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HomeMy WebLinkAboutOrdinance 061 a i ORDINANCE NO. 61 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING 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 of Atascadero ordains as follows: Section 1. Chapter 13 of Title 6 is added to the Atascadero Munici- pal 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 notice to remove such weeds, rubbish, or other material which may constitute a fire hazard in the manner hereinafter provided 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) "Debris" shall mean waste matter, litter , trash, refuse , rub- bish, dirt, dry grass, dead trees, tin 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 wel- fare, 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 City or his ' authorized representative (e) "Property" shall mean and include lands and/or lots. (f) "Street" includes public streets, alleys, parkways, sidewalks, and areas between sidewalks and curbs. (g) "Weeds" 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; 1 Ordinance No. 61 Page Two (3) Weeds which are otherwise noxious or dangerous; ' (4) Poison oak and poison ivy 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 39561-39565 of the Government Code, that all weeds that are, or may become a fire hazard upon or in front of private property to the center line 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. Destruction by burning within the City shall be unlawful un- less the written permission of the Fire Chief is first obtained. ' 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 t property all weeds and debris in accordance with the provisions of this part, it shall be the duty of the Fire Chief or his authorized representatives to notify such person or .persons to remove the same. Such notice to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council may di- rect the City Clerk, in accordance with Section 39567 .1 of the Govern- ment 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 Coun- cil. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mail- ing such notice. Such notice shall be mailed at least fourteen (14) days prior to the time fixed for hearing objections by the City Council. -2- ' Ordinance No. 61 Page Three 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 Notice is hereby given that on the day of 19 , ' the City Council passed a resolution declaring that noxious or dan- gerous 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 par- ticularly 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 par- ticulars. 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 . Hearing of Objections At the time stated in the notices, the Council shall hear and consider all objections to the proposed removal of weeds, rubbish, ' debris, and similar material. At the conclusion of the hearing, the Council shall allow or ' overrule any objections. At that time, the City acquires jurisdic- tion 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 dis- posed of those made, it shall order the Fire Chief to abate the nuisance. -3- Ordinance No. 61 Page Four ' 6-13.08. Destruction and Removal of Weeds and Debris by City In the event the person or persons owning, occupying, renting managing, or controlling real property in the City shall fail to re- move or destroy weeds and debris in accordance with provisions of this ordinance within ten (10) calendar days after the hearing of objections and 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 debris, 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 interfer, hinder, or refuse to allow them to enter upon private property for such purpose and to destroy or remove weeds and ' debris 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 debris, or have the same destroyed or removed at his own expense, ' at any time prior to the arrival of the Fire Chief or 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 or in front of 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 meet 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 confirma- tion. The posting shall be for at least five (5) calendar days prior to the submission to the Council. 6-13.11. Hearing of Report; Modification; Confirmation of Report 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 consti- tute a lein 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 Au- 0 Ordinance No. 61 ' Page Five ' ditor on or before August 10th of each year for entry of such asses- ments on the County Tax roll. In the event that 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 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 pub- lished once within fifteen (15) days after its passage in the Atasca- dero News, a newspaper of general circulation, printed, published and ' circulated in this City in accordance with Section 36933 of the Gov- ernment 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. Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after ' passage. The foregoing ordinance was introduced on April 11, 1983 and adopted on April 25, 1983 by the following vote: AYES: Councilmen Mackey, Stover, Wilkins and Mayor Nelson ' NOES: None ABSENT: Councilman Molina 4k NeLl ' ROLFE NEL ON, Mayor ' ATTEST: A• , Deputy City Clerk- ' APPROVED AS TO FORM: APPROVED AS TO CONTENT: ' ALLEN GRIMES, City Attorney WT Y L. ARDEN, City Manager t CERTIFICATION I, PATSY A. HESTER, Deputy City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 61 ' adopted by the Atascadero City Council at a regular meeting thereof held on April 25, 1983 ' Dated: April 27, 1983 ' PATSY Al HESTER, Deputy GiIty Clerk City o Atascadero, California