Article 5 — ENFORCEMENT

Any property upon which there exists a violation of any provisions of this Chapter is hereby declared and determined to be a public nuisance. When a designated City Enforcement Officer determines there is a violation of any provision of this Chapter, he or she is authorized to issue an administrative citation to a responsible party and/or to abate such violation in accordance with the provisions of any abatement procedure authorized under this Municipal Code or state law and to recover the costs of the same from the owner or other responsible party. The City Enforcement Officer is authorized to use his or her reasonable discretion to extend the time in which an owner may abate any nuisance condition if such condition is the direct result of a fire, earthquake, flood or other natural disaster, unless the City Enforcement Officer reasonably determines that the condition is imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public.

During drought conditions, the City Council, may by resolution, suspend the enforcement of the provisions of this Chapter as they relate to dead or dying vegetation due to lack of water.

For lots on which the improved surface of the property exceeds 50% of the front yard area setback (including the driveway) as of March 25, 2008, said improved surface shall be deemed a legal non-conforming use and shall be subject to the provisions of section 9.1.1502(d) of this Code.

This Chapter shall not be construed to replace or supersede any other section of this Code, except where expressly provided herein, but shall supplement such provisions. In the event that there is an express conflict between the provisions of this article and another provision of this Code, the more stringent provisions shall prevail so as to carry out the intent of the City Council." (Ord. 06-08, 4/8/2008)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.30.102

§ 4.29.508