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Home My WebLink AboutCC ORD 1974-1425 Adds W. to § 10 of Ord 962, zoning (Repealed by 1503)} P-cd1 G(", b 1425 ORDINANCE NO. 1425 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING NATIONAL ND MAINTENANCE DINANCE NO. REGULATIONS962, TO (PRI (PRIVATEOVIDE PROPERTY)tDSCAPING WHEREAS. pursuant to the terms and provisions of the Government Code ot California, proceedings were duly ini- tiated for the amendment of the National City Zoning Ordinance No. 962, and WHEREAS, pursuant to due and legal notice, hearings were held by the City Planning Commission of said City and also by the City Council of said City, and persons interested were given an opportunity to appear and be heard before said Planning Commission and said City Council, and WHEREAS, the City Planning Com- mission of National City has regularly and duly certified to the City Council its report and has recommended such amendment, and WHEREAS, the City Council has ap- proved the recommendation of the City Planning Commission; NOW, THEREFORE, THE CI 1 Y COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES ORDAIN, FIND AND DETERMINE AS FOLLOWS: SECTION 1. All protests, if any, against said amendment to Ordinance No. 962 and each of them be and hereby are denied and overruled. SECTION 2. Properly installed and maintained landscaping on private property is necessary for health, wel- fare, and safety of the people of the people of National City. SECTION 3. That Section 10 of Or- dinance No. 962 be amended by adding a new paragraph Y, to read as follows: Y. Landscaping and Maintenance Regulations 1. Applicability The provisions of this paragraph shall apply to all properties in National City, excepting therefrom properties used for single family and two family residences. 2. Definitions a. Landscaping: The use of architectural and horticultural materials to pro- vide control of erosion, dust, weeds, and accumulation of litter in a manner complementary to the purpose of adding natural environmental quality to a premises. Landscaping includes trees, shrubs, ground covers and other planting materials, other than weeds, providing shade, visual screening, aesthetic en- hancement, soil conservation, and the removal or reduction ot fire hazards, removal or reduc- tion of harborages of rodents, removal or reduction of vermin and removal or reduction of disease bearing creatures. b. Maintenance (of Landscap- ing) : Landscaping maintenance in- cludes sufficient irrigation, fer- tilization, pruning, trimming, and training and all other rea- sonable acts necessary to keep plants in a healthy vigorous condition. Maintenance also in- cludes removal of weeds, dead materials, and accumulated lit- ter, rubble or other foreign sub- stances; and re -seeding, and replacement of dead plants and planting where necessary to re- store a landscaped area to the level of "coverage" required of a new installation. c. Director: The National City Director of Parks and Recreation. 3. Design Specifications All landscaping shall be in- stalled end maintained in accord- ance with "Guidelines" for On -site Landscaping" as hereinafter adopted by the National City Planning Commission. 4. Permits and Inspections Where on -site landscaping is required by city regulations, as part of a project for which a building permit is also required, all landscaping work shall be in- cluded in such permit. Such land- scaping shall be inspected by the Department of Building and Hous- ing for compliance herewith. The National City Fire Depart- ment shall annually inspect all properties for adequacy of land- scaping maintenance as a part of its annual "weed abatement" pro- gram. Conditions of inadequate landscape maintenance that can- not be abated pursuant to the "weed abatement" provision of California Health and Safety Code, which nonetheless constitute un- sightly or otherwise detrimental conditions, shall be reported to the zoning enforcement authority for enforcement hereunder. 5. Landscaping Required Notwithstanding the provisions of the zoning laws requiring on - site landscaping, all other buildings erected hereafter shall have the surrounding courts and yard areas, that are otherwise unimproved, landscaped, in accordance with subsection 3 of this paragraph. 6. Maintenance Required It shall be the responsibility of each property owner to adequately maintain the landscaping of pri- vate property. All landscaping shall be properly maintained. Trees lo- cated within public street parkways will he pruned and trimmed by City forces and not by private property owners. 7. Planting Maintenance and Re- moval of Street Trees on Private Property The City may plant, maintain, and remove designated trees on private properties adjacent to street rights -of -way where ade- quate rights of entry, as deter- mined by the City are in effect and written permission has been granted by the property owner re- lieving the City of liability. 8. Enforcement Failure to comply with these "on -site" landscaping and main- tenance requirements shall consti- tute violation of the zoning laws of this City and shall be a mis- demeanor. Enforcement proceedings shall be the same as any other zoning violation case. 9. Abatement of Nonconforming Uses All properties as provided for herein, now landscaped, which are inadequately maintained shall be brought into compliance with this ordinance within six months of the date of adoption hereof, provided not less than 30 days notice, in writing, shall be given to the owner and occupant of such premises to comply. All properties as provided for herein, not now landscaped, shall be landscaped whenever a building permit for structures valued $16,000.00 or more is issued for the site. All other properties, or portions of properties, not landscaped shall be kept free of rubbish, litter, debris, unused merchandise, unused building materials, machinery or vehicular paraphernalia not essen- tial to the occupancy of the premises. This paragraph is not intended to repeal any provision of any Municipal Ordinance. 10. Certain Trees a Public Nuisance Any tree, shrub or plant (located on private property infested with a disease or insects, which in the opinion of the Director is infectious and may spread such diseases or insects to other trees or shrubs in the City, shall constitute a public nuisance. The Director shall give written notice to the property owner directing that such public nuisance be removed or abated within seven days. If such public nuisance is not abated or removed within seven days after notice is served, the Director is hereby granted authority to direct em- ployees to enter said property and spray, trim, prune, treat or remove all or any part of the tree or shrub determined to be infestedl or to otherwise abate or cause to be abated such public nuisance. Any tree or shrub, growing or standing on private property in such a manner that any portion thereof interferes with utility poles, lines, wires or electr lawfully erected, construute maintained along any public st sidewalks, or intersections thereof to any person or persons lawfully using the same, or any such tree which has become diseased or weakened in such a manner as be dangerous to persons Iaw,td'lly using the streets or sidewalks,( shall constitute a public nuisance. Director shall cause notice to be served upon such property owner directing that such public nuisance be abated or removed within seven days after said notice is served. The Director is authorized to abate or cause to be abated such public nuisance by trimming, pruning, cutting or removing all or such portion of such tree, shrub or plant as may be necessary to eliminate such interference, ob- struction or condition. Whenever it is necessary for the Director to direct the use of City employees to abate, remove, or cause to be abated or removed, public nuisances as contained in this Section, he shall determine the cost of the work performed by City employees and bill the prop- erty owner the cost of the work performed. PASSED AND ADOPTED THIS 14th day of May, 1974. S/KILE MORGAN Mayor ATTEST: S/(ONE MINOGUE CCAMPBELL Clerk Passed and adopted by the Council of the City of National City, California, on May 14, 1974 by the following vote, to -wit: Ayes: Councilmen Camacho, Dalla, Pinson, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen Reid AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California S/(ONE MINOGUE CAMPBELL City Clerk of the City of National City, California I HEREBY CERTIFY that the fore- going ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on May 7, 1974 and on May 14, 1974. I FURTHER CERTIFY THAT said or- dinance 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 ma- jority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the days 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 c p ' of ORDINANCE NO. 1425 of the C of National City, passed and adop he Council of s.: y on S/IONE MINGUE CAM L City CI:f of the ty of Nation.I City, California I HEREBY CERTIFY that the been duly published according (Seal) City CIk of the y of Nation: City, Cal fornia