HomeMy WebLinkAboutCC ORD 1994-2083 Amends Ch. 9.12, abatement of weeds and other fire hazards; repeals Ord. 1155, §§ 1 and 2 of Ord. 1291 and § 2 of Ord. 1358 (9.12)ORDINANCE NO. 94-2083
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING CHAPTER 9.12 OF THE MUNICIPAL CODE,
PERTAINING TO THE ABATEMENT OF WEEDS AND
OTHER FIRE HAZARDS
BE IT ORDAINED by the City Council of the City of National City as
follows:
Section 1. That Chapter 9.12 of the National City Municipal Code is
hereby amended to read as follows:
Chapter 9.12
ABATEMENT OF WEEDS AND OTHER FIRE HAZARDS
Sections:
9.12.010 Public Nuisance Declared --In General.
9.12.020 Public Nuisance Declared --Weeds and Other Flammable Materials.
9.12.030 Nuisance --Abatement.
9.12.040 Nuisance --Penalty.
9.12.010 Public Nuisance Declared --In General. Any of the following
conditions are hereby declared to constitute a public nuisance:
A. When the Fire Chief or his/her designee determines that there exists
in any building or on any premises combustible, hazardous or explosive materials or
dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes,
shavings or any highly flammable materials which are so situated as to endanger life or
property; or finds obstructions to or on fire escapes, stairs, passageways, doors or
windows that reasonably tend to interfere with the operations of the fire department or
the egress of the occupants of such building or premises; or finds that the effectiveness
of any exit door, attic separation or any fire separation wall is reduced; or finds that any
provision of the Uniform Fire Code is being violated.
B. When the Fire Chief or his/her desingee deems any chimney,
smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or
any appurtenance thereto, or anything regulated under a nationally recognized standard
in or upon any building, structure or premises not specifically mentioned in the Uniform
Fire Code, to be defective or unsafe so as to create a hazard.
Continued on Page Two
Ordinance No. 94.2083
Page 2 of 3
C. When the Fire Chief or his/her designee finds any condition which
in his/her judgment increases or may cause an increase of the hazard or menace of fire
to a greater degree than that customarily recognized as normal by persons in the public
service regularly engaged in preventing, suppressing or extinguishing fire or any thing
or act which may obstruct, delay, hinder or interfere with the operations of the fire
department or the egress of occupants in the event of fire.
9.12.020 Public Nuisance Declared --Weeds and Other Flammable
Materials. All weeds growing or located upon streets, sidewalks or private property are
hereby declared to be a public nuisance. For purposes of this Chapter, "weeds" shall
include the following:
A. Weeds which bear seeds of a downy or wingy nature.
B. 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.
C. Weeds which are otherwise noxious or dangerous.
D. Poison oak and poison ivy when the conditions of growth are such
as to constitute a menace to the public health.
E. Dry grass, stubble, brush, litter, or other flammable material which
endangers the public safety by creating a fire hazard in a portion of the City which has
been zoned for single and multiple residence purposes.
9.12.030 Abatement. If it is determined by the Fire Chief or his/her
designee that a public nuisance, as herein defined, exists on any lot or premises, or upon
any sidewalk, parking area or street adjacent to such lot or premises, an Abatement
Notice may be issued to the Responsible Person to abate the public nuisance in
accordance with Section 1.36.030 of this Code. Upon issuance of the Abatement Notice,
the procedures for abatement of public nuisances and recovery of costs therefor set forth
in Chapter 1.36 of this Code shall be followed.
9.12.140 Nuisance --Penalty. The owner, occupant, or agent of any lot or
premises within the City who permits or allows the existence of a public nuisance as
defined in this Chapter, upon any lot or premises owned, occupied, or controlled by said
person, or who violates any of the provisions of this Chapter, is guilty of a misdemeanor
and upon conviction thereof is punishable as prescribed by Section 1.20.010.
Continued on Page Three
Ordinance No. 94-2083
Page 3 of 3
Section 2. That Ordinance No. 1155, Sections 1 and 2 of Ordinance No.
1291, and Section 2 of Ordinance No. 1358, are hereby repealed.
PASSED and ADOPTED this 4th day of October , 1994.
George H. aters, Mayor
ATTEST:
l
Lo Anne Anne Peoples, Cit Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California,
on October.4,.1994 by the following vote, to -wit:
Ayes: Councilmen Dalla, Inzunza, Morrison, Zarate, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen ...None
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
City Clark of the City of National City,California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on September 20, 1994
and on Oc.tober.4, 1994
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO 94-2083of the City of National City, passed
and adopted by the Council of said City on October 4, 1994
(Seal)
City Clerk of the City of National City, California
By:
Deputy