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HomeMy WebLinkAboutOrdinance No. 1074 ORDINANCE NO. 107+ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 8.50 TO TITLE 8 OF THE AZUSA MUNICIPAL CODE, RELATING TO THE CONTROL AND ABATEMENT OF WEEDS AND RUBBISH ON PUBLIC AND PRIVATE PROPERTY. The City Council of the City of Azusa does ordain as follows : SECTION 1. Chapter 8.50 is hereby added to Title 8 of the Azusa Municipal Code to read: "CHAPTER 8.50 WEED AND RUBBISH CONTROL 8.50.010. WEEDS DEFINED. "Weeds" as used in this Chapter means those items defined as weeds in Section 39561.5 of the Government Code . 8.50.020. OWNERS DUTY. It shall be the duty of the owner, his agent, his lessee and of the person in possession of private real property, whether improved or unimproved, in the City, to keep the same, together with the public right-of-way, if any, abutting or adjoining such property free from weeds, rubbish, refuse and waste materials of all kinds which may endanger or injure neighboring property, or the health, safety or welfare of the residents in the vicinity of such property. 8.50.030. WEEDS ON PUBLIC PROPERTY DECLARED A NUISANCE. All weeds and other obstructions on sidewalks, parking areas and streets, constitute a nuisance, dangerous and injurious to the neighboring property and to the health and welfare of the residents of the City. 8.50.040. WEEDS ON PRIVATE PROPERTY DECLARED A NUISANCE. All weeds and rubbish on private property constitute a nuisance, dangerous and injurious to neighboring property and to the health and welfare of the residents of the City. 8.50.050. NOTICE TO PROPERTY OWNER. Whenever a nuisance, as described in the preceding Sections is found to exist within the City, that fact shall be communicated by the Street Superintendent or his deputies, in writing, to the owner of the property abutting the public street or sidewalk whereon such nuisance exists, or to the owner of the private property whereon such nuisance exists . 8.50.060. FORM OF NOTICE. The notice provided for in Section 8.50.050 shall be in the following form: NOTICE IS HEREBY GIVEN that a nuisance exists because of the presence of weeds and/or rubbish upon or in front of, the property located at City of Azusa, California, and more particularly described in the schedule attached hereto (legal description) and that they constitute a public nuisance which must be abated by the removal of such weeds and/or rubbish, within days of the date of this notice . Otherwise, it will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse and dirt are removed and will constitute a lien upon such land until paid. All property owners having any objection to the proposed removal of the weeds, rubbish, refuse and dirt are hereby notified that they may demand a public hearing before the City Council of the City of Azusa by giving written demand therefor to the City Clerk of the City of Azusa within ten (10) days of the date of this notice . Failure to make demand for such hearing shall be deemed a waiver thereof and a consent that the City may proceed to cause the removal of such nuisance. Dated this . . , .. . . day of . . ,„.,, , 19„ . . . City Clerk City of Azusa 8.50.070. MAILING OF NOTICE. The notice provided for in Section 8.50.060 shall be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date that the notice is given. 8.50.080. ABATEMENT. In lieu of abatement by day labor, abatement of the nuisance may, in the discretion of the City Council, be performed by contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. In such event, the contractor shall keep an account and submit an itemized written report for each separate parcel of land whereon work is performed. -2- 8.50.090. PREVENTIVE ABATEMENT. Whenever nuisances are found to be seasonal and recurrent, on specified parcels of property, the Street Superintendent shall notify the property owner in writing that the efficient and economical control of such seasonal and recurrent nuisances requires preventative chemical control of such weeds, weed seeds and weed seedlings . In the event the City is once required to abate such nuisance, the City may, in addition, before and during the next following germinating season of such weeds, provide for the preventive abatement of such nuisance by using chemical control of such weeds . 8.50.100. HEARING. If any property owner demands a hearing before the City Council pursuant to the provisions of this Chapter, the same shall be held within two (2) weeks after demand is made therefor, at which time the City Council shall consider any evidence offered by the property owner as to whether or not a nuisance, in fact, exists . If the City Council determines that no nuisance exists, the City shall take no further action with respect to the subject property. If the City Council determines that a nuisance exists, the Council shall order that the nuisance be abated by the owner within a reasonable period of time or that the City cause such abatement and assess the charge therefor against the real property. 8.50.110. NOTICE OF HEARING. The City Council shall give written notice of the time and place when a hearing is to be held, pursuant to Section 8.50.100, to the property owner who has made a demand therefor, at least five (5 ) days in advance of such hearing. Notice may be given by personal service or by depositing the same in the United States mail, postage prepaid. Such hearing may be continued from time to time, without further notice . 8.50.120. ABATEMENT BY OWNER. Before the Street Superintendent commences to abate the nuisance, the landowner may accomplish such abatement at his own expense . 8.50.130. RIGHT TO ENTER. Street Superintendent or the contractor engaged by the City may enter upon private property to abate the nuisance . -3- 8.50.140. COST OF ABATEMENT. The Street Superintendent shall keep an account of the cost of abatement in front or on each separate parcel of land '.:here work is done by the City or by a contractor engaged by the City. He shall submit the same to the City Council for confirmation. 8.50.150. POSTING OF COST. A copy of the schedule showing the cost of the abatement as required by Section 8.50.140 shall be posted at least three days prior to the submission to the City Council on or near the Council Chambers with notice of the date it will be submitted to the Council. 8.50.160. REPORT TO COUNCIL. At the time fixed for receiveing the schedule of account of the cost of abating the nuisance, the Council shall hear it and any objections to its submission and approval. . The Council may confirm, accept, modify or reject the schedule of account as it deems fair and necessary. Acceptance or modification shall be made by resolution. 8.50.170. COST AS ASSESSMENT AND LIEN. The cost of abatement in front of or on each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel and shall remain a lien until paid. 8.50.180. COST ACCOUNT FILED WITH COUNTY AUDITOR. A certified copy of the resolution confirming all or part of the cost of abatement as set forth in the schedule of account shall be filed with the County Auditor. The description of the parce7,sreported shall be those used for the same parcels on the County Assessor ' s map book for the current year. 8.50.190. APPLICATION OF STATE LAWS. State laws relating to the levy, collection and enforcement of county taxes apply to such special assessments, as are provided for in this chapter . 8.50.200. COLLECTION OF ASSESSMENT. The amount of assessment shall be collected at the time and in the manner as the ordinary municipal taxes . If delinquent, the amount is subject to the same penalties and procedures of foreclosures and sale, as are provided for ordinary municipal taxes . -4- , 8.50.210. ALTERNATE COLLECTION OF ASSESSMENT. The legislative body may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessments of fifty dollars (350) or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legis- lative body, not to exceed 6 percent per annum. SECTION 2. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law . Passed and approved thisth day of March , 1974. M4For STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, DEAN KLARR, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 1074 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of February , 1974. That, there- after, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 4th day of March , 1974, by the following vote, to wit : AYES : Councilmen: Rubio, Decker, Snyder, Clark, Solem NOES : Councilmen: None ABSENT: Councilmen: None City Cl-rk I do further certify that I caused said ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 14th day of March , 1974, and that the same was published in accordance with law. City C1 rk Publish Azusa Herald, March 14, 1974 -5-