ORD 0394 - Laserfiche WebLink

mence either the required repairs, be submitted by the Board of Ap- icipal taxes. In the event of non- improven~ents or deinolition and peals, setting forth reasons for the payment, the City Council shall the date by which said work is to action taken. any time within si}cty days of the be completed. e) The Council shall find wheth- confirmation of the statement, j) The owner's right of appeal er in its opinion an error was cause to be filed in the office of the from rhe decision and order of the made, County Recorder a certificate on- City Engineer and the date by which f) The Council may affirm, re- titled "Notice of ' " ' out SECTION 8. BOA,RD OF AP- ed, as it deems just and equitable, the aznount, dates and interest in- PEALS. There is hereby created and exercise all rights of other volved. From the date of recording and established a Board of Appeals, officers or the Board of Appeals. of said Notice of Lien, all persons consisting of five members who are g) Action of the City Council shall ~e deemed to have had notice qualified by experience and train- may be reviewed by competent of rhe contents thereof, and the !ng to pass upon matters pertain- courts. statute of limitations shall not run mg to building construction. Each SECT]~ON 12. LIEN PROCEDURE against the rights of the City to member of the Boa~rd of Appeals a) (~eneral Y.isn Procedure, This enforce payment of said lien. shall be appointed by the Council, section shall constitute and pro- In the event the amount received for a term of two years, provided vide the general lien procedure for fram the sale of materials exc~-4s that first two members appointed the City in abatement of nuisances the expense of razing, then the ex- shall serve a term of one year. The and unsafe buildings, particularly ct.ss shall be deposited with Board shall elect a chairman. The when buildings or structures are City Treasurer to the credit of the City Engineer or his representative abated pursuant to the sections ox~'ner of said property or or '.or s'hali !be an ex-officio member of above. persons producing evidence of own- h City said Board and shall serve as sec- b) ,]'arls0J(}tlo~. ~o aba~;s. Thirty orship satisfactory to t e rotary. The Board shall adopt reas- (30.) days after the posting of Treasurer. onable rules and regulations for cop~es of the resolution of the City SECTION 13. ACT NOT EXCLU- conductin its husincss. Council or the final action of the SIVE. Nothing in this ordinance SECTI~)gN 9. DUTIES OF BOARD Engineer, with no appeal pond- shall be construed to abrogate or .City OF APPEALS. The ~oard of Ap- rag, the City shall be deemed to impair the power of the City of peals shall: have acquired jurisdiction to abate Pleasanton or any department a) Upon receipt of a written such nuisance by razing or remo- thereof to enforce any provision of notice of appeal fro,n the decision ving said building. In the event its ordinances or regulations, nor ann order of the City Engineer by the nuisance is not abated within to prevent or punis'h violations the owner or party in interest with- the thirty day period by owners thereof, and any po~vers conferred in 30 days from t'he date of the or interested persons, h t e same bX this ordinance shall be in addi- service of said decision or order, shall be done under the direction t~on to and supplemental to powers the Board shall entertain such up- and supervision of the City. conferred by other laws, nor shall peal, conduct a hearing thereon as c) l}ispasltton of materials. this ordinance be construed to am- provided in Subsection (b) hereof; Building materials contained in pair or limit in any way the power or upon receipt of a request in writ- such buildings shall be sold by the of the City of Pleasanton to define ing from the City Engineer to re- City at public sale to t'he highest and declare nuisances and to cause view his decision, the Board shah responsible bidder not less than their removal or abatement by sum- entertain such request and conduct five (5) days after notice of in- mary proceedings, or in any other a hearing as heroin provided. The tended sale has been pu,blished at manner provided by law. Board of Appeals shall notify the least once in a nexvspaper of ge.~- SECTION 14. LIABILITY. No of- oxrner of the 'hearing date, post oral circulation published within ricer, agent or employee of the City the property with a notice of hear- the ,City, either before or after said of pleasanton shall render himself ing and publish a notice of hearing, building has been razed or remov- personally liable for any damage all as provided in Section 7. ed. Any amount received from the that may accrue to persons or prop- b) I-Iold a hearing as required sale of such building materials erty as a result of any act required b,. .Subsection (a) above within 21 shall be deducted from the expense or permitted in the discharge o.f his days after receipt of an appeal to of razing or rmnoving said !buitd- duties under this ordinance. Any hear such testimony as may be ing. The City Engineer shall keep suit brought against any officer, presented by any department of an itemized account of the expens- agent or employee of the City of the City of Pleasanton or the own- es involved in razing or removal Pleasanton, as a result of any act or. occupant, mortgagee, lessee or of any such buildings, and shall required or permitted in the dis- any other person having an inter- deduct therefrom the amount re- charge of his duties under this or- est in saAd building or structure, ceived from t'he sale of building dinahco. shall be defended by the with relation to the "unsafe build- materials. Upon completion, the City Attorney until final ter.mina- ing." City Engineer shall post conspicu- tion of the proceedings. c) Make written findings of fact ousl on the property fron~ which within 60 days fro,m the date of the ~uilding was razed or removed SE,CT~ON 15. PENALTIES. Any person, firm, or corporation violat- first 'hearing, stating whether or a verified statement showing the ing any of the provisions 0f this not the building in question is an gross and net expenses, together ordinal{co shall be deemed guilty of "unsafe building" within the terms wit'i~ a notice of time and place a misdemeanor, and each such per- Section 2 hereof. which said statement shall be sub- son, firm or corporation shall be °fd) The Board shall uphold, re- matted to the City Council for up- deemed guilty of a separate offense verse or modify the City Engineer's proval and confirn~ation, At said for each and every day or portion order. time, the Council shah consider thereof during ~hich any violation SECTION 10. DEMOLITION. If any objections or protests which of the provisions of this ordinance the owner or party in interest fails may be raised by any property is committed, continued, or permit- to cmnply wit'h the decision of the owner liable to be assessed for the ted, and upon conviction of any Board of Appeals, or in the event cost of such work and any other such violation such person, firm or no appeal is filed, with the order interested persons. A cop of said corporation shall be punishable by of the City Engineer, then and in statement and notice shaliY,be mail- a fine of not more than $300.00, or that event, either the Board or the ed in the manner prescribed in Sec- by imprisonment for not more t'han City Engineer, as t'he case may be, tion 7 above and an affidavit of 90 days, or by both such fine and may dircct or cause such buildings posting and mailing shall be filed imprisonment. or structure to be iinproved, vacat- with the City Clerk. The hearing SECTION 16. SEVERABILITY. ed, closed or demolished as the on the statement of expense by the If any section, subsection, sentence, facts may warrant under the stand- City Council shall not be less than claus~ or phrase of this ordinance ards heroinabove provided, and the five days frou~ the date of posting is for any reason held to be invalid cost of such iu~provement, vacation and mailing of said statement and or unconstitutional by the decision or demolition shah be assessed notice. of any court of competent jurisdtc- against the real property upon which d) l[eaxl~x~' o~ s~eme~ of ax-, tion, such decision shall not affect such costs were incurred, as pro- [anso. At the time fixed for the the validity of the remaining par- vided hereafter, unless such am- eating on the statement of ex- tions of this ordinance. The .City aunt is previously paid. pense, the Council shall consider Council hereby declares that it SECTION II. APPEAL TO COUN- the staten~ent, together with any would have passed this ordinance, , C1L objections or protests which may and each section, subsection, sen- a) Any person aggrieved or al- be raised by any of the property tence, clause and pharse thereof, leglog error by the action of the owners liable to be assessed for the irrespective of the fact that any Board of Appeals in the ad~ninis- work, and any other interested per- ~'n,1 or more of the sections, sub- tration or enforcelnent of this or- sons. T'he Council may make such sl,elions, sentences, clauses or danaace may make application to revision, correction or modification ptxr~,ses thereof ~e declared invalid the City Clerk in the mannner pro- in the statedneat as it deems just. or unconstitutional. scribed by the City Council within The Council shall confirm said INTRODUCE,D AN,D READ at a 7 days fro.m the date of the actio.~ statement as modified, at said time, regular meeting of the City Coun- that is appealed. or upon adjournment or continuanc- cil or the City of Pleasanton on b) Application shall be aceore- es as it may grant. 1Vl,ty 25, 1964. panled by a, verification by at least e) l~'o~iee of lte~l. In event the READ AND ADOPTED at a reg- one of the petitioners. attested be- cost of razing exceeds the proceeds ular mt. eting of the Council of the fore a Notary Public or person received from sale of materials, City of Pleasanton held on June 1, authorized to administer oaths, or then the net expenses if not paid 1964. by the following vote: by a sworn declaration under pen- within five days after t'he Council's AYES: Councilmen Hardlog, alty of perjury. approval of statement, shall consti- V,i!liau~s and Long. c) A pu~blic hearing shall be tute a lien on the real property N(,ES: None. held by the City Council within frown which the building was abut- AI~SENT Councilmen Bubics and 30 days from the date of appeal. ed or removed. The lien shall con- Cawo. Notice of time, place and purpose tinue until the amount thereof and DATED June 1, 1964. of the hearing ghall be given by interest thereon at the rate of 6% s/JOHN B. LONG, the City Clerk by publication once per annum, computed from the date Mayor. in a newspaper 6f general circula- of confirmation of the statement ATTEST: tion published within the City lira- until paid, shall have been paid ~ s/HELEN WOO DWAP,~), its at least 10 days prior to said ~ or until it is discharged of '.J~ City Cork. hearing. Such lien shall be upon part I)~.~7(SEAL) ' d) A full record in writing shall the lien for State, County and mun- Pub June 10, 19~4.