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Chapter 8.144
ENFORCEMENT

8.144.010 Purpose.

To establish procedures for enforcement of the provisions of Title 8 of the Dublin Municipal Code.

Intent. The intent of this Chapter is to ensure compliance with the provisions of Title 8 of the Dublin Municipal Code and any conditions of approval of a permit; to promote the City’s planning and building efforts; and to protect the public health, safety, and welfare of the City.

8.144.020 Duty of the City Council.

It is the duty of the Dublin City Council to assure the proper administration of Title 8 through enforcement of its provisions. The City Council shall have the power to establish from time to time such policies, rules and regulations not in conflict with Title 8 as are necessary for that purpose. Said policies, rules and regulations shall be adopted by the City Council by resolution.

8.144.030 Duty of the City Manager.

It shall be the duty of the City Manager and his/her designee to enforce the provisions of Title 8 of the Dublin Municipal Code.

8.144.040 Duty of the Department of Community Development.

A.    Designation of officers or employees authorized to enforce Title 8. The Director of Community Development may designate officers or employees to enforce the provisions of Title 8. The Officers or employees so designated shall have the authority to issue citations and commence abatement proceedings against anyone who violates any of the provisions of Title 8.

B.    Duty. It is the duty of the officers or employees of the Department of Community Development so designated to enforce the requirements of this Title as directed by the City Council.

8.144.050 Compliance.

A.    Actions contrary to Title 8 are unlawful and a public nuisance. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to Title 8; or any use or occupancy of any land, building or premises established, conducted, operated or maintained contrary to Title 8 is unlawful and is hereby declared to be a public nuisance and may be summarily abated as such.

B.    Compliance with provisions of Title 8. Every department and employee of the City of Dublin authorized to issue permits or licenses affecting the use or occupancy of land or of a building or structure within the City shall comply with the provisions of Title 8.

C.    No issuance of permit until action taken and time for appeal expired. No permit shall be issued unless and until final action has been taken and any appeal period has expired.

D.    Permit or license contrary to provisions of Title 8 is null and void. Any permit or license hereafter issued for a building, structure, use or occupancy contrary to the provisions of Title 8 shall be null and void and of no effect.

8.144.060 Violations.

A.    Infraction/Misdemeanor. Notwithstanding Section 1.04.030 of the Dublin Municipal Code, any person, firm, or corporation violating or causing, or permitting to be violated, or failing to comply with any of the provisions of Title 8 shall be guilty of an infraction unless such violation is described as a misdemeanor by specific provisions of Title 8.

B.    Separate offense. Each person, firm, or corporation shall be guilty of a separate offense for each day and every day during any portion of which any violation of any provision of Title 8 is committed, continued or permitted by such person, firm, or corporation, and shall be punishable accordingly.

8.144.070 Remedies.

A.    Civil Remedies. The Director of Community Development shall commence appropriate action or proceedings to enforce the provisions of this Title and to abate, remove or enjoin any violation of this Title.

B.    Criminal Remedies. Any person, firm or corporation guilty of an infraction under the provisions of Title 8 shall be punishable upon a first infraction of a fine of not more than $100.00, and for a second infraction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent infraction within a one-year period by a fine of not more than $500.00. Any violation beyond the third infraction within a one-year period may be charged as a misdemeanor and the penalty for conviction of the same shall be subject to fine or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19. Rev. Ord. 16-02 (October 2002)

C.    Other Applicable Remedies. The City Manager may seek compliance with the provisions of Title 8 by pursuing any available remedy, alone or in combination, to correct the violation.

D.    Cumulative. All remedies contained in Title 8 for handling violations or for enforcing the provisions of Title 8 shall be cumulative and not exclusive of any other applicable provisions of City, County or State Law.

8.144.080 Inspections.

Every property owner or applicant seeking a permit or other approval under Title 8 shall permit the City access from time to time to any premises or property to render inspections as deemed necessary to determine or ensure compliance with this Title. Upon issuance of a permit or any other approval under Title 8, the property owner or applicant shall permit the City access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval.