall be in accordance with the provisions of Section 7921.1 of the Health and Safety Code. Naar Audwrity sited: Sections 17003,5, 17921, 50061.5 and $0559. Health and Safety Code. Reforooe: Suction 1792 1.). Health and Safety Code. n,...,. ,e %r l 195 oXD." F,,.c- - 5.64.010 Chapter 5.64 5.64.1.90 Notice of intent to demolish. PROPERTY MAINT11NALNCE Article IV. Lien Procedure - 5.64.200 Record of cost of Sections: abatement. Article I. General Provisions 5.64.210 Assessment lien. 5.64.010 Definitions. 5.64.220 Notice of lien. 5.64.020 Enforcement authority _ designated--0Yil Article L General Provisions actions available- 5.64.030 Violation—Penalty. 5.64.010 Definitions. "Back yard" means that portion of Article II. Nuisances property between abuilding and the back 5.64.040 Residential property. property line. 5.64.050 Nonresidential property. "Building" means any house, garage, 5.64.060 Declaration of public duplex, apartment, condominium, stock nuisance. cooperative, and other residential and nonresidential structures. "City" means the city of Dublin. Article III. Abatement Procedure "City Manager" means the City Man- . 5.64.070 Notification of nuisance. ager or his designees. 5.64.080 Administrative "Front yard" means that portion of hearing—Generally. property between the street and abuild- 5.64.090 Notice of hearing. ing`Owner" 5.64.100 Administrative means any person owning hearing—Procedure. property, as shown on the last equalized 5.64.I 10 Nuisance finding— assessment roll for city taxes or the lessee, Procedure when no tenant or other person having control or appeal. possession ofthe property. $.64.120 Appeal procedure. "Person" means any individual. part- 5.64.130 Appeal hearing nership, corporation. association or procedure. other organization. however formed. 5.64.140 Decision by City "Property" means (a) all nonresiden- Council. tial zoned real property and any building 5.64.150 Service of order to abate. located on such property, referred to as 5.64.160 Filing appeal of city nonresidential property; and (b) front Council's decision-- yards, the unfenced portions of side Time limit. yards, the unfenced portion of back yards 5.64.170 Abatement by city. of comer lots, driveways, walkways, and 5.64.180 Demolition restrictions. sidewalks of all residential real property 195 196 r 5.64.010 and shall include any building located on each and every day during any portion of such property, referred to herein as resi- which any violation of any provision of dential property. this chapter is committed, continued or "Side yard" means that portion of permitted by such person and shall be property between a building and the side punishable accordingly. property lice. (Ord. 13-88§§ 1.1 — 1.9) D. The City Manager shall have the power to designate by written order that 5.64.020 Enforcement authority particular officers or employees shall be designated --:-Civil sctions authorized to enforce particular provi- available.sions of this chapter. Officers or employ - Nothing in this chapter shall be ees so designated shall have the authority deemed to prevent the Council from to arrest persons who violate any of said ordering the commencement of a civil provisions. (Ord. 13-88§ 5.2) proceeding to abate a public nuisance pursuant to applicable law or from pur- suing any'other remedy available under Article 11. Nuisances applicable law. Violation of the provi- siof this chapter constitutes an infrac- 5.64.040 Residentialro er P p tY� tion. The City Manager is designated as It is unlawful for any person owning, the enforcement authority. (Ord. 13-88 § leasing, renting, occupying or having 5.1) charge or possession of any residential 5.64.000 Violation—Penalty. property in the city to maintain or to A. Any person, fiianpr corporation allow to be maintained such property in violating or causing, or permitting to be such manner that any of the following violated any of the provisions of this conditions are found to exist thereon, for chapter shall he deemed guilty of an an unreasonable period of time and are infraction. visible from apublic street, except as may B. Any person, fine, or corporation be allowed by any other provision of law; convicted of an infraction under the including provisions of city ordinances: provisions ofthis chapter shall be punish- A. The accumulation of din, litter or able as provided in Government Code debris; Section 36900. Any violation beyond the B. Clotheslines or clothes hanging in third conviction within s one-yearperiod front yards; may be charged by the District Attorney C. Boxes, bins, containers, fire wood. as a misdemeanor and the penalty for lumberJunk, trash, salvage materials, or conviction of the same shall be subject to other similar materials; a fine or imprisonment or both not to D. Attractive nuisances dangerous to exceed the limits set forth in California children including abandoned, broken, Penal Code Section 19. or neglected equipment, machinery, C. Each person, firm, or corporation refrigerators and freezers, hazardous shall be guilty of a separate offense for pools, ponds, and excavations; 196 E. Broken or discarded furniture: household equipment and furnishings or shopping carts; E Overgrown vegetation likely to har- bor rats, vermin and other nuisances dangerous to public health, safety, and welfare, or obstructing a necessary view of drivers on public streets or private driveways; G. Weeds, dead, decayed, diseased or - . hazardous trees, and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare; H. Graffiti on the exterior of any building, fence or other structure; I. Vehicle pans or other articles of personal property which are abandoned or left in a state of partial construction or' repair; 3. Mobile homes, recreational vehi- cles, utility trailers, unmounted camper - tops, boats, cars, trucks, or other vehicles, that are parked or stored in violation of the zoning provisions; and/or K. Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction and such buildings which are unpainted or where the paint on the building exterior is mostly worn off. (Ord. 13-88 § 2.1) 5.64.050 Nonresidential property. It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any nonresiden- tial property in the city to maintain or to allow to be maintained such propeny in such manner that any of rhe following conditions are found to exist thereon for an unreasonable period of time and are 5.64.040 visible from a public street, except as may be allowed by any other provision of law including provisions of city ordinances: A. The accumulation of dirt, litter, or debris; B. Boxes, bins, containers, fire wood, lumber, junk, trash, salvage materials, or other similar materials; C. Attractive nuisances dangerous to children including abzndoned, broken, or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds, and excavations; D. Broken or discarded furniture, household equipment and furnishings or shopping carts; E. Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety, and welfare, or obstructing a necessary view of drivers on public streets or private driveways; F Weeds, dead, decayed, diseased or hazardous trees, and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare; G. Vehicle parts or other articles of personai property which are abandoned or left in a state ofpartial construction or repair; H. Mobile homes, recreational vehi- cles, utility trailers, unmounted camper - tops, boats, cars, trucks, or other vehicles. that are -parked or stored in violation of the zoning provisions; I. Graflitionthe exterior ofany build- ing, fence or other structure; J. Buildings which are abandoned, boarded up, partially destroyed, or left in s state of partial construction and such 5.64.050 buildings which are unpainted or where the paint on the building exterior is mostiyworn off. (Ord. 13-88§ 2.2) 5.64.060 Declaration of public nuisance. Any property found to be maintained in violation of Sections 5.64.040 or 5.64.050 is declared to be a public nui- sance and shall be abated by rehabilita- tion, removal, demolition, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other city ordi- nances or abating public nuisances in any other manner provided by law. (Ord. 13-88§ 2.3) Article III. Abatement Procedure 5.64.070 Notification of nuisance. Whenever the City Manager deter- mines that any property within the city is being maintained contrary to one or more of the provisions of Sections 5.64.040 and 5.64.050. he shall give writ- ten notice, "Notice to Abate", to the owner of the property stating the sec- tion(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven (7) calendar days. for correcting the violation(s) and may also set forth suggested methods of cor- recting the same. Such notice shall be served upon the owner in accordance with provisions of Section 5.64.090 cov- ering service in person or by mail. (Ord. I3-88 § 3.1) 198 5.64.080 Administrative hearing— . Generally. In the event the owner shall fail, neglect or refuse to comply with the "Notice to Abate," the City Manager shall conduct an administrative hearing to ascertain whether the violation con- stitutes a public nuisance. (Ord. 13-88 $ 3.2) 5.64.090 Notice of hearing. Notice of said hearing shall be served upon the owner not less than seven (7) calendar days before the time fixed for hearing. Notice ofhearing shallbe served in person, by first class mail, or by cer- tified mail to the owner's last known address. Service shall be deemed com- plete at the time notice is personaily served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below: NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE This is a notice of hearing before the City Manager (or his designees) to ascertain whether certain property sit- uated in the City of Dublin, State of California, known and designated as (street address) . in said City, and more particularly described as (assessor's parcel number) con- stitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or dem- olition ofbuildings situated thereon. If said property, in whole or part, is 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 method(s) of abatement are:-- All re:_All persons havizig 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) 199 5.64.090 5.64.100 Administrative hearing— Procedure. A. A t the time stated in the notice, the City Manager shall hear acd 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 Citi 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 method(s) of abate- ment andthe 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. 13-55 § 3.4) 5.64-110 Nuisance finding— Procedure when no appeal. In the absenceof any appeal, the prop erty shall be rehabilitated, repaired. removed or demolished in the mann^r and means specifically set forth in the findingsand order. In the eventthe 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 tilled to the owner, as specified in Section 5.64.170. 5.64.110 The City Manager is expressly autho- rized to enter upon the property for such purposes. (Ord. 13-58§ 3.5) 5.64.220 Appeal procedure. A. The owner may appeal the City Manager's findings and crder to the City Council ("Council") by filirg an appeal with the City Qerk 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 groucds for appeal, together with all material facts in support thereof, 5. The date and signatures of all appellants; and - - - - 6. The verification of at least one (I ) appellant as to the truth of the matters stated in the appeal. R As soon as practicable after receiv- ing the appeal, the City Clerk shall 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 (3 0) calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time acd 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 personally or by mailing a copy thereof. postage prepaid. addressed to the 200 appellant at his address shown on the appeal. Continuances ofthe 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. Al I hearings shall be tape recorded. R Hearings need not be conducted according to the technical rules of evi- dence. C. Hearsay evidence may be used for the purpose ofsupplementing orexplain- 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 stare. 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 orstat- utory rule which might make improper the admission of such evidence over objection in civil actions in courts of competentjurisdiction in this state. D. Oral evidence shall be taken only on oath or affirmation. E. Irrelevant and unduiv repetitious evidence shall be excluded. (Oid. 13-58§ 3.9) 5.64.140 Decision by City Council. Upon the conclusion of the hearing, the Council shall determine whether the property or any pan 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 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 ofthe Council shallbe final. (Ord. 13-88§ 3.7) 5.64.150 Service of order to abate. A copy ofthe resolution ofthe Council ordering the abatement of said nuisance shall be served upon the owner(s) of the property in accordance 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§ 3.5) 5.64.160 Filing 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 purposes. 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, personnel 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 Sections 5.64.100 and 5.64.140 of this chapter. (Ord. 13-88§ 3.10) 5.64.180 Demolition resmctions. No property shall be found to be a public nuisance under Sections 5.64.040 K or 5.64.050 J and ordered demoiished 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. 13-33§ 3.12) 5.64.190 Notice of intent to demolish. A copy of any order or resolution requiring abatement by demolition under Secrions5.64.100 or5.64.150 shall be forthwith recorded with the Alameda County Recorder. (Ord. 13-58§ 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 5.64.200 expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the City Council showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto; provided that be£ouae the report is submitted to the City Council, a copy of the same shall be posted for at least five (5) days upon or in front of such p r o p erty, together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of the report and notice shall be served upon the owners of said property in accordance with the provisions of Sec- tion 5.64.090 at least five (5) calendar days prior to submitting the same to the City Council. Proof of the posting and service shall be made by affidavit filed with the City Clerk. (Ord. 13-58§ 4.1) 5.64.210 Assessment lien. A. The total cost for abating such nui- sance, as so confirmed by the City Council, shall constitute a special assess- ment against the respecrive lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. B. After such confirmation and recor- dation, a certified copy of the council's decision shall be filed with the Alameda County Auditor -Controller or? or before August 1st of each year, whereupon it shall be the duty of :he Auditor-Control- Ier to add the amounts of the respective 202 assessments to the next regular tax bills levied against said respective lots and parcels of Iand for municipal purposes and thereafter said amounts shall be col- lected at the same time and in the sarpe manner as ordinary municipal taxes are collected, and shall be subjectto the Same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. C. In the alternative, after such recor- dation, such lien may be foreclosed by judicial cr other sale in the manner and means provided by law. (Ord. 13-88§ 4.2 (per)) 5.64.220 Notice of lien. Such notice of lien for recordation shall be in form substantially as follows: NOTICE OF LIEN (Claim of City of Dublin) Pursuant to the authority vested by the provisions of Section — of Dublin Ordinance No. , the City Manager of the City of Dublin did on or about the— day o f ,19_., cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Dublin did on the — day o f 19_, assess the cost of such rehabilitation, repair or demolition upon the red property hereinafter described; and the same has not been paid nor any part thereof, and that said City of Dublin does hereby claim a lien on such rehabilita- tion, repair, or demolition in the amount of said assessment, to wit: the sum of5 - and the same, shallbe a lien upon said real property until the Same has been paid in full and dis- charged of record. The anal property hereinabove men- tioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Dublin; . 203 5.64.220 County of Alameda, State of Califor- nia, and particularly described as fol- lows: (description) Dated this —day of __., 19_. City Manager City of Dublin (Ord. 13-83 § 4.2 (part)) J U N 2 0 1991 City Attorney's Office ABM'k:mENT OF REAL PROPERTY NUISANCES Chapter 15A9 ABATE mEN'T OP REAL PROPERTY NUISANCES' 8ectionfi, � 15.08.010 Deaignated. 16.08.020 Abatement. 15.08.030 Commencementof proceeding. 15.08.040 Hearing—Notice. 15.03.050 Same—Conduct. 15.08.080 Order of abatement. 15.08.078 Appeal. 15.08.080 Council action. 15.08.090 Notice of Council decision. 16.08.106 Cost of abatement. 15.08.110 Report—Hettring and proceedings. 15.08.1£0 Aigwweut ureutiW aguinat preprty. 15.08.130. Alternativea. 15.08.140 Emergency Abatement, 15.08.150 Violation—Penalty. 15.08.010! DESIGNATED. It is declared a public nuisance for any person owning, leasing, occupying or having charge or poo. twoofon of any real property in this City: A. To maintain any buflding on property which constitutes a fire hard 6Y it Alger w human Ml, -m B. To maintain the property, the topography or configWation . of which, wheitlier a natural state or alt a result of grading opera_ tions, c Ams or will emm erosion, subsidence or surface water runoff problems which will or may be ituurioua to the public health, safety and welfare or to adjacent or nearby properties; or C. To maintain or fail to maintain Lhe property so as to allow the overgrowth of vegetation or the aocumulation of debris so ,x191 to constitute a fire hazard to likely habitat for vermis; or D. To maintain or fail to maintain the property, or any buiia. ing or structure thereon, f -a such condition so that it is defectiva, • Section I of Ord. 2217. 1984, repealed rorrmw Sectio.0 16.08.010—i5.o8.030, derived from prior code Soctioru 2102, 8105, X8108; and $rction 2 added a neva Chapt*r 15.08, Sections 15.08.010-15.08.159. 331 'rL•u�a 3 -19 -✓t)1 BUILDINGS ANL) CONSTKUMON unsightly or in euch condition of detericration or disrepair that it cwases or will cause an ascertainable diminution of the property values of surrounding properties or is otherwise materially det- rimental to adjacentand nearby properties and improvements; or E. To abandon or vacate any building or structure so that it becomes readily available to unauthorized persons, including but not limited to juveniles and vagrants; or F. 9b cause or maintain any real property, structures thereon, or uses and activities thereon, to be in violation of aM of the provisions of Title 1b; Chapters 16.0$, 16.08, 16.12 and 16.16 of Title 16; Title 18; and Title 19 of the Azusa Municipal C.bde; or G. M store, discharge, hold. handle, maintain, use or other - wises deal with hazardous substances, as defined by applicable state or federal laws or regulations: (a) in violation of federal, state or local lawn or regulations; or (lo) In euch a manner io affect in any way air or water quality; or (e) In such a manner as to create an identifiable risk of acci- dental release of the substances, which release might adversely affect the health or safety of persons, damage propertyY or ad- versely affect air or water quality; or 11. TO keep any animal, reptile orinsect in such s manner as to pose a threat, disturbance, danger or menace to persona or prop• ertY of another or in a public right-of-way; or L Tb keep, operate or maintain any machinery which by rea- son of its dust, exhaust or fumes creates a health or safety haz- ard: or 3. T.') fail ID remove underground or aboveground storage ves- eels cr tanks within six months after the use of euch tanks or vessels ceases; K. Tu inuintai n any hu ildi„g, structure or property in viol;? ion of the provisions of rr in an unsafe or substandard condition as defined in tl,e wu•u+us building codes adopted pursuant to Section 15.04.010. (Aluita 3.19.90) ;�?,3 Vrj/ZV/:71 UZj'.7`i 'V'iJ14 J.!`t JYO'i ttL V+�A tCL'VC N•�i.:-'.+:..� I ABATEIMENT OF HEAL PROPERTY NUISANCES L. To maintain any building or structure in violation of the ucu'thquake p equiretnents of the. building codes approved by Sec- tion 16.04.0.10 or the provisions of Chapter 15.10 of the Azusa Muniripal Ctic . M. To updrate or maintain, ©ny building or structure in viola- tion of Chap ter 15.40, Residential Rental Inspection. N. To maintain any building, struetureor property in violation of the State; Housing Law set forth in Health and Safety Code Scctiou 17910 et seq. as said law currently exists or may here- after be adopted [mended]. 0. To sell; conveyor transferany property without havingcom. plied with Ilia provisions of Chapter 15.06, Real Property Records Report, of tKe Azusa Municipal Code. (Ord. 2433 § 1, 1)90; Ori. 2317 § 2, 1904) 1,5.08 020 ABATEMENT. All or part of any real property, or structure Iv! ited thereon found, as provided in this cha; ter, to conAitute apublic nuisance, shall be abatedby the procedures set forth in this chapter. (Ord. 2217 § 2, 1984). 16.03.030 I COMMENCEMENT OF PROCEEDING. Wbenev. er tho DirecG)r of Public Works or the, Director of Planning and Ccmmunity Development (hereinafter "Director") or their duly authorized representatives reasonably believes a nuisance exists, he may corninence abatement proceeaings under this chapter. Tho Director!of Ccnu mity Development or his duly authorized representative is hereby designated to enforce the provisions of the State Housing Law,sct forth at Health and Safety Code Set - tion 17910 A Seq. as said law now exists or may hereafter & amended. (Ord. 2433 § 2, 1990; Crd. 2217 § 2, 1961) . 15.08.040 HEARING—NOTICE. A. Where the Director Finds that the nuishnee exists, he sh311 pive not less than seven days' written notice of the hearing to determine whether a nuisance exists to the owners of the affected properties as shown on the latest equalized tax assessment role by mailing the same to the owners address as indicated thereon, and further, Mthin the same time pericd, by conspicuously posting on the affrcted property, building or structure a copy of the 110tice. 333 (AzoAn 3.19 Mt)1 BUILDINGS AND CONSTRiICTION I B. The notice shall indicate;the nature cfthe alleged nuisance, the deeeription of the property involved, and the desigration of the time and place of the hearing todetermine whetherthe same conatitutes a nuisance, and the manner of its proposed abatement if the came if found to be a nuisance. i C. The notice and order of abatement shall be served on every party by regular mail; however, the failure of any person to re- ceive a notice shall not aftFA the validity of any proceedings under this chapter. (Ord. 2433 § 3, 1990; Ord. 2217 5 2, 1984). 15.08.050 SAME—CONDOM A. The hearing to determine %vhether a nuisance exists shall be conducted by the City Admin- istrator or his duly authorized representative, who shall act as the Hearing Officer. The Bearing Officer is authorized to take testimony and in the course of so doing is authorized to admin- ister caths or affirmations pursuant to California Code of Civil Procedure Section 2093ia). B. At the hearing, the Heating 01rlcer shell consider all cele• vcjit evidence, including but not limited to applicable stair re- ports. He shall give any interested person a reasonably opportu- nity to be heard in conjunction therewith. Based upon the evidence so presented, the Hearing Officershall determine whethor a nui- sance within the meaning of this chapter exists. (Ord, 2433 § 4, 1990; ora. 2217 § 2,1984). 15.08.060 ORDER OF AB I'EMENT. A. The decisiorn of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in this cha�ter. B. The Hearing Officer shalt, within live working days, give a copy of the written notice of hfs decision by regular inail to the o%Vncr6 as determined by Seciion 15.08:040, and to any other person requesting the sarne. The decision shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the controt andlor charge of the property, and shall set forth the nature of the nui• sance, its location, and the time and manner for its abatement. U. Where an uppersl is filed as provided in this chapter, the order of abatement shall be suspendecl pending the review of the (Acuan 11 Q-tf!)) 334 ,k;;VL^ � aV Volo Iai vz)=00 s I 'ABATEMENT OF REAL PROPERTY NUISANCES determination in the manner set forth in this chapter. (Ord. 2433 § 5,1990; Otd. 2217 § 2, 7984). 15.08.070; APPEAL. A. The owner or any person in posses- sion of the property or claiming any legal or equitable interest therein shalt have the right of appeal to the City Council. B. The appeal shall be flied with the City Clerk w4hin five working day's following the decision of the Hearing Officer. Tha appeal shallibe in writing And shall state the grounds for the apped. C. The City Clerk shall set the miter for a de novo hearing before the Cduncil at a date and time not less than ten nor more than thirty days followingam filing of the appeal. The City Clerk ahall then notify the appellant, by mail, of the date and time of the hearing. ;The City Council may continue the hearing date where necesspry. D. The Council may, by resolution, establish a fee for the pro- cessing of m appeal. (Orsi. 2433 § 5, 1990; Ord. 2217 § I-, 1984). 15.08.080 COUNCIL ACTION. A At the time and place set for such hearing, the City Council shall review the decision of the Hearing OfGckr and shall afford the appellant a reasonable op. portunity to be heard in connection therewith. 13. Tho. Council slsali, by resolution, establish ruler of proce- dure for the conduct of hearing appeals. C. If the City Council finds from the relevant evidence pre- sented at the hearing that the action taken was in conformity with the provision.. of the code, it shall require compliance with the order of abatement within thirty days after the mailing of a copy of its order to the affected property owner unless a period of time it, excess of thirty days is specifically authorized within which to abate the nuisance. D. If the nul'sance is not abated within the thirty -day period or within such longer period as the Council may provide, the Di. rector in expressly authorized and directed to enter upon the pre- mises for the purpose of abating the nuisance. (Ord. 2433 § 5, 1990; Ord. 2211 § 2, 1934). 335 (Aiuw 3.19 90; BUILDINGS AND CONSTRUCTION 15.03.090 NOTICE OF C6U.NC1L DECISION. A copy of the Council's order shall be maiihd by regular mail to the owners as determined in Section 15.0$.040, and to any other person re- questing the saiue, by the City Clerk ildthin five working days after the adoption thereof Tile Counefl's decision shall be final and conclusive. Pursua»t to Code of Civil ProcedureSection 1091.6, any action to review the decision of the Council shall be com- menced not later than the ninetieth day after the elate the Coun- cil`s order is adopted. (Ord. 2b3§ 6,1990,Ord. 2217§ 2, 1934). 15.08.100 COST OF A XTEMENT. A. Where the Director or his duly authorizedrepresenlative and/or the City Attorney is r44uircd Lu cause the abatemiint, of Elie public nuisance pursuant to the provisions of this chapter, he shall keep an accounting of the cost thereof, including incidental expenses for the abatement. "Costs and hic:ide,rtal expenses" includes, but is not limited to: the actual expenses and costs bf the City in preparation of notices, spc ciCicutions and contracts; 'Inspection or the work; the cost of printiubs said inailings required under this chapter; any attor- ney's fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the City may be liable under state Ia-v arisingfrarn or related to the nui• sane abatement Notion; rind all costs or expenses to which the Ciiy may be entitled pursuant to Health and Safety Code Section 510 and other statutory entitl6ments. Costs or expenses forwhich the City may be reimbursed shall begin to accrue at the time the City first receives a complaint regarding a problem on the prop- erty. Costs and expenses ma y be recoveredeven ifthe nuisance is corrected prior to 3 nuisancd' abatement hearing or an Appeal heari ng. I B. Costs shall be assessed it the conclusion of the abatement; provided, however, in the case of an abatement by any method which takes more than six months, costs may be assessed at any time after six months, but irl no event more than two times a yew. C. The Director shall submit hi3 itemized statement oncosts to the City and shall set the same for a hearing before the City Administrator or his duly authorized representative ("Hearing Officer"). (A?unn 3.19.90) ABATEMENT OF REAL PROPERTY NUISANCES D. The Di' ctor shall cause notice cf the time and place of the hearing to be given to the owners of he property to which the same relate, End to any other interes" person requesting the same by United States Mail, postage prepaid, addressed to the person at his/her last -known addressat"least five days in advance of the hearing. (Ord. 2433 § 7,1990;Grd. 2217 § 2. 1984). 15.08.110 IREPORT—HEXRING AND PROCEEDINGS. At the time and Mace fixed for receiving and considering the report, the Hearing Officer shall hear and pass upon the report of the Director together with any objections of protests raised by any of the persons liable to be assessed for the cost of abating the nui- sance. uisance. Thereupon, the Hearing Officer shall make such revision, correction and modification to the report as he may deem just, after which the report is submitted, of as revised, corrected or modified ah all be consumed. The hearing may be continued from time to time. The decision ofthe Hearing Officer shall be subject to an appeal to the City Council in the time and manner set forth in Sections 15.08.0 70 and 15.08.080. (Ord. 2433 § 7, 1390; Or d. 2217 § 2, 1984). 15.08.120 LSESWENT OF CWM AGAINST PROPERTY. The confirmed cost of abatement of a nuisance upon any ?otor parcel of land :shall constitute a apeciaL assessment against the respective lot br parcel of land to which.it relates: and, after its recording, as thus made and confirmed, the came shall constitute a lien on the p!toperty in the amount of tfse assessment. After the confirmation of the report, a coif thereof shall be transmitted to the tax collector for the City, whereupon it shall be the duty of the tax collector to add the amounts of the assessment, or as. sesaments, iD the next regular bills of taxes Ievied against the respective tots and parcels of land for municipal purposes; and thereafter the amounts shall be collectedat the same time and in the Same manner as ordinary municipal taxes are collected, nud aha21 be subject to the same penalties and the same procedure for foreclosure andi sale in case of delinquency as provided for ordi. nary municipal;taxea. (Ord. 2217 6 2, 1984). 15.08.130 A1,TEPNATIYES. A. Nothing in this chapter shall oe deemed to prevent the City Council from ordering the City Attorney to commence any appropriate civil action to abate a 337 (Asuna 3 19.90) v 5464 AZUSA REDEV AGCY � ty BUILDINGS AND CONSTRUCTION nuisance in addition to, alternatively to, or in conjunttion with the proceeduigs set forth in anis chapter; nor shall anythirig in this chapter be deemed W prevent the City from commencing a criminal action with respect to the nuisance in addition to, alter. ativeh to, or in conjunction with the proceedings set forth in this chapter. B. if the City Council orders the City Attorney to commence any appropriate action to abate a nuisance, the City may recover its costs and attorneys fees as part of Qejudgment which may be recorded as un assessment against the property and constitute a lien thereon. This section grants specific authority to ar }y court of competent jurisdiction to grant an award of costs and attorneys fees in favorof the City. This'section for the recovery of attorneys ries may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the City ubLuln u double recovery. Failure of a court to award attorneys fees as part of a judgment does not preclude the City from .g- se-ising costa ag&& the property p=rsuant to procedure set forth above. (Ord. 2433§ 8,1990;prd. 2217 § 2, 1984). i 16.08.140 EhMGENCY ABATEMENT. Notwithstabding any other provision of this chapter with reference to the abatement of public nuisance, whenever the City Administrator or his duly authorized representative determines that property, s building or structure is structurally unsafe, or constitutes a fire Hazard, or is otherwise dangerous to huinan life, and such condition consti. tutee an immediate hazard ordanger, he shall, without observing the provisions of this chapter=with reference to abatement prose. dares, immediately and forthwith abate the existing pablic nui. sane- (Ord. 2217 § 2, 1984). j 10.08.150 VIOLATION—PENALTY, A. The owner or other person havingcharg;, or control of any such buildings or premises who maintains any public nuisance defined in this chapter, or who violates an order of abatement made pursuant to Section 15.08.60, is gmilty of a misdemeanor. B. No person shall cbstxwt' , impede or interfere with Tiny rep- resentative or' the City Council or .with any representative of a City department or with any person who owns or holds my estate 'A..uea 3-19.90» 138 ALV>A Ar—MV At -A. t q:j tl, 0 + i i ;ABATEMENT OF REAL PROPERTY NUISANCES i or interest �n a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or %ith any person to v4iom any suchbuilding has been unlawfully sold pur- cuant to the provisionsof this twde, wl3enever any suchrepresen- Wtive ofthe City Council, representativeof the City, purchaser or person having any interest or estate in the building is engaged in vacating, rd airing, rehabilitating or demolishing and removing. any such budding pursuant to the prod isions ofthis chapter, or in performing hny necessaryactpreUinirary to or incidental to such work as authorized or directed pursuant to this chapter. (Ord. 2133 § 8,1990;Ord. 2217 § 2,19234) . I Chapter 15.10 EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS sectional 15.10.010` Purpose. 15.10.020; Scope. 15,10.09(0; Definitions. 15.10.0401 Rating elawiticationa. 15.10.0501 Administratiai. 25.10.080' General requirements. 15.10.070: Historical buildings. 15.10.080! Analysis and design. 13.10.090, Materials of eenatruction. 15.10.100 Information required oxi plana. 338-1 (A:uat, � l 14 JUN 2 0 11 0114 Attd, they's Office RESIDENTIAL RENTAL INSPECTION 35.36.020' USE OF MOBILE HOMES FOR CONIMEWAL, ETC., PUKF OSES. The use of mobile homes, trailers or coaches for office, cohimercial or manufacturing purposes shall be limited to temporary use unly fur a period of time not to exceed six months. Application for tcmporary use permits shall be made to the Planning Director. He shall issue the permit if he finds that the proposed ust complies with all applicable zoning ordinances in- cluding setback requirements. parking requirements and sign requirements. The permit shall not authorize any utility hook- ups, except ;temporary telephone or electrical service may be provided by beans of a temporary power pole. i An additional time period may be authorized after a public pouring in each case under a Conditional Use Permit in accord- ance w it t }rocedures stated in Chap!.er 19.60. (Ord. 1091 6 1, 1974; Ord. 1018 12 (part). 1971: prior code 8 8502). ! Chapter 15.40 RESIDENTIAL RENTAL U49PECtION Sections: ! 15.40.0101 Definitions. 15.40.020 i Required. 15.40.0.30'1 Utility connection. 15.,10.040: Application—Filing. 15.40-050; Annual inspection required. 15.40.060! Reinspectton. 15.40.065: Certificate—Cantents and when void. 15.40.070 ' Esemptions. 1.5.40.080; Owner -occupied dwellings. 15.40.090 Interior inspection. 15.40.100 Appeals by aggrieved persons, 15.40.110. Violation—Penalty. 15.40.120 Enforcement—Public nuisance. 15.40.130 Penalties—Late filing. 15.40.140 Enforcement alternatives. :6.40.010 DEFENITIONS. A. "Director" means the Director of Con.munity Development for the City of Azusa. (Azuen 3.19.9o) 353 BUILDINGS AND CONSTRUCTION fl. "change Of 1152" Wiffli . LU WMAJI 1011t W other than a residence fur one family. I ) C. "City" means the City of Azusa. D. "Occupancy" means any �erson who cxx-upied a unit. whether as an owner or tenant ur permittee of the owner. E. "Owner" includes the agent of the owner. F. "Person" means the individual, partnership, corporation or association or the rental agent of any of the foregoing. G. "Unit" means the residential dwelling unit in a single- family, two-family or multifainily residence building, which is riot uwner-occupied, excluding Motels, hotels. rooming houses and boardinghouses and similar living accommodations.(Ord. 2389 § 2, I9R9?. 15.40.024 . REQUIRED. No persons shall rent, lease, occupy 9r otherwise permit any dwelling unit which is hereafter vacated by the previous occupant thereof to be reoccupied until such unit is registered with the City of Azusa Community Development Department or provided with- a certificate of exemption. (Ord. 2389 S 1, 1989). i f 15.40.030 UTILITY CONNECTION. No connection of utili- ties, including water, electricity, and gas, shall be made for any dwelling unit which has beef vacated by its prior occupants unless such unit has been registered as required in this chapter and the owner presents proof of registration or proof of exemption to the utility company.(Ord. 2389 § 1, 1989). 15.40.030 APPLICATION—�ILING. The owner of every rental unitshail, prior to renting orrdoccupy ing a rental unit, obtain an annual registration and inspection certificate from the Conimu• nity Development Director by filing a written application on a form to be prescribed by the Community Development Director and payment of art annual registratinn and inspection fee there- for. Said fees shall he set by separate resolution of the City Council in accordance with applicable State Law. (Ord. 2389 § 1, 1989). (Amiss 3.19.90) 35.1 ; i i i { s I t s I t � RESrDENTLAL RENTAL INSPECTION i 15.40.0501, ANI NU L INSPECTION REQUIRED. The Commu- nity Development Director shall cause each rental property to be t i I t 364.1 (Awum :,., y.s+oy i RESIDENTIAL RENTAL IriSPECTIO` inspected at least once annually for compliance with applicable sections of State and local codes relating to zoning, building, health and safety. and property maintenance. Where: inspection reveals a violation, the property o«-ner shall be provid4d with a a-ritten notice describing the violation, loca- t ion and ai reasonable tinge for compliance. ((1rd. 2359 § 1. 1959)• 15.40.060 REINSPECTION. Where violations are found. the property owner vrill be charged for all costs incurredby the City for nbtaining compliance pursuant to provisions set fcrtil in Sec- tion 15.08.100 et seq. of this Code. (Ord. 2389 3 2,1989). i 15.40.065*v CERTIFICATE—CON ENTS AND WHEN VOR). A. The rental registration certificate shall expire one (1) year from the date of issuance or upon change of property ownership, R The rental rcg-isti ation certificate shall state: 1. The dote of issue. 2. The leoal use of the property. 3. The address of the property, 4. `lige property owner's name and address. 5. A registration number. 6. The dale of expiration. 7. Any other pertinent information, (Ord. X3$9 § 1, 1989), i 15.40.070! EXEMPTIONS. The requirement fur an annual in- spection and annual registration shall not apply to the following: 1. Owner•pccupied dwellings. 2. Mobile home parks which have been issued a certificate of excolptlan. , 3. Reconnection of utilities turned off by the utility for lack of p;lvrrent. (OM. 2369 § I, 1989). *Chapter 16.40 contained tun srct)ons numbered t':.40.(ly,). The editor re"umbert'd the second of t$ese aecuors an 156.40 065. Subsequently, the tity famished a CY corrected nrdinshce adopting 01is change. 355 Utuse 221•&51 i i i RESIDENTIAL RENTAL IriSPECTIO` inspected at least once annually for compliance with applicable sections of State and local codes relating to zoning, building, health and safety. and property maintenance. Where: inspection reveals a violation, the property o«-ner shall be provid4d with a a-ritten notice describing the violation, loca- t ion and ai reasonable tinge for compliance. ((1rd. 2359 § 1. 1959)• 15.40.060 REINSPECTION. Where violations are found. the property owner vrill be charged for all costs incurredby the City for nbtaining compliance pursuant to provisions set fcrtil in Sec- tion 15.08.100 et seq. of this Code. (Ord. 2389 3 2,1989). i 15.40.065*v CERTIFICATE—CON ENTS AND WHEN VOR). A. The rental registration certificate shall expire one (1) year from the date of issuance or upon change of property ownership, R The rental rcg-isti ation certificate shall state: 1. The dote of issue. 2. The leoal use of the property. 3. The address of the property, 4. `lige property owner's name and address. 5. A registration number. 6. The dale of expiration. 7. Any other pertinent information, (Ord. X3$9 § 1, 1989), i 15.40.070! EXEMPTIONS. The requirement fur an annual in- spection and annual registration shall not apply to the following: 1. Owner•pccupied dwellings. 2. Mobile home parks which have been issued a certificate of excolptlan. , 3. Reconnection of utilities turned off by the utility for lack of p;lvrrent. (OM. 2369 § I, 1989). *Chapter 16.40 contained tun srct)ons numbered t':.40.(ly,). The editor re"umbert'd the second of t$ese aecuors an 156.40 065. Subsequently, the tity famished a CY corrected nrdinshce adopting 01is change. 355 Utuse 221•&51 BUILDINGS L;,iD COMITRUCTION 25.40.080 OWNER -OCCUPIED DWELLINGS. All owner- occupied d xellings shall be issued a czrtificate of exemption in lieu of a registration certificate upon. request in conjuncticnwith a Real Property Records Report. Said certificates of exemption shall be valid for thirty dhys from date of issue and then voided. Requests far exemption gill be processed and issued upon receipt of the City's copy of the Real ?sperm, Records Rapart signed by the buyer. Na fee shall be charged for certificate of exemption issued in conjunction with a Real Property Records Report. (Ord_ 2389 $ 1. 1989). 18.40.090 I'i ITERIOR MPECTIONS. Where the exterior in. spection gives evidence of possible interior defects or an extreme state of exterior dilapidation exists. the inspector shall have the right to make an interior. inspection. 'Nothing in this chapter shall prohibit an interior inspection of any dwelling unit where the director or his desil-nee' requests. and is granted, entry by the owner or occupants of unit. (Ord. 2389 $ 1, 1989). 15.40.100 APPEALS B� AGGRIEVED PERSONS. Any per- son aggrieved by the determination of the Director under this 4 chapter mny appeal to the pity Administrator. Said appeal must be filed in writing within seven days ager the notification to the aggrieved person of the decision being appealed. Said appeal must be i n writing and mutt state Frith particularity the reason why the Director's decision is being contested. The City Adminis• trator shall issue a writton:decision on the appeal within thirty days of the receipt of the written appeal. The aggrieved person shall be notified in writing';of the decision on the appeal. (Ord, 2389 $ 1, 19,,49). 15.40.110 VIOLATIONS,Any person whoviulates any provision of this chapter is deemed guilty of a m;sdemeanot•, and upon conviction thereof shall be punished by a fine not exccedinc; S ,60.00, or by imprisonment in jail for a period not exceeding ,ix months, or by)both such fine and imprisornno�nt. (Ord. 2389 J 1, '1989). 15.40.120 FN,ZFORCEMENT—PUBLIC NUISAiNCE. It sh,111 he considered a public nuisanc! TO Ira -e or maintain any rental c,u:b� zzi.hei 35n RESIDENTIAL RENTAL INSPECTION property whfeh, upon inspection, fails to comply with state and local laws res they relate w housing standards, property mainte- nance. building codes or local zoning requirements. The director sbaII have the power co require currection of deficiencies identi- fied through property inspection by usmg the procedureset forth in Section 25108.010 et seq. of this Lode. (Ord. 2339 § 1,1959)_ 15.40.130 jPENALTIES--LATE FILING. Any person who fails to apply for an annual registration and inspection certificateas �auired by this chapter, and within the tunes required by this chapter. shall pay a penalty of ten percent of the application fee set pursutL;it do Section 15.40.040 for each month or part thereof after the date.; hP applicationwas due. Thepenalty may be waived or nhatcd by the Director of Community Development for good cause. (Ord. 2442 § 1, 1990). 15.40.140 �N'FORCEIMENT ALTERNATIVES. A. Nothing herein shall p6vent the enforcement of this chapter by criminal, civil. or administrative actions either undertaken individually or in conjunction' with other remedies. 13. The enforcement of this chapter by a criminal, civil or ad. ministrative action shall not relieve the, property owner of his or her obligations under this chapter. (Ord. 2442 § Z 1990). f? a newt yaxC {9.3'.3{ 'J5 (AZuaa .i -I ✓•9JI 17 t i A 11 JUN 2 0 IM City Attorney's Office r PM AL PROPERTY RECORDS REPORT Chapter 15.06 REAL PROPERTY RECORDS REPORT Sections: 16.06.010 Authority and purpose. 15.06.020 Definitions. 15.06.030 Disclosure report required. 15.06.040 Issuance of report, 15.06.050 I?elivery of report. 16.06.060 Exceptions. 15.06.070 Nnaltim 16.06.080 Nonhability of City. 15.06.010 A.UTIiORITY AND PURPOSE . The City Council of the City ofA2use does hereby find, determine and declare that A. Thischap}er is adopted pursuant to the authority of Article 8.6 (commencing with Section 38780), Chapter 10, Part 2, Divi- sion 3, Title 4 4 the Government Code of the State of California and other applicable law. B. Citizens, property owners, and potential property owners in the City of Azusa need information about property proposed for sale or transfer n order to adequately protect their interests in a sale or transferl Building and zoning records of the City consti- tute an importaht source of such information. Therefore, it is one of the purposes df this chapter to assist in, but not guarantee. the disclosure of information from City records about real property within the City: C. It iu nlao a purpose of I1tis chapter to assist the City in abating public nuisances and enforcing its building and zoning ordinances by identifying' properties in violation of its Codes. (Ord. 2313 § 1, 1986). 15.06.020 DEFL*,MONS. A. "Agavement of sale" shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred or conveyed fromone owner to another owner. 330.1 (tzuaa 6-2.86? �•Cl/;.3/Jt %ju.-2, _v � .v a .. . . BUILDING AND CONSTRUCTION r 13. "Ov:mer" ,Iia11 mean any person. copartnership, association, conporatiuu or fiduciary having legal or equitable title or any ittturust in any property. C. "Property" shall mean any unimproved or Improved real property siMatad in the City and -shall include the building or st: uctures Imat rd on said yruperty. (Ord. 2313 § 1, )..988). 15.06.030 1it7(;LOSURE RETORT REQUIRED. Prior to en - Wring into An agre-emeltt of sale of any property, the owner or his authorized repr,:�cntative shall obtain from the City real prop- orty rccord;t re),ort ("iepurt") as described in Section 15.05.440. (Orel. 3313 § L 1966). 15.06.040 l:53 UANCE OF REPORT. A. Upon application of thu uwner or l,i- authorized agent on a form prescribed by the City and the p.ivment to the City of a fee established by resoi:t• tion of the City Council, the Community Development Director, ut hr: authorized representative, shall review pertinent City re- cords insofar as they are available, and, within ten businessdays after receipt of a cutriplete application, deliver to the applicant a repor t which contains the following information about the suio-- ject property insofar as it is available as of the date the report is rs n cd: (1► 'rhe xtreet address and assessur number; (2) The zone classification as set forth in this Code; t3► The occupancy as indicated and established by permits of record: 14 r V riwice:. conditional use permits, exceptions. precise plans, and other pert.:n.: tit administrative or legislative acth of record; and +5, restrictions of use or development of record. U. The repurt shall expire, and may not, be used for the pur- pose of complinnce with Section 15.06.050 ix rnontha after issu- ance. 'Ord. 2313 : 1. 1986). 330.2 (Aruas 6.2.88) r f REAL PROPERTY RECORDS REPORT } 1b.U8.Oba DELIVERY OF REPCRT. The report shall be de- hvvr^d by the property owner, or the atithurized designated rep mbentative of i.he owner, to the buyer or transferee of the prop- erty prior to the execution of the agreement of sale. The buyer or tra«;feree shall execute a receipt therefor as furnished by the City, and said receipt shall be delivered to the Community De- velopment Director or his authorized representative as evidence of compliance with the provisions of this section. (Ord. 2313 I, 19861 16.06.060 EXCEPTIONS. The provisions of this chapter shall not apply to the fuIlowing: A. The ftr f isale of residential or commercial buildings or con- dominiums loaat.ed in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Art not more than two years prior to the first sale. B. Mobile homey and trailers occupying land on a month-to- month rental or annual lease agreement where land sales are not l involved and thb use is incompliance withlrcal zoning requirements. r j C. Building! and properties acquired or conveyed by the City. (Ord. 2313 4 1,;;1986). i 15.06.070 PENALTIES. A. No sale or exchange of residen- tial or commercial property shall be invalidated solely because of the failure of any person to comply with any provisions of this chapter unless such failure is an act or omission which would be a valid ground!for recision of such sale or exchange in the ab- serce of this chapter. R In cases where property has already changed heeds and the City requests a seller to provide a report alter a sale or transfer• once of property has taken place, an additional fee in the amount of fifty percent of the original fee shall be required if the appiica- tion foe is not paid within ten days of notice by the City- (Ord. 2313 3 I, 1985). 15.06.080 NONLIAB111TY OF' CITY. The issuance of the real propttrty records report is not a Nvai-ranty or representation by the City that the subject property or its present nse is or' s not in f .130-3 Uses. 6-2.86) r Y , BUILDINGS AND CONST$U%,TION Ic compliance with the law. The City does not representor warrant that the information contained in the report will always be corn. plete and.'or accurate, and all persons receivingthe report should independently verify the information contained therein before rclyIng upon it. Neither the enactment of this chapter nor the preparation of and delivery of any report required hereunder shall Smpoee any mandatot:y duty upon the City to completely and accurately repart the information from its records or impose any liability upon the City for any errors or omissions contained in said repurt. MY& 2313 § 1. 1986). 3.30.4 (ML -an 6.2$6) L 3. Adjournment "`z"`_'`�i',G`' �" S '7-� _{ �-?�,_, r-•� -.-,z- ��j/7-��•za;ji�Z c%?'-j/1i✓v-'��..._ _ --- ---+---------------�� 1 ?r -t -v C7�1 L • i _i _.. �-.��-^., G:✓ _- f !� Jam/ .--�/V"� l LL) i 1 a �: a 5�► Collins Realty 2405 W. Turner W., Ste. 300 Lodi. California 95242 Business (209).369-8436 Fax (209)369-0169 August 14, 1991 LOD 2 ASSOCIATION OF REALTORS 777 South Ham Lane Lodi, Ca 95242 I wish to Sake this means to express my concerns regarding the RESIDENT MANAGER/ PROPERTY MAINTENANCE and the RIGHT TQ FARM ordinances under consideration for adoption by the City odi. As a Lodi resident, local real estate agent for approximately 15 years, and a landlord with rental properties in Lodi, I am deeply concerned with these issues. Re: Resident Managers I do not feel it would be economically feasible for property owners to be required to have resident managers for less than the 16 units which now are required by the California Department of Real Estate. I can appreciate that the city may need to know the name of someone to call in case of an emergency, but this could be merely an addition t.o existing records. A RESIDENTIAL RENTAL INSPECTION provision each year or each time a property is vacated, sounds like meddling in private business. Aren't there means available now to take care of health hazards , safety, and other violations? The Police Department seems to be the logical enforcing agency fcr any drug or illegal practices thru existing laws and Health and Safety codes. I would certainly be in favor of giving the police more authority and less authority to a city bureaucracy that w i 11 only grow and becoine more authorita- tive, while increasing costs, and at the same time decreasing private property rights. Lodi is not attracting many landlords now, because of the unfavorable tax situation, but add more problems and expense and you w i 11 see the available single family rental properties in Lodi diminish. This means fewer lower income families being able to live in Lodi. Each Office Is Independently Owned And Operated RLCIiZTOF9BW—ORDINANCE: Once again the Real Estate industry is going to be made responsible for the disclosure of yet another fact regarding our environment, health, hazards, toxic waste, comfort, eta., in addition to the property itself. Each time this happens, we open ourselves to more personal and professional liability and lawsuits. Even if they are unfounded, we must defend ourselves. The current laws now require the signatures of all parties on a Property Transfer Disclosure Statement on the transfer of property titles. Century 21 Collins Realty also has additional disclosures regarding possible formaldehyde, toxic waste, radon gas, and asbestos, as well as the structural problems. I do not think one more, related to farming practices specifically, is necessary. Simply signing the disclosure does not negate the possibilities of further complaints or lawsuits. ie: "It wasn't explained to me properly" "I didn't understand". "I had no experience with which to relate the information. " I stand opposed to the requirement of any further disclosures that will require licensed real estate agents to obtain signatures, or a requirement of a signed refusal affidavit, if the buyer refuses to sign the disclosure. W i 11 you please relate my concerns to the City of Lodi. Sincerely, /- Evelyn L. Rich, Realtor Century 21 Collins Realty Home: 2305 Eilers Lane Lodi, Ca. 95242 CC: City Council orial Hospital elation, Ine. OFFICERS June 26, 1991 Robert Mullen President Randy Snider Ro"d Mettler Wentland-Snider and Associates Vice President 301 South Ham Lane Laurence Littleton Lodi, California 95240 Secretary Dixie Hughes Smith Via' R3 'ay' Chief Financial Officer I know Councilmen always love to hear from constituents so I DIRECTORS bless you with this note, George Barber Perhaps we have ori ordinai< ce that house and business numbers nlfnd Denier must be displayed or maybe there is no law. As you drive Amy Famaworch around town looking for an address, all too often a displayed Robert Friedberger number is the exception rather than a rule, Henry Claves Carolyn cordon In a block of commercial businesses sometimes there is one or J�iG two numbers maximum. Whether these companies lose business because of lack of identification is questionable, but it K E Holl. M.a would certainly aid the consumer, I have lived in towns where lames Hoff. M.D. a service organization took this on as a project and everyone Robert Hunuell seemed to be pleased. Frank Johnson, O.D )ane xten,eyer Secondly, we all consider Lodi to be a great, attractive, JuhnMm livable community. Yet we have some ugly blighted areas, that Mary Anne Fbore seemingly could be changed, if handled correctly, Richard Sandford Frank Sasaki Two examples are the winery site at Turner Road and Sacramento Lien Schaffer and a junk yard at Church and Lockeford . You know others, but these have been around for a long time and they get worse Vickie van $teenbeW weekly. EXECUTIVE An official city beautification committee could be formed DIRECTOR (people like to be appointed to city commissions or Bill Dauer committees) and they could play upon the publics civic interest to clean up the bad spots, If t h e i r pleas are disregarded then existing statutes could be enforced. We have used the carrot -stick approach this year with our hone owners group with great success. Lodi is great and I only want it to be even better. k]3eq Fds, ` Dauer 19 South Fairmont Avenue, Suite 10 / Fbst Office Boa 3004 / Lodi, California 95241 / (209) 339-7563 PE GARY BRANDT REALTY MVLTIP4W LISTING 113 APPRAISALS • REAL ESTATE •eRVlcc mn OEn�" 314 WEST LOCKEFORD STREET, LODL CALIFORNIA 95240 ..-, „ MLS9 � ::.,1R7 Phone 368-2465 City RE: PROPERTY MANAGER AND PROPERTY MAINTENANCE ORDINANCE DEAR COUNCILMEN: I HAVE BEEN A REALTOR AND LANDLORD FOR OVER 2 0 YEARS I N LODI AND EACH YEAR I SEE THE STRUGGLE PEOPLE HAVE TO FIND AFFORDABLE HOUSING IN LODI. THIS PROBLEM IS GETTING WORSE EACH YEAR. EACH NEW FEE ADDS MORE TO THIS COST OF HOUSING. I RESPECTIVELY ASK THAT YOU CONSIDER VERY CAREFULLY ANYTHING THAT WILL DRIVE UP THE PRICE OF HOUSING MORE. WILL THE RESULTS OF ANOTHER ORDINANCE BE WORTH THE COST? IS THERE A MORE ECONOMICAL APPROACH TO GET THE SAME RESULTS? THERE IS A NEW AWARENESS THRU OUT THE COUNTRY OF JUST HOW MUCH THE INFLATION OF HOUSING IS CAUSED BY GOVERNMENT FEES AND RED TAPE. WHILE THESE FEES AND REGUTATIONS MAY HAVE COME ABOUT WITH GOOD INTENTIONS, THE VALUE TO THE MAJORITY OF THE CONSUMERS IS ALMOST MEANINGLESS, AND MANY TIMES DETERMINTAL, IN THE FORM OF UNNECESSARY HIGH PRICES. PLEASE ASK YOURSELF THESE QUESTIONS: A. WHAT WOULD THESE INSPECTIONS COST? B. WHO PAYS FOR THESE INSPECTIONS? C. WOULD ALL PROPERTY SALES REQUIRE INSPECTIONS? WHY DOES A 2 YEAR OLD BUILDING NEED A CITY INSPECTION? MANY, IF NOT MOST OF THE TIME, THIS INSPECTION WOULD END UP COSTING THE CONSUMER, AND THE VALUE OF THE INSPECTION WOULD BE OF VERY LITTLE USE TO THEM. ANOTHER WASTE OF THE CONSUMERS' HARD EARNED MONEY. D. TKERE ARE MANY HOME INSPECTION FIRMS AVAILABLE TO BUYERS, IF THEY DESIRE AN INSPECTION. OUR CITY SHOULD NOT COMPETE WITH FREE ENTERPRIZE. WILL THE CITY GUARANTEE THEIR INSPECTIONS? I THINK NOT. WHAT RECOURSE WOULD THE BUYER HAVE WITH THE CITY IF THE INSPECTOR MISSED SOMETHING? HE WOULD HAVE RECOURSE WITE A PRIVATELY OWNED HOME INSPECTION COMPANY, MEMBER: Lodi Board of Realtors - Lodi District Chamber of Commme .California nsu>ciation of Realt Pr% National Association of Realtors GARY BRANIDT REALTY MULTIPLL LISTING APPRAISALS • REAL ESTATE MIL cc OFAL100 314 WEST LOCKF.FORD STREET. LODI. CALIFORNIA 95240 �� Phone 368-2465 E. THERE ARE ALREADY MANY STATE LAWS, INCLUDING THE RECENT LAW CONCERNING SELLERS DISCLOSURE OF KNOWN DEFECTS UPON THE SALE OR TRANSFER OF PROPERTY, THE REQUIREMENT OF OWNERS OR THEIR MANAGING AGENTS TO HAVE THEIR NAMES POSTED ON RENTALS, AN3 THE REQUIREMENT OF ON—SITE MANAGERS ON COMPLEXES OF 16 OR MORE UNITS. WOULDN'T THESE LAWS, IF ENFORCED, SPEAK TO MOST OF OUR CONCERNS? BOTH BUYERS AND TENANTS HAVE MANY AVENUES TO REPORT VIOLATIONS. ( STATE, COUNTY HEALTH DEPT. , CITY BUILDING AND FIRE DEPARTMENTS). F. EVERY CONCERN MENTIONED IN THE ORDINANCE FORMAT OF JULY 17, IS ALREADY ADDRESSED BY LAWS ON THE BOOKS. WOULD MORE LAWS AND FEES MAKE A DIFFERENCE? COULD WE GET BETTER RESULTS BY MAKING THE PUBLIC MORE AWARE OF THESE LAWS BY A SERIES OF NEWS STORIES IN THE SENTINEL OR SOME SUCH FORMAT? OR WHEN THE FIRE DEPATMENT MAKES THEIR YEARLY INSPECTIONS, WHY COULDN'T THEY SEE IF THE OWNER OR AGENT HAS HIS NAME PROPERLY POSTED ON THE PROPERTY AND THAN FOLLOW UP WITH ENFORCEMENT OF VIOLATORS. GENTLEMEN, WE MUST NOT LET OUR EMOTIONS OVERIDE LOGIC. WE WOULD ALL LIKE TO HAVE LODI A NEAT WELL—MAINTAINED CITY ---BUT THIS IDEA OF MORE MANAGERS AND MORE CITY INSPECTIONS WILL NOT DO IT. IF ANYTHING, BECAUSE OF ANOTHER INCREASE IN HOUSING COSTS, THEY MAY FORCE PEOPLE TO VIOLATE THE LAW TO PROVIDE HOUSING FOR THEIR FAMILY. I SINCERELY BELIEVE BY EDUCATING THE PUBLIC AND ENFORCEMENT OF CURRENT LAWS WE CAN PROVIDE SAFE AFFORDABLE HOUSING TO ALL THE PEOPLE OF LODI. I APPRECIATE YOU TAKING YOUR TIME TO READ THESE THOUGHTS. S I NCJ�RELY, Gars/ G. grandt MEMBER: Lodi Board of Realtors - t,odi District Chamber of Commcrec - California Association of Realtors National Association of Rcaltorc WIM El a_11111:x; On July, 1991 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on July �1,� �I992, at Lodi, California. Alice M. Reimche City Clerk �60niferW) Deputy C y Clerk DEC/0l. TXTA. FRM F CITY; --JF L ITY COUNCIL AGENDA SPECIAL MEETING Date: CARNEGIE FORUM Wedacsday, Axgiut J 4, 19911 305 West Pine Street, Lodi Time: 7.30 p.m. 1. Roll call to be recorded by the City Clerk 2. Regular Calendar a) Consideration of resident manager/ property maintenance ordinance formats as presented by City Attorney 3. Adjournment Pursuant to Section 54956.2(a) of the Government Code of the State of California, this Agenda was posted at a public place freely accessible to the public 24 hours a day. "Alice M. Rei c e, Lity Clerk For information concerning this Agenda please contact Alice M Reimche, City Clerk, Telephone - 333-6702 0. AGN8#14/TXTA.02J/AGENDAS NOTICE OF SPECIAL COUNCIL MEETING MAILING LIST EXHIBIT "B" Phillip A. Pennino 1502 Keagle Way - - � Lodi-; •CA 95242 John 'k.: Snider 2328 Brittany Lane Lodi, CA 95240 David M. Hinchman 1131 South Pleasant Avenue Lodi, CA 95240 James W. Pinkerton 916 West Turner Road Lodi, CA 95240 Jack A Sieglock 1702 Timberlake Circle Lodi, CA 95242 KCVR Radio P. 0. Box 7871 Stockton, CA 95207 KSTN Radio 3171 Ralph Avenue Stockton, CA 95206 City Clerk City of Lodi Community Development Director Michael A. Lapenta 1718 Edgewood Drive t o d i , CA 95240 Susan Hitchcock 141 South Avena Avenue Lodi, CA 55240 Roger Stafford 801 South Mills Avenue Lodi, CA 95240 James E. Griffith 1020 Bradford Circle Lodi, CA 95240 Dorance Ochs Lodi Senior Citizens Commission 1812 Burgundy Drive Lodi, CA 95240 COUN/16/TXTA.02J Tamma Adamek Lodi N m Sentinel P.O. Box 1360 Lodi, CA 95240 King Videocable Attn: Ms. Deanna Enright 1521 South Stockton Street Lodi, CA 95240 Stockton Record City Editor P.O. Box 900 Stockton, CA 95209 Lodi Magazine P. 0. Box 648 Lodi, CA 95241 City Manager City of Lodi Assistant City Manager City of Lodi City Attorney City of Lodi Public Works Director City of Lodi Craig Rasmussen 1111 West Tokay Street Lodi, CA 95240 Larry Mindt P.O. Box 782 Lodi, CA 95241 Harry Marzolf 445 Madrone Court Lodi, CA 95240 Neumi 11e r• & Beardsi ee Attention: Thomas Terpstra 5th Floor Waterfront Office Tower II 509 West Weber Avenue Stockton, CA 95203 .,1 RESIDENT MANAGER/ PROPERTY MAINTENANCE ORDINAMCE FORMATS MAILM L I ST EDIT B Craig Ackerman 313 East Elm Street Lodi, CA 95240 Dae Nietschke 1806 West Kettleman Lane M Lodi, CA 95242 Gary Brandt 314 West Lockeford Street Lodi, CA 95240 Violet George 344 East Dm Street Lodi, CA 95240 J. Jeffrey Kirst P.O. Box 1259 Woodbridge, CA 95258 Virginia Lahr 311 East Elm Street Lodi, CA 95240 Tony Canton 1029 South Church Street Lodi, CA 95240 Gerald J. Vanderlans Vanderlans & Sons, Enc. P.O. Box 758 Lodi, CA 95241 .. eyl 4 DECLARATION OF MAILING On July 24, 1991 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail , envelopes with first-class postage prepaid therecn, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 24, 1991, at Lodi, California. s DEC/01 TXTA. FRM Alice M. Reimc e City Clerk nn Je&ifer Mk Perrin Deputy City Clerk Chan ed 1 as=;toy:�datd` 6ril � ..�: d`+ ,TY COUNCIL AGENDA CITY a� LO® I SPECIAL MEPT�N�G— ! CARNEGIE FORUM Date: tesc e u Pd datp 305 West Pine Street, Lodi Time: Wednesday , August 28, 1991 1. Roll call to be recorded by the City Clerk 2. Regular Calendar , a) Consideration of resident manager/ property maintenance ordinance formats as presented by City Attorney 3, Adjournment Pursuant to Section 54956.2(a) of the Government Code of the State of California, this Agenda was posted at a public place freely accessible to the public 24 hours a day. Alice M. Reimcbe, City Clerk For information concerning this Agenda please contact Alice M. Reimche, City Clerk, Telephone - 333-6702 AGN8#14/TXTA.02J/AGENDAS NOTICE OF SPECIAL COUNC L , SETING MAILING LIST EXHIBIT "B Phillip A. Pennino 1502 Keagle Way L66-il CA 95242 John R. Snider 2328 Brittany Lane Lodi, CA 95240 David M. Hinchman 1131 South Pleasant Avenue Lodi, CA 95240 James W. Pinkerton 916 West Turner Road Lodi, CA 95240 Jack A. Sieglock 1702 Timberlake Circle Lodi, CA 95242 KCVR Radio P. 0. Box 7871 Stockton, Ca 95207 KSIN Radio 3171 Ralph Avenue Stockton, CA 95206 City Clerk City of Lodi Community Development Director Michael A. Lapent.a 1718 Edgewood Drive Lodi, CA 95240 Susan Hitchcock 141 South Avena Avenue Lodi, CA 95240 Roger Staff ord 801 South Mills Avenue Lodi, CA 95240 James E. Griffith 1020 Bradford Circle Lodi, CA 95240 Dorance Ochs Codi Senior• Citizens Commission 1812 Burgundy Drive Lodi, CA 95240 COUN/16/TXTA.02J Tamma Adamek Lodi News Sentinel P.O. Box 1360 Lodi, CA 95240 King Videocable Attn: Ms. Deanna Enright 1521 South Stockton Street Lodi, CA 95240 Stockton Record City Editor P.O. Box 900 Stockton, CA 95209 Lodi Magazine P. 0. Box 648 Lodi, CA 95241 City Manager City of Lodi Assistant City Manager City of Lodi City Attorney City of Lodi Public Works Director City of Lodi Craig Rasmussen 1111 West Tokay Street Lodi, CA 95240 Larry Mindt P.O. Box 782 Lodi, CA 95241 Harry Marzol f 445 Madrone Court Lodi, CA 95240 Neumiller &•Beardslee Attention: Thomas Terpstra 5th Floor Waterfront Office Tower II 509 West Weber Avenue Stockton, CA 95203 RESIDENT MANAGER/PROPERTY MAINTENANCE ORDIMANCE FORMATS HAILING LIST EXHIBIT B Craig Ackerman J. Jeffrey Kirst 313 East Elm Street P.O. Box 1259 Lodi, CA 95240 Woodbridge, CA 95258 Dee Nietschke Virginia Lahr 1806 West Kettleman Lane #D 311 East Elm Street Lodi, CA 95242 Lodi, CA 95240 Gary Brandt Tony Canton 314 West Lockeford Street 1029 South Church Street Lodi, CA 95240 Lodi, CA 95240 Violet George Gerald J. Vanderlans 344 East Elm Street Vanderlans & Sons, Inc. Lodi, CA 95240 P.O. Box 758 Lodi, CA 95241 U