Dublin Municipal Code Art. I General Provisions

It is the purpose of the provisions of this chapter to provide an equitable and practicable alternative method for the abatement of substandard property which endangers the health, property, safety, or welfare of the public or its occupants. The procedures for abatement set forth herein shall be cumulative with and in addition to civil, criminal or other legal or equitable remedies established by law which the city may pursue to address violations of this code or applicable state law and use of this chapter shall be at the sole discretion of the city.

(Ord. 25-10 § 9 (Exh. H) (part))

For the purposes of this chapter, the words set out in this section shall have the following meanings:

“Abate” or “abatement”

means and includes, but is not limited to, demolition, removal, repair, vacation, maintenance, construction, replacement, or reconditioning of structures, buildings, appliances or equipment or the correction or elimination of any substandard condition upon substandard property.

“Clerk,”

unless otherwise specified, means the City Clerk of the city of Dublin.

“Demolish” or “demolition”

means and includes the removal of the resulting debris from such demolition and the protection by filling of excavations exposed by such demolition and abandonment of sewer or other waste disposal facilities as may be required by this chapter or other laws.

“Party concerned”

means the person, if any, in real or apparent charge and control of the substandard property, the record owner, the holder of any mortgage, trust, deed or other lien or encumbrance of record, the owner or holder of any lease of record, or the record holder of any other estate or interest in or to such property. As used in this subsection all reference to “record” means matters of record in the office of the County Recorder of the County of Alameda which definitely and specifically describes the premises involved.

“Substandard conditions”

mean and include, but are not limited to, the following:

A.

A dangerous building or structure as defined in Section 7.28.020.

B.

A dangerous electrical, plumbing or mechanical installation as defined in Section 7.28.030.

C.

An illegal building or structure as defined in Section 7.28.060.

D.

A substandard building as defined in Section 7.28.090.

E.

Any other condition of a building or structure that endangers the life, limb, health, property, safety, or welfare of any person.

“Substandard property”

means and includes any building, structure or land upon which substandard conditions exist.

(Ord. 25-10 § 9 (Exh. H) (part))

The Enforcement Official or his designee shall be the person authorized to administer the provisions of this chapter and shall be as follows:

A. The Building Official for matters regulated in Chapters 7.28, 7.32, 7.34, 7.36, 7.40, 7.44, 7.48 and 7.94 except as set forth in subsection B of this section;

B. The Alameda County Health Officer for matters pertaining to private water supplies, private sewage disposal systems, infestation of insects, vermin or rodents, storage and removal of garbage, or sanitation of bedding;

C. The Director of Public Works for matters regulated in Chapters 7.16 and 7.20.

(Ord. 25-10 § 9 (Exh. H) (part))

The Hearing Officer authorized to conduct hearings under this chapter or his designee shall be as follows:

A. The Director of the Environmental Health Division in proceedings initiated by the Alameda County Health Officer.

B. The City Council in proceedings initiated by the Building Official or Director of Public Works.

(Ord. 25-10 § 9 (Exh. H) (part))

Whenever necessary to make an inspection to enforce any of the provisions of this code or whenever the Enforcement Official or Hearing Officer has reasonable cause to believe that a violation of this code exists in any building or any premises, or there exists in any building or upon any premises any condition which makes the building or premises dangerous, substandard, unsanitary, or a menace to life, health or property, the Enforcement Official or Hearing Officer may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by law, ordinance, rule, or regulation; provided, that (A) if the building or premises is occupied, he or she shall first present proper credentials and demand entry; and (B) if the premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises to demand entry. If entry is denied, or if the owner or individual in charge of the premises cannot be located, the Enforcement Official or Hearing Officer shall have recourse to every remedy provided by law to secure entry, including but not limited to the provisions of Code of Civil Procedure Sections 1822.50 et seq.

(Ord. 25-10 § 9 (Exh. H) (part))