HomeMy WebLinkAboutOrdinance 304 CERTIFICATION
I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify
that the foregoing is the true and correct original of Ordinance No. 304 adopted
by the Atascadero City Council at a regular meeting thereof held on April 23,
1996 and that it has been duly published pursuant to State Law.
DATED: )J I!��/1 Y � - -1-9-2
Marcia M. Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 304
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING CHAPTER 13 TO TITLE 6 OF THE ATASCADERO MUNICIPAL
CODE RELATING TO THE REMOVAL OF WEEDS,RUBBISH,AND SIMILAR
MATERIALS
The Council of the City ofAtascadero ordains asfollows:
Section 1. Chapter 13 of Title 6 is added to the Atascadero Municipal Code to
read as follows:
6-13.01. Chapter 13. Removal of Weeds, Rubbish, and Similar Materials.
Whenever the Fire Chief or his authorized representatives shall find weeds,
rubbish, , or similar material upon any property, lands, or lots in the City, which in
his opinion is or may become a fire hazard , he shall cause to
be given to the owner of said property a nonce to remove suc wee s, rubbish, , or
other material which may constitute a fire hazard in the manner hereinafter proMi a in
this part.
6-13.02. Definitions
The following words and phrases, when used in this part, shall be defined as
follows unless otherwise indicated:
(a) "Council" shall mean the City Council of the City.
(b) "Dehris" " shall mean waste matter, MiTg
litter, trash, ase, debris, rubbis , rass, ea
trees, in cans, paper, waste material of every kind, or other unsanitary
substance, object, or condition which is, or when dry may become, a fire
hazard, or which is or may become a menace to health, safety, or welfare,
or which is offensive to the senses.
(c) "City" shall mean the City of Atascadero.
(d) "Fire Chief' shall mean the Fire Chief of the Q:15, ^M his a authorized
representative
(e) "Property" sh meananinc ude lands, ate lots,
(f) "Street" includes public streets, alleys,parkways,
sidewalks, and areas between sidewalks and curbs.
(g) "Weds" shall mean any of the following:
(1) Weeds which, when mature,bear seeds of a downy
or wingy nature;
(2) Sagebrush, chaparral, and any other brush or weeds which attain
such large growth as to become, when dry, a fire menace to
adjacent improved property;
Ordinance No. 304
Page 2
(3) Weeds which are otherwise noxious or dangerous;
(4) Poison oak and poison ivy of which the conditions are such as to
constitute a menace to public health; and
(5) Dry grass, stubble, brush, litter, or other flammable material which
endangers the public safety by creating a fire hazard.
6-13.03. Weeds and Debris a Public Nuisance
The City Council may declare, by resolution in accordance with Sections 39561-
30465 of the Government Code, that all weeds"center
that are, or may become,
a flee hazar upon or in front of private property to thme of adjoining streets in
the City, are public nuisances.
Also, it shall be unlawful for any property owner in the City to cause or permit
any , combustible,debris, or similar material to be or remain on any real property in
the city or on portions of streets adjoining such real property to the center line of such
streets. It shall be the duty of every such person to remove and destroy such weeds
and/or debris. Pest-s,,.*;,,,, by i.,,,., ing,,, hin the City s ,tt be, „lav fu , ffto-ss 0-he, 4#--off
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6-13.04 Notice to Destroy or Remove Weeds and Debris
In the event the person or persons owning, occupying, renting, managing, or
controlling any real property in the City shall fail to remove therefrom and from the
portions of streets adjoining such property all weeds and demosin accordance with
the provisions of this part, it shall be the duty of the Fire Rot or his authorized
representatives to notify such person or persons to remove the same. te be
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Betio s ""'t be head ke City Council may direct the City Clerk, in
accordance with Section 39567.1 of the overnment Code, to mail written notice of the
proposed abatement to all persons owning property described in the resolution. The City
Clerk shall cause such written notice to be mailed to each person to whom such described
property is assessed in the last equalized assessment roll available on the date the
resolution was adopted by the City Council. The address of the owners shown on the
assessment roll shall be conclusively deemed to be the proper address for the purpose of
mailing such notice. Such notice shall be mailed at least fourteen (14) days prior to the
time fixed for hearing objections by the City Council.
6-13.05 Form of Notice
The Notice shall be substantially in the following form:
NOTICE TO DESTROY WEEDS AND REMOVE
RUBBISH,REFUSE,AND DIRT
Ordinance No. 304
Page 3
Notice is hereby given on the day of 19 , the City
Council passed a resolution declaring that noxious or dangerous weeds were growing
upon or in front of the property on this street, and that rubbish, refuse, and dirt were
upon or in front of property on this street, in the City of Atascadero, and more
partic arly described in the resolution, and that they constitute a public nuisance
which must be abated by the removal of the weeds, rubbish, refuse, and dirt.
Otherwise they 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. Reference is
hereby made to the resolution for further particulars. A copy of said resolution is on
file in the office of the City Clerk.
All property owners having any objections to the proposed removal of the weeds,
rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of
the City of Atascadero to be held when their
objections will be heard and given due consideration.
Dated this day of 19
Fire Chief
City of Atascadero
6-13.06. Hearin of f Objections.
At the time stated in the notices, the council shall hear and consider all objections
to the proposed removal of weeds,rubbish, refuse, debris, and similar materials.
At the conclusion of the hearing, the Council shall allow or overrule any
objections. At that time, the City acquires jurisdiction to proceed and perform the work
of abatement. The decision of the Council is final.
6-13.07. Order to Abate Nuisance
If objections have not been made or after the Council has disposed of those made,
it shall order the Fire Chief to abate the nuisance.
6-13.08. Destruction and Removal of Weeds and Pebfis RM by City
In the event the person or persons owning, occupying, renting, managing, or
controlling real property in the City shall fail to remove or destroy weeds and dem
in accordance with provisions of this ordinance within ten (10) calendar days after
t e easing of objections an order to abate nuisance, it shall be the duty of the Fire Chief
and his deputies, assistants, employees, contracting agent, or other representatives to
destroy or remove such weeds and delis MU, and they, and each of them, are hereby
expressly authorized to enter upon private property for such purpose, and it shall be
unlawful for any person to interfere, hinder, or refuse to allow them to enter upon private
property for such purpose and to destroy or remove weeds and delis @W in
accordance with the provisions of this part. Any person owning, occupying, renting,
managing, leasing, or controlling real property in the City shall have the right to destroy
or remove weeds and delvis no, or have the same destroyed or removed at his own
Ordinance No. 304
Page 4
expense, at any time prior to the arrival of the Fire Chief his authorized representatives
for such purpose.
6-13.09. Account and Report of Cost of Abatement
The Fire Chief shall keep an account of the cost of abatement on in f*w# 4
each separate lot or parcel of land. He shall submit such itemized written report, showing
such cost, to the Council for confirmation. Such report shall refer to each separate lot or
parcel of land by description sufficiently reasonable to identify the same, together with
the expense proposed to be assessed against it, which shall include charges sufficient to
feed#M the administrative costs of the program.
6-13.10 Notice of Report and Hearing
The City Clerk shall post a copy of such report and assessment list on or near the
door of the Council meeting room,together with the notice of the filing thereof and of the
time and place when and where it will be submitted to the Council for hearing and
confirmation. The posting shall be for at least five (5) calendar days prior to the
submission of the Council.
6-13.11 Hearin of f Report, Modification, Confirmation of Repo
At the time and place fixed for receiving and considering the report, the Council
shall hear the same, together with any protests or objections of the property owners liable
to be assessed for the abatement. Upon the conclusion of such hearing, the Council shall
then confirm the report by motion and the amount thereof shall constitute a lien on the
property assessed until paid. The confirmation of the assessment by the Council shall be
final and conclusive.
6-13.12. Report to Assessor and Tax Collector, Filing Copy of Report with County
Auditor
A certified copy of the report shall be filed with the County Auditor on or before
August 10th of each year for entry of such assessments on the County tax roll. In the
event the report cannot be prepared in time for the County Auditor to enter the
assessment on the next immediate tax roll, the certified copy may be filed with the
County Auditor JJ1W before August 10th of the succeeding year.
6-13.13 Collection of Assessment,• Penalties and Procedures for Foreclosure
The amount of the assessment shall be collected at the time and in the manner of
ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and
procedure of foreclosure and sale provided for ordinary municipal taxes.
Section 2. The City Clerk shall cause this ordinance to be published once within
fifteen (15) days after its passage in the Atascadero News, a newspaper of general
circulation, printed, published, and circulated in this City in accordance with Section
36933 of the Government Code; shall certify the adoption of this ordinance; and shall
cause this ordinance and certification to be entered in the Book of Ordinances of this
City.
Ordinance No. 304
Page 5
Ordinance No. 304
Section 3. This ordinance shall go into effect and be in full force and effect at
12:01 a.m. on the 31 st day after its passage.
On motion by Councilmember Johnson and seconded by
Councilmember Carden , the foregoing Ordinance is approved by the following role call
vote:
AYES: Councilmembers Bewley, Carden,Johnson,Luna and Mayor Highland
NOES: None
ABSENT: None
ADOPTED: April 23, 1996
CITY OF ATASCADERO
By: GEO E P. HI AND, Mayor
ATT
LEE PMCE, City.Clerk
APPROVED AS TO FORM:
AR . MOD , City Attorney
PREPARED BY:
. � C
MICHAEL P. McCAIN,Fire Chief