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HomeMy WebLinkAboutCC ORD 1936-648 Weed abatement, repeals Ord. 616 (Repealed by 1366)64S ORDINANCE NO. 618 AN ORDINANCE REPEALTNO ORDINANCE NO. 616 OF THE ORDINANCES OF THE CITY OF NATIONAL CITY, CALIFORNIA. PASSED AND ADOPTED THE 17TH DAY OF MAY, 1932, EN- TITLED, "AN ORDINikNCE OE THE COUNCIL 01."FHE CITY OF NATIONAL CITY DF.CLAR• IN(; NOXIOUS OR DANGEROUS wEEns OR GRASS GROWING FPON THE STREETS OR SIDE- WALKS OR PARKING OR CI'ON PRIVATE PROPERTY WITHIN THE CITY OF NATIONAL CITY. '1'0 BE A PUBLIC NUISANCE, 1ND PROVIDING FOR THE RE- MOVAL OF GRASS, WEEDS OR OCHER OBSTRUCTIONS FROM THE SIDEWALKS, PARKINGS. OR STREETS OF THE CITY OF NATIONAL (71TY AND FOR THE REMOVAL FROM PROPERTY. LANDS Olt LOTS IN THE CITY OF NATIONAL CITY OF ALT. WEEDS, RUBBISH Olt OTHER MATERIALS WHI(711 MAY EN- DANGER OR INJURE NEIGH- BORING PROPERTY, OR THE HEALTH AND WF.I.FARE OF RESIDENTS Ob"l'HE VICINITY, AND CREATING A LIEN UPON SUCH PROPERTY AND PROVID- ING FOR THE ENFORCEMENT OF SUCH PROPERTY, LANDS Olt LOTS." AND PROVIDING FOR AND REQUIRING THE REMOVAL FROM SIDEWALKS, PROPERTY, LAND OR LOTS, OF WEEDS, NOXIOUS VEGETA- TION. DEAD TREES, RUBBISH OR ANY OTHER MATERIAL WHICH MAY ENDANGER OR INJURE NEIGHBORING PROP- ERTY, OR THE HEALTH OR WELFARE OF RESIDENTS OF THE VICINITY, OR 1VIIIC1T MAY PROVE A FIRE HAZARD TO THE SAID CITY. AND PRO- VIDING FOR THE ASSESSMENT AND COLLECTION OF WEED TAXES. The City Council of the City or National City do ordain as follows: Section I. That Ordinance No. (1( of the ordinances of the City of National City, California, passed and adopted May 17. 1932 and en- titled "An ordinance of the Coun- cil of the City of National City declaring noxious or dangerous weeds or grass growing upon the streets or sidewalks or parking or upon private property within the City of National City, to he a public nuisance, and providing for the removal of grass, weeds or other obstructions from the side- walks, parkings, or streets of the City of National City and for the removal from property, lands, or lots in the City of National City of all weeds, rubbish or other ma- terials which may endanger or injure neighboring property, or the health and welfare of residents of the vicinity, and creating a lien upon such property and providing for the enforcement of such prop- erty, lands or lots," be and the same is hereby repealed. Section 2. Whenever the Fire Marshal of the City of National City shall find weeds, rubbish or any other material upon any prop- erty, lands or lot located in the City of National City, State of California which may endanger or injure- neighboring property, or the health or welfare of the residents of the vicinity, or which shall be deemed a fire hazard, he shall give, or cause to be given, notice to re- move such weeds, rubbish or other material in the manner hereinafter provided. Section 3. Sin+ notice shall 11, g:ven by posting- in a conspicuous place upon the p.onerty, land or lot located in the City of National City, Stste of California upon which, or upon the street, park- ing nr sidewalk in front of which such weeds. rubbish or other material may be., a notice headed: "NOTICE TO CLE.AN PRE:d- i:3LS" in letters lot less than one (1) inch in length, and which shad n legible characters direct the ve- moval of the weeds, rubbish or oth- •r material, as the case may be, and refer to this Ordinance for ftnther paeticulars. Personal sery • ice of a notice similar in substance upon the owner, occupant or :igen! 11 cleerge of such property, land or lot, shall dispense with the posting s,f the notice herein provided for. Section 1. Within five (5) days :rum the date of posting of such notice, or in case of personal sery jet, of notice, within five (5) days from the date of such personal service thereof, the owner of, or any person interested in the prop erty, land or lot affected by, or the street, parking. or sidewalk in front of which is affected by such no• Liee, may appeal to the Coun- cil of the City of National City !rum the requirements thereof. Such appeal shall he in writing and shall be filed with the City Clerk. At the next regular meeting of the said City Council, it shall proceed to hear and pass upon such appeal, and the decisions of the City Coum cil thereupon shall be final and conclusive. Section 5. It shall he the duty of the owner, the agent of the owner andior of the person in possession of any lot in the City of National City, State of California, within ten (10) days from the date of posting or the notice provided for in Sec- tion 2 and Section 3 hereof, or in ease a personal notice is given, within ten (10) days from the date of such personal service thereof, or in ease of an appeal to the City Council of the, City of National City, within ten (10) days from the determination thereof, unless the same is sustained, to clean and remove therefrom, and from the sidewalk or parking in front of such property, all noxious weeds or vegetation (except such as are cul- tivated and grown by said owner, agent or person in possession of said property for ornamental par poses, or for food for man or beast, or for fuel), and all dead trees, tin cans, refuse and waste material of all kinds which may endanger or injure neighboring property, or be detrimental to the health and welfare of the residents of the vi- cinity, or such rubbish, weeds, nox- ious vegetation or any other ma- terial as may he deemed a fire hazard, and as such endanger said City, and the removal of all such noxious weeds and vegetation, or other materials of all kinds here- inabove specified, shall be com- pleted within ten (10) days after receiving such notice, as herein - above provided for in Sections 2 and 3 of this Ordinance, or in case of appeal to the City Council, within ten (10) days after the de- termination thereof, unless the same shall be sustained. Section 6. If such owner, agent or person in possession of such property,fails to move said articles, material or noxious weeds or veg- etation from said property within the time specified in this Ordinance for the removal of the same, it shall be the duty of the Superinten- dent of StreetR to remove said art:C.c.s, rubbish, noN.iorzs weeds or vegetation or other material there from and to determine the charge to be made therefor and assess the same upon each lot or subdivision of land separately, which asF,o;,:• merit shall include the cost of re- moval and of colleet:ng therefor, together with twenty -live (25S.- ) per cent. thereon, to be added thereto to cover interest on the cost thereof and incidental ex- penses. The said determination of said Superintendent of Streets as to the amount so assessed shall be final and conclusive with right of appeal to the City Council. Section 7. The Superintendent of Streets shall determine the charge to be made therefor, and assess the sarne nnon each lot or subdivision of land separately, which assessment shall include the cost of such reMoval and of col lecting therefor, together with twenty-five (25Y, ) per cent. there- on, to be added thereto, to cover interest on the cost thereof, and incidental expenses; such assess- ment; or tax shall he entered by the City Clerk upon the said tax assessment rolls upon affidavit of the Superintendent of Streets as to such amount, and the said tax shall he collected by the City Tax Collector, collected in a manner and form provided for on the roll.; of other said taxes. Section 8. Tf, upon appeal, the requirements of the original no:lee are modified, nr the amount iio as- sessed Ly the Superintendent of Streets is modified, the Superin- tendent of Streets in remov:ng, or causing to he removed, such weeds, rubbish, or other material, or mak- ing such assessment, as herein - above provided for, he F. hall he governed hy the determination of the said City Council so made. Section 9. That all ordinances and parts of ordinances of the said City of National City in conflict. herewith are hereby repealed. Section 10. If any Fection, sub- section, clause or phrase bc held unconstitutional, the City Connell affirms that it, would have passed each and every section, subsection, clause or phrase separately from the other section, subsections, clauses and/or phrases. Section IL This ordinance shall take effect and be in force after the 31st day after its final passap:o and approval. PASSED AND ADOPTED 1,y the City Council of the City of Na- tional City, California, this 15th day of Sept., 1936, by the follow- ing a.ote, to -wit: AYES: Councilmen Cordingly, Kilcrea:se, Thateher, Warner, Bird. NAYS: None. ABSENT: None. D. W. BIRD, Mayor of the City of National City, California. ATTEST: DALE SMITII, City Clerk. T hereby approve the fo.c.going Ordinance this 15th day of Sept., 1936. D. W. BIRD, Mayor of the City of National City, California. hereby certify that, the above and foregoing is a full and true copy of Ordinance No. 648 of the Ordinances of the City of National City, California, as, adopted by the City Council of said City, and ap- proved by the .Mayor of said City, n the 15th day of September, 1936. DALE, SMITH, City Clerk of the City of National City, California.