Dublin Municipal Code Art. III Enforcement

Whenever any building or structure, electrical, plumbing, or mechanical installation, or portion thereof, is being used contrary to the provisions of this chapter or any other applicable law, ordinance, rule, or regulation, and whenever the existing use or occupancy of a building has been changed without the approval of the Building Official, the Building Official may order such use discontinued and, where deemed necessary for the safety of the occupants thereof, or the public, may order the building or structure or portion thereof to be vacated by serving written notice to any persons using or causing such use. If there are no persons present on the premises at the time, the notice may be posted in a conspicuous place on the premises. The notice shall state the nature of the violation and the time when said use shall be discontinued, and when required, the time when said building or structure or portion thereof shall be vacated. No person shall continue said use or continue to occupy said building or structure, electrical, plumbing, or mechanical installation, or portion thereof, contrary to the terms of said notice until the violation is corrected and use or occupancy is authorized by the Building Official.

(Ord. 8-25 § 3 (Exh. B))

A. It is unlawful to maintain or use a dangerous building or structure or a dangerous electrical, plumbing, or mechanical installation.

B. All dangerous buildings or structures or dangerous electrical, plumbing, or mechanical installations are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Chapter 7.52 or by any other remedy available at law or in equity.

(Ord. 8-25 § 3 (Exh. B))

A. All illegal buildings, structures or installations shall be made to conform to the provisions of this chapter or shall be demolished and removed.

B. Whenever necessary to assure compliance with the foregoing provisions, the owner of any illegal building, structure or installation shall uncover any concealed portions of such building, structure, electrical, plumbing, or mechanical installation for inspection and shall perform such tests as may be required by the Building Official.

C. It is unlawful to use or maintain any illegal building, structure or installation or portion thereof which was erected, installed, constructed, enlarged, altered, repaired, moved, converted, or improved without a permit.

D. All illegal buildings, structures or installations or portions thereof are hereby declared to be public nuisances and may be abated in accordance with the provisions specified in Chapter 7.52 or by any other remedy available at law or in equity.

(Ord. 8-25 § 3 (Exh. B))

A. Except as required by Sections 7.32.090 and 7.34.090 and Section 713.5 of the California Plumbing Code/Uniform Plumbing Code, buildings or structures, electrical, plumbing or mechanical installations in existence at the time of the adoption of the ordinance codified in this chapter may have their existing use or occupancy continued if such use or occupancy was legal at the time of adoption of the ordinance codified in this chapter and provided such continued use does not endanger the life, health, property, or safety of the public or the occupants of such buildings or structures.

B. Electrical, plumbing and mechanical systems installed in apartments, hotels and dwellings prior to January 1, 1975, shall be deemed to have conformed to applicable law in effect at the time of installation and to have been maintained in good condition if such systems are currently in good and safe condition and working properly.

(Ord. 8-25 § 3 (Exh. B))

A. All existing and new buildings or structures, electrical, plumbing and mechanical installations, and parts thereof shall be maintained in a safe and sanitary condition. All devices or safeguards which were required by the building, electrical, plumbing, and mechanical codes when the building, structure, or installation was erected or installed shall be maintained in good working order. The owner or his designated agent shall be responsible for maintenance of all buildings, structures, installations or systems.

B. Private building sewers shall be maintained in a gastight and watertight condition. Where private sewage disposal systems are permitted, the effluent therefrom shall be contained beneath the surface of the ground level and within the property lines of the premises.

(Ord. 8-25 § 3 (Exh. B))

When any requirements of Chapter 7.24 7.28, 7.32, 7.34, 7.36, 7.40, 7.44, 7.45, 7.46, 7.48 or 7.94 and manufacturer’s instructions conflict, the more stringent provisions shall prevail.

(Ord. 8-25 § 3 (Exh. B))

A. Any person who violates a provision of this chapter or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this chapter, shall be prosecuted in accordance with the provisions set forth in Section 1.04.030.

B. In addition to the penalties provided in Section 1.04.030, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be abated in accordance with the provisions specified in Chapter 7.52 or by any other remedy available at law or in equity.

(Ord. 8-25 § 3 (Exh. B))

A. Any person aggrieved by any decision of the Building Official in connection with the application or interpretation of the provisions of this chapter or in the approval of alternate materials or methods of construction may appeal to the City Council. Such appeal shall be in writing and filed within ten (10) days from the date of the Building Official’s decision.

B. The City Council may, after a hearing, interpret any provision of this chapter.

C. The City Council may, after a hearing, vary the application of the provisions of this chapter in any specific case if it determines that enforcement thereof would be contrary to the spirit and purpose of this chapter or to the public interest. In granting a variance, the City Council may impose any requirements or conditions to mitigate any adverse effects that may result from granting a variance.

D. In interpreting the provisions of this chapter or in granting a variance the City Council shall make the following findings:

1. That the interpretation or variance is consistent with the purpose of this chapter; and

2. That the interpretation or variance will not result in less protection to the people of the city or the property situated therein.

E. The City Council may approve alternate materials or methods of construction as set forth in Section 7.28.150 by overruling the decision of the Building Official. In approving any alternate materials or methods of construction the City Council shall find that such materials or methods of construction are for the purpose intended, at least the equivalent of that prescribed by this chapter in quality, strength, effectiveness, durability, dimensional stability and safety.

F. The City Council may appoint a Board of Appeals to hear any specific appeal. The Board of Appeals shall consist of five (5) members qualified by training and experience to pass on matters pertaining to the subject matter of the appeal and to serve until the disposition of the appeal. The Board of Appeals shall have the same authority and duties as the City Council in interpreting this chapter, granting variances, or approving alternate materials or methods of construction. The Building Official shall be an ex officio member of the Board of Appeals and shall act as secretary to the Board. The Board of Appeals shall adopt reasonable rules and regulations for conducting its hearings and investigations. The decision of the Board of Appeals shall be final.

(Ord. 8-25 § 3 (Exh. B))

The City Council may, after a public hearing held upon not less than ten (10) days’ notice, revoke or modify by written order any order permitting a variance. The City Council shall serve notice of the time and place of a hearing to revoke or modify any order permitting a variance not less than ten (10) days prior to such hearing, by personal service, or by first class mail, postage prepaid, mailed to the person to whom such variance was granted at the address shown in the application for such variance or to such other address as may appear reasonable to the City Council under the particular circumstances.

(Ord. 8-25 § 3 (Exh. B))