HomeMy WebLinkAbout2016-06ORDINANCE NO. 2016-06
ADDING CHAPTER 10-16 TO THE TOWN OF DANVILLE MUNICIPAL
CODE AUTHORIZING THE RECORDATION OF NOTICES OF NON-
COMPLIANCE FOR VIOLATIONS OF THE TOWN'S BUILDING CODES
The Danville Town Council does ordain as follows:
SECTION 1. ADDING A NEW CHAPTER 10-16 TO THE TOWN OF DANVILLE
MUNICIPAL CODE
A new Chapter 10-13 is hereby added to the Danville Municipal Code to read as
follows:
CHAPTER 10-16
RECORDING NOTICE OF NON-COMPLIANCE
Section 10-13.1 Notice of Non -Compliance.
Whenever the Chief Building Official determines that construction activity at a property
fails to comply with the requirements or standards of Chapters 10-1 through 10-7 or 10-
13 through 10-15 of this Code, the Chief Building Official may provide a notice of the
non-compliance to the owner of the property. This notice shall be posted at the
property and mailed to the owner at the address shown on the latest assessment roll.
The notice shall specify the violation or non-compliance and shall state that within 20
days the owner may request a meeting with the Chief Building Official to present
evidence that the property does comply with the applicable codes.
Section 10-13.2 Recordation of Notice of Non -Compliance
(a) If the owner fails to request a meeting within the 20 days or requests a hearing
but fails to establish that the property complies with the applicable code, the
Chief Building Official may record a Notice of Non -Compliance with the County
Recorder, as provided for in Government Code Section 27201(a).
(b) If the owner or a subsequent owner of the property brings the property into
compliance, the Chief Building Official shall record a notice cancelling the Notice
of Non -Compliance with the County Recorder.
(c) Recordation of a Notice of Non -Compliance against a property shall not prohibit
the Town from pursuing other legal remedies available under this Code or state
law.
SECTION 2. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
The foregoing ordinance was introduced on November 1, 2016 and approved and
adopted by the Danville Town Council at a regular meeting on November 15, 2016, by
the following vote:
AYES: Arnerich,;Doyle, Morgan, Stepper, Storer
NOES: None
ABSTAIN: None
ABSENT: None
MA R
APPROVED AS TO FORM: ATTEST:
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CITY ATTORNEY CITY CLE
CLERK'S CERTIFICATE
City Clerk of the
Town of Danvid
PAGE 2 OF ORDINANCE NO. 2016-06