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HomeMy WebLinkAboutOrdinance No. 257ORDINANCE NC. -2 S� AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE CITY OF AZUSA REQUIRING AND PROVIDING FOR THE REn,1 VAL FROM PROPERTY, LANDS AND LOTS WITHIN THE CITY OF AZUSA OF WEEDS, RUBBISH AND OTHER MATERIAL WHICH MAY ENDANGER OR INJURE NEIGHBORING PROPERTY OR THE HEALTH OR WELFARE OF RESIDENTS OF THE VICINITY; AND PROVIDING FOR THE ES- TABLISHMENT OF LIENS FOR THE COST OF SUCH REMOVAL AND FOR THE ENFORCENENT OF SUCH LIENS. The Board of Trustees of the City of Azusa do ordain as follows: Section 1. Whenever the Captain of the Fire Department shall find weeds, rubbish or any other material upon any property, lands or lots in the City of Azusa any of which .constitutes a fire hazard or any of which endangers or may injure neighboring property or any of which endan- gers the health or is injurious to the welfare of the resi- dents in the vicinity of such property, lands, or lots, he shall give or cause to be given notice to remove such weeds, rubbish or other material in the manner hereinafter provided. Section 2. Such notice shall be giver_ by post- ing in a conspicuous place upon the property, land or lot upon which such weeds, rubbish or other material are growing or are accumulated, a notice headed "Notice to Clean Pre- mises" in letters not less than one inch in length, and which shall be in legible characters, directing the removal of the weeds, rubbish or other material, as the case may be, and referring to'this ordinance for further particulars, and by personal service of a notice similar in substance upon the owner, occupant or agent in charge of such pro- perty, land or lot. If personal service cannot be made, then a copy of said notice shall be wailed to said owner at his last }mown address. Section 3. Within ten (10) days from the date of either posting, serving or mailing such notice, the owner of, or any person interested in, the property, land or lot affected by such notice may appeal to the Board of Trustees of said city from the requirements thereof. Such appeal shall be in writing and shall be filed with the City Clerk of said city. At the next regular meeting of the said Board of Trustees,.it shall proceed to hear and pass upon such appeal and its decision thereon shall be final and conclu- sive. Section 4. Unless within ten (10) days from the date of posting, serving or mailing of the notice provided for in Section 2 hereof) or,in case of appeal to the Board of Trustees,within ten hO) days from the date of the deter- mination thereof (unless said appeal is sustained), the weeds, rubbish or other material, as the case may be, are removed from said property, land or lot as directed by said notice, the Captain of the Fire Department shall thereupon remove the same or cause the same to be removed. If upon appeal the requirements of the original notice are modified, the Captain of the Fire Department in removing such weeds, rubbish or other material,or in causing the same to be removed, shall be governed by the determination of the.Board of Trustees so made. - 1 - Section 5. The Captain of the Fire Department shall keep or cause to be kept in his office a permanent record book showing the description of each piece of pro- perty, lard or lot from which such weeds, rubbish or other material are removed under the provisions of this ordinance, the name of the owner thereof, if known, the date of post- ing, serving or mailing of notice herein provided for, the date of determination of the Board of Trustees and the ex- pense incurred in the removal of such weeds, rubbish or other material, including a charge of not to exceed fifty cents (50�) for each lot, piece or parcel cleaned as costs of posting,serving or mailing of said notice. On the first day of each and every calendar month, the Captain of the Fire Department shall transmit and deliver to the Tax Col- lector of said city bills for all work done under the pro- visions of this ordinance for the preceding month, showing the description of the property affected, the name of the owner if known and the expense of the work done for each piece or parcel of property affected., and the Tax Collector shall make collection of the amounts of said bills. Section 6. The Tax Collector shall provide a suitable record book entitled "Charges and Liens for Clean- ing Property", in which shall be entered the description of the respective parcels of property from which such weeds, rubbish or other material has been removed, the date of such removal, the charges therefor, a brief description of the work done, the name of the owner of the property, if known, (if such owner is unknown, the word "unknown" shall be substituted for the name of the owner), the date of pay- ment of said. charges, the penalty for delinquency in payment thereof, the total amount chargeable against each piece of property at date of sale thereof, if sold; the date of sale, name of purchaser, date of redemption, name of redemptioner and amount paid upon redemption. No error in the name of the property owner and no error in the description of the property shall affect the validity of the lien_ provided for in this ordinance, provided that the description is such that the property referred to may be identified therefrom. Section 1. All work done upon any parcel of pro- perty under the provisions of this ordinance shall be and constitute a lien against such parcel of property until the amount thereof as shown upon said record book entitled "Charges end Liens for Cleaning Property" together with delinquencies and penalties as herein provided, is paid in full or until a valid deed of the property subject thereto is given by the Tax Collector as hereinafter provided. Section 8. On the first day of September of each .year the Tax Collector shall compile a list of all liens and charges unpaid for the preceding fiscal year, and shall cause to be published by one publication_ in the official newspaper of said city said list of unpaid liens and charges. Prior to the publication of said delinquent list,the Tax Collector must add to the amount of assessment, plus penal- ties and costs previously accrued, an amount of not to ex- ceed fifty cents (504) on each lot, piece or parcel of land to cover the cost of the publication of said list. Said list shall contain the name of the owner of each parcel of pro- perty upon which there is due any lien or charge under this ordinance, or if the name of such owner does not appear in said book entitled "Charges and Liens for Clearing Property", - 2 - then the fact that said lien is entered against "Unknown Owner", a description_ of the property and the total amount necessary to satisfy such lien with a notice that,unless such lien is paid in full before twelve o'clock noon on the first IJtonday of the month next succeedin the month in which said list is published, ten per cent (10$ of the amount of such lien shall be added thereto for delinquency and that up- on the first Tuesday of the month next succeeding the month in which such list is published each parcel of property against which a lien remains unpaid, will, at the hour of ten o'clock A. M. at the office of the Tax Collector in the City of Azusa,by operation of law and the declaration of the Tax Collector,be sold to the City of Azusa for the amount of such lien and delinnuency penalty and costs. The Tax Collector shall also at least fifteen days before the sale provided for herein cause to be mailed a copy of said notice directed to the owner of each parcel of property to be sold, at his place of residence or business, if known. The Tax Collector shall enter in said record book the date of each of said sales, the amount for which sold, and that the same was sold to the City of Azusa. Any error in the name of the owner in said notice or record book shall not affect the validity of the assessment or lien. Section 9. A redemption of any parcel of property sold for delinquent lien hereunder mqy be made at any time within one (1) year from the date of sale, by paying to the City of Azusa the amount for which the property is sold, and in addition thereto, ten per cent (10%) thereof, if paid with- in six months from date of sale; fifteen per cent (15%) if paid within twelve months. When redemption is made, the Tax Collector shall note that fact in said book, entitled "Charges and Liens for Cleaning Property", in an appropriate column, entering therein the date of the redemption., the person by whom redeemed and the amount paid. At the expiration of twelve months from the date of sale, the Tax Collector shall execute a deed to the City of Azusa of the property sold in which shall be recited a description of the property sold and unredeemed, the name. of the owner thereof, as it appears in said book en- titled "Charges and Liens for Cleaning Property", a statement that such property was sold for delinquent lien for such work, the amount for which the property was sold, together with all penalties thereof, and the date of sale. Said deed shall con- vey absolute title to the property therein described and be prima facie evidence of all matters therein recited and the regularity of all proceedings prior to the execution thereof. Section 10. Proof of the publication, posting or serving or mailing of any notice, order or determination pro- vided for in this ordinance shall be made by the affidavit of the printer or the newspaper in which published, his foreman or principal clerk, or the person posting, serving or mailing the notice, order or determination annexed to a copy of order, notice or determination published, posted, served or mailed, as the case may be, and specifying the time when or at which the same was published, posted, mailed or served, as the case may be. Section 11. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in one regular issue in the "Pomotropic",•a week- ly newspaper of general circulation established, printed and 3 - published in the City of Azusa. I hereby certify that the foregoing ordinance was duly passed by the Board of Trustees of the City of Azusa at a regular meeting held Q-.�- r /� • 1926, by the following vote of the Board. NOES: ABSENT: City Clerk of the City of Azusa. Approved this /� day of if /f 2 ( /C i Pres d t of theoaB rd�orf Tru ees of the City of Azusa. - a -