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HomeMy WebLinkAboutCC ORD 1967-1155ORDINANCE ND. 1155 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIF- ORNIA, DECLARING DRY WEEDS, DEAD SHRUBS AND DEAD TREES, AND CERTAIN WASTE MATTER TO BE A PUBLIC NUISANCE, AND PROVIDING FOR THE ABATEMENT AND REMOVAL THEREOF. The City Council of the City of National City does ordain as follows: Section 1: (a) All weeds, dry grasses, dead shrubs, dead trees, rubbish, or any material growing upon the streets, sidewalks, or upon private property within the City of National City, which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth and location constitute a fire haz- ard to any building, improvements, crops or other property, and weeds and grasses which, when dry, will in reasonable probabil- ity constitute such a fire hazard, are hereby declared to be a public nuisance. ) Cultivated and useful grasses and pastures shall not be declared a public nuisance. However, if the Fire Chief or his authorized representative shall determine it necessary to protect adjacent improved property from fire exposure, an adequate fire -break may be required. Section 2: Waste matter as hereinafter defined, which by reason of its location and character is unsightly and inter- feres with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, or the abatement of a nuisance as defined by Section 1, is hereby declared a public nuisance. Section 3: Waste matter is defined for the purpose of this ordinance as unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists (without limitation or exclusion by enumeration) of such matter and material as: (a) Rubble, asphalt, concrete, plaster, tile; (b) Rubbish, crates, cartons, metal and glass containers; (c) Vehicle bodies and parts. Section 4: If it is determined that a public nuisance, as herein defined, exists on any lot or premise, or upon any sidewalk, parking or street adjacent to such lot or premise, the Chief of the Fire Department shall cause a notice to be issued to abate such nuisance. Such notice shall be headed: "NOTICE TO CLEAN PREMISES" in letters not less than one inch (1") in length and which shall,"in legible characters, direct the abatement of the nuisance and refer to this ordinance for particulars. Notices served by means other than posting as provided by this ordinance shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance. Section 5: The notice required by Section 4 of this ordinance may be served in any of the following manners: (a) By personal service on the owner, occupant or per- son in charge or control of the property. (b) By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known. (c) By posting at a conspicuous place on the land or abutting public right of way and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the City of National City. Said news- paper advertisement shall be a general notice that property in the City of National City has been posted in accordance with this ordinance and contain a general statement of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this ordinance. Section 6: Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premise'af- fected may appeal to the City Council of National City. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than five (5) days nor more than twenty (20) days thereafter, it shall proceed to hear and pass upon such appeal, and the decision of the City Council thereupon shall be final and conclusive. Section 7: It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premise in the City of National City within ten (10) days from the date of notification as provided herein, or in case of an appeal to the City Council, within ten (10) days from the deter- mination thereof, unless the same is sustained, to remove the nuisance as stated. Section 8: If the owner fails or neglects to remove the nuisance as herein defined, within the time specified in this ordinance, the Chief of the Fire Department shall cause such nuisance to be abated. The abatement work may be done by City crews or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Section 9: The City Clerk shall thereupon set the re- port and account for hearing by the City Council at the first regular or adjourned meeting which will be held at least seven (7) calendar days after the date of filing, and shall post a copy of said report and account and notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the National City City Hall. Section 10: The City Council shall consider the re- port and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall either approve the report and account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respect- ive lots or premises, and the City Council shall adopt a resolution assessing said amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs, and waste matter constitute a public nuisance. Section 11: The City Clerk shall prepare and file with the County Auditor of the County of San Diego a certified copy of the said resolution of the City Council. Section 12: The City Treasurer of the City of National City may accept payment of any amount due at any time prior to the City Council hearing, as called for in Section 9 of this ordinance. Section 13: The provisions of Section 39580 to 39585, inclusive, of the Government Code are incorporated by reference and made a part of this ordinance. The County Auditor shall enter each assessment in the County Tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and if delinquent the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes. Section 14: The owner, occupant, or agent of any lot or premises within the City of National City who shall permit or allow the existence of a public nuisance as defined in this ordinance, upon any lot or premises owned, occupied, or eontria- led by him, or who shall violate any of the provisions of this ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than Five Hund- red Dollars ($500.00), or to imprisonment for a period not ex- ceeding six (6) months, •or both such fine and imprisonment. PASSED AND ADOPTED by the City Council of the City of National City, California, this....14th day of Febxuary , 19 67 , by the following vote, to -wit: AYES: Councilmen Colburn, Harris, Hogue, Reid, Morgan NAYS: Councilmen Mule ABSENT: _Non.e. Mayor of the Cit 'of National City, California I hereby approve the foregoingibuoLudina O'rdi }this1th day of. .__ ebxuargt , 19. ?Z.... Mayor of the City ofGFGationa`I City, California 1 herebycertifythat the above and foregoing is a full and true copyof Resolution 1 No g g Ordinance J of the Resolutions of the City of National City, California, as adopted by the City Council of said Ordinances City, and approved by the Mayor of said City, on the day of , 19 City Clerk of the City of National City, California. Deputy