Ordinance 2619CITY OF ALAMEDA ORDINANCE NO.
New Series
2619
AMENDING THE ALAEDA MUNICIPAL CODE BY ADDING SUBSECTION1-5.3 TO CHAPTER I, THEREOF , ESTABLISHING A PROCEDURE TO
RECORD A NOTICE OF VIOLATION AGAINST REAL PROPERTY FOR
VIOLATIONS OF THE ALAEDA MUICIPAL CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAEDA that:
Section 1 The Alameda Municipal Code is hereby amendedby adding Subsection 1-5.(Notice of Violation) to Chapter I
(General), Subsection 5 (Penalty Provisions), thereof to read:
1-5.Notice of violation.
a. General. Whenever any property is determined to be
violation of any provisions of this Code , a Notice of Violation may
be recorded with the County Recorder's Office provided that all
provisions of this Section are complied with. The remedy provided
by this Section is cumulative to any other enforcement action
permitted by this Code.
b. Recordation. If it is determined that any property is in
violation of any provisions of this Code; and if an Official of the
City of Alameda gives written notice as specified in this section;
and if wi thin thirty (30) days of said notice , the property is not
brought into compliance with this Code , the City may, at any timethereafter, record with the County Recorder s Office a notice that
the property is in violation of this Code.
c. Notification. Prior to recording the Notice of Violation , a
copy of said notice shall be posted on the property and a copy
shall be mailed to the owner of the property, as indicated on the
last equalized County Assessment roll. In addition , the City may
also mail a copy of the Notice of Violation to any entity or person
which holds a recorded mortgage deed of trust on the property.
Mailed notices may be by registered , certified or first class mail.
d. Contents of "Notice of Violation"
shall contain the following information:The Notice of Violation
1. A description of the conditions on the property which
violate the provisions of this Code;
2 .A list of the necessary corrections;
3 . That if the violation is not remedied to the satisfaction
of the City within thirty (30) days , the City may, at any time
thereafter, record with the County Recorder's Office a notice that
the property is in violation of this Code.
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e. Rescission. Any person who desires to have recorded anotice rescinding the Notice of Violation may file a written
request with the City Official who signed the Notice of Violation.
Once this request is received , the property shall be reinspected
wi thin fifteen (15) working days to determine compliance. If the
violation (s) at the property has been corrected; and if all
inspection and penalty fees and all costs incurred by the City in
the investigation of the violation and the processing of notices
have been either paid or have been placed upon the tax roll as a
special assessment pursuant to Section 26845 of the Government
Code , the City shall record a Notice of Compliance with the County
Recorder s Office rescinding the prior Notice of Violation.
section 2 This ordinance shall be in full force and effect
from and after the expiration of thirty (30) days fr m t ate of
its final passage.
Attest:
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Cl ty Clerk
, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of
Alameda in the adjourned regular meeting assembled on the 17th
day of, Novemhex , 1992 , by the following vote to wit:
AYES:Co.uncil!le:rbers :Arnerj,ch., Caricia, Lucas oth.and rre.siJJent Withrow' ...5..
NoneNOES:
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my harid and affixed the
official seal of said City this J.8th,- day of November , 1992.
/;AI(
Diane . Felschci ty of Alameda
Ci ty Clerk