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HomeMy WebLinkAbout39 - Weeds, Rubbish, Refuse and Dirt to be a Public NuisanceORDINANCE NO. 39 AN ORDINANCE OF THE CITY OF COSTA MESA DECLARING WEEDS, RUBBISH, REFUSE AND DIRT TO BE A PUBLIC NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF. The City Council of the City of Costa Mesa does hereby ordain as follows: Section 1. "WEEDS" DEFINED. "Weeds", as used in this ordinance, means all weeds growing upon streets, sidewalks and private property in the City and includes any of the following: (a) Weeds which when mature bear wingy or downy seeds. (b) Weeds which attain such a large growth as to become a fire menace when dry. (c) Weeds which are otherwise noxious or dangerous. Section 2. MANNER OF ABATEMENT. Weeds, rubbish, refuse and dirt may be declared a public nuisance and may be abated as provided in this ordinance. Section 3. AUTHORITY TO ADOPT: TENOR OF RESOLUTION. Whenever weeds are grow— ing upon any street, sidewalk, or on private property within the City, or whenever rubbish, refuse and dirt are upon parkways, sidewalks or private property within the City, the City Council, by resolution, may declare the weeds, rubbish, refuse and dirt a public nuisance. Section 4, IDENTIFICATION OF AREA AFFECTED GENERALLY. The resolution shall refer, by the name under which it is commonly known, to the street, highway, or road upon which the nuisance exists, upon which the sidewalks are located, or upon which the private property affected fronts or abuts or nearest to which the Private property is located. Section 5. SAME. WHEN AREA ABUTS ON MORE THAN ONE STREET, ETC. If the private property fronts or abuts upon more than one street, highway, or road, it is necessary to refer to only one of the streets, highways, or roads. section 6. DESCRIPTION OF PROPERTY. The resolution shall describe the proper- ty upon which, or in front of which the nuisance exists by describing the property in accordance with the map used in describing property for taxation purposes. No other description is necessary. Section 7. INCLUSION OF SEPERAL AREAS IN SINGLE RESOLUTION. Any number of streets, highways, roads or parcels of private property may be included in one resolution.. Section 8. PERSON AUTHORIZED TO GIVE NOTICE. The Superintendent of Streets of this City is hereby designated as the person to give notice to destroy weeds and remove rubbish, refuse and dirt. Until such time as the City has a Sularintendent of Streets, the City Manager is hereby designated, for the purpose of this ordinance, as the Superintendent of Streets. Section 9. NOTICE: HEADING. The notices to destroy weeds shall be headed "Notice to Destroy Weeds", and the notices to remove rubbish or refuse or dirt shall be headed "Notice to Remove Rubbish" or "Notice to Remove ?Refuse" or "Notice to Remove Dirt", all in words not less than one inch in height. Section 10. FORM OF NOTICE. (a) The notice to destroy weeds shall be substantially in the following form: NOTICE TO DESTROY WEEDS Notice is hereby given that on the day of 19 , the City Council of the City of Costa Mesa passed a resolution declaring that noxious or dangerous weeds were growing upon or in front -2- r.. of the property on or nearest to Street or Road, in said City, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds. Otherwise, they will be removed and the niiisance abated by the City and the cost of removal assessed upon the land from or in front of which such weeds are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk, All broperty owners having any objections to the proposed removal of such weeds are hereby notified to attend a meeting of the City Council of the City of Costa Mesa to be held , when their objections will be heard and given due consideration. Dated this day of , 19 . Superintendent of Streets (b) The notice to remove rulAsh, the notice to remove refuse, and the notice to remove dirt shall be substantially in the form set forth above, except that the word "rubbish", "refuse", or "dirt" shall be substituted for the word "weeds". Section 11, MANITEft OF POSTIM GENERALLY. The notices shall be conspicuously posted on or in front of the property on or in front of which the nuisance exists, or, if the property has no frontage upon any street, highway or road, then upon the portion of the property nearest to a street, highway or road most likely to give actual notice to the owner. posted: Section 12. SAME. NUMBER OF NOTICES TO BE POSTED. The notices shall be _3-- (a) One notice to each separately owned parcel of property of not over 50 feet frontage. (b) Not more than two notices to any such parcel of 100 feet frontage or less, (c) Not more than 100 feet apart if the frontage of such a parcel is greater than 100 feet. Section 13. MAILING OF POSTCARD NOTICES: GENERALLY. The notice shall be posted at least five days prior to the time for hearing objections, and postcard notices of hearing shall be mailed to owners who have filed with the City Clerk a written request for such postcard notice within one year prior to the date of mailing. Section 14. SAAB. ADDRESS AND `i'IME FOR MAILING. Postcard notices shall be mailed to owners at the address shown on the request for notice, and shall be mailed at least seven days prior to the date of hearing. Section 15. SAME: SUFFICIENCY. The postcard notice is sufficient if sub- stantially in the form of the posted notice. Section 16, PROCEEEDINGS AT HEARING. At the time stated in the notices, the City Council shall hear and consider all objections or protests, if any, to the proposed removal of weeds, rubbish, refuse and dirt and may continue the hearing from time to time, Section 17. DETERMINATION AND DECISION: FINALITY OF DECISION: EXCEPTIONS. Upon the conclusion of the hearing, the City Council shall allow or overrule, by resolution or motion, any or all objections, whereupon the Council shall acquire jurisdiction to proceed and perform the work of removal, and the decision of the Council on the matter is final, except —1J-- as provided in Sections 34 and 35 of this ordinance. Section 18, ORDER TO ABATE NUISANCE: FORM OF ORDER. If objections have not been made, or after the City Council has disposed of those made, it shall order the Superintendent of Streets to abate the nuisance by having the weeds, rubbish, refuse and dirt removed. The order shall be made by motion or resolution. Section 19. SAME. EFFECT OF DECLARATION THAT NUISANCE IS SEASONAL AND RECURRENT. If the nuisance is seasonal and recurrent, the City Council shall so declare. Thereafter, such seasonal and recurring weeds shall be abated every year without the necessity of any further hearing. Section 20. NOTICE TO ABATE WEEDS CONSTITUTING RECURRENT NUISANCE. (Mailing Postcard Notice), In the case of weeds which have previously been declared to constitute a seasonal and recurring nuisance, it is suffici- ent to mail a postcard notice to the owners of the property as they and their addresses appear upon the current assessment roll. (Contents of Notice). The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property*, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the City authorities, in which case the cost of such removal shall be assessed upon the lot and lands from which such weeds are removed, and that such cost will constitute a lien upon such lots or lands until paid. Section 21, RIGHT OF ENTRY UPON PRIVATE PROPERTY. The Superintendent of Streets and his assistants, deputies, employees, or contracting agents, M Omm or other representatives may enter upon private property to abate the nuisance. Section 22. REMOVAL BEFORE ARRIVAL OF CITY OFFICER, Any property owner may have weeds, rubbish, refuse and dirt removed at his own expense if it is done prior to the arrival of the Superintendent of Streets or his representatives to do it. Section 23, SEEPING OF RECORD: RENTDITION OF REPORT. The Superintendent of Streets shall keep an account of the cost of abatement in front of or on each separate parcel of land and shall render an itemized written report to the City Council for confirmation, showing the cost of removing the weeds, rubbish, refuse and dirt on or in front of each separate lot or parcel of land, or both. Section 24, POSTING A COPY OF REPORT AND NOTICE OF HEARING. Before the report is submitted to the City Council, a copy of it shall be posted for at least three days on the bulletin board at the City Hall with a notice of the time when the report will be submitted to the City Council for con- firmation, Section 25, MAILING OF NOTICE. A postcard notice of the time and place of the submission of the report for confirmation, stating generally the nature of the report, shall be mailed by the City Council to the owners of the parcels who have filed with the Council a written request for postcard notice within one year prior to the date of mailing the notice, at least seven days prior to the date of submission for confirmation. Section 26. PROCEEDINGS AT HEARING: GENERALLY. At the time fixed for receiving and considering the report, the City Council shall hear it with any -6� 7 objections of any of the property owners liable to be assessed for the work of abatement. Section 27. SAME: MODIFICATION AND CONFIRMATION. Thereupon the City Council may make such modifications in the report as it deems necessary, after which, by motion or resolution, the report shall be confirmed, Section 28, LIEN OF COSTS ON PROPERTY AFFECTED. The amounts of the cost for abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed shall constitute special assess— ments against the respective parcels of land, and are a lien on the property for the amount of the respective assessments. Section 29, REPORT TO ASSESSOR AND TAX COLLECTOR: ADDITION OF ASSESSMENT TO TAX BILL. A copy of the report as confirmed shall be given to the City Assessor, if any, and the Tax Collector shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. Section 30, FILING COPY OF REPORT WITH COUNTY AUDITOR. In the event the County Assessor and the Tax Collector assess property and collect taxes for the City, a certified copy of the report shall be filed with the County Auditor on ar before August 10. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. Section 31, MANNER OF COLLECTION. Thereafter, the amounts of the assessments shall be collected at the same time and in the same manner as City taxes are collected, and are subject to the same penalties and the same proced- -7 ure and sale in case of delinquency as provided for ordinary City taxes. Section 32. APPLICATION OF TAX STATUTES. All laws applicable to the levy, collection and enforcement of City taxes are applicable to such special assessment taxes. Section 33• ISSUANCE OF SEPARATE TAX RILLS. The City Tax Collector, or, if taxes are collected for the City by the County, the County Tax Collector, may, in his discretion, issue separate bills for such special assessment taxes and separate receipts for collection on account of such assessments. Section 34. CANCELLATION OR REFM OF ASSESSMENT, ETC.: GROUNDS. All or any portion of any such special assessment, penalty or costs heretofore or hereafter entered shall, on order of the City Council, be cancelled by the auditor if uncollected, or, except in the case provided for in subdivision (e) hereof, refunded by the City Treasurer if collected, if it or they were entered, charged or paid: (a) More than once; (b) Through clerical error; (c) Through the error or mistake of the City Council or of the Superintendent of Streets in respect to any material fact, including the case where the cost report rendered and confirmed as hereinbefore provided shows that the City abated the weeds, rubbish, refuse and dirt but such is not the actual fact; (d) Illegally; (e) On property acquired after the lien date by the State or by any county, city, school district or other political subdivision and because of this public ownership not subject to sale for delinquent taxes. Section 35• SAME. CLAIM: :REQUISITES: EXCEPTIONS. No order for a refund under —3— the foregoing section shall be made except on a claim: (a) Verified by the person who paid the special assessment, his guardian, executor, or administrator; (b) Filed with the City Clerk on or before March 1 after the tax became due and payable. The provisions of this section do not apply to cancellations, Section 36. ALTERNATE MANNER OF ABATEMENT. Notwithstanding any provisions of Sections 1 to 35, both inclusive, to the contrary, and notwithstanding any of the procedural steps set up in said sections, the City, through its Superintendent of Streets, his assistants, deputies, employees or contract- ing agents, or other representative, may enter upon private property for the purpose of removing the weeds, without following any of the procedural steps set up, provided the weed abatement work is done at the expense of the City and not charged directly to the property upon which said weed abatement work is done. At the time of adopting the resolution contemplating the work to be done, as set forth in Section 3 of this ordinance, the City Council shall, in said resolution, declare that said work shall be done at the expense of the City and not at expense of the property owner, and in such event, said weed abatement work shall not be charged to the property owner, Section 37. EFFECTIVE DATE. This ordinance is hereby declared to be an emergency measure necessary for the immediate provision of the public peace, health and safety, and shall take effect immediately. The follow- ing is a statement of the facts showing its urgency: There is, at present, no ordinance or other law providing for the abatement of noxious or dangerous weeds within the City. To protect the lives and property of the citizens of Costa Mesa by providing for the iamiediate abatement of noxious, dangerous and unsightly weeds before the -9- dry season of the year is reached, requires the immediate preparation of this ordinance and its taking effect immediately. Section 38. CERTIFICATION. The City Clerk of the City of Costa Mesa shall attest to the passage of this ordinance and, pursuant to section 36933 of the Government Code, shall cause it to be posted in at least three public places in the City within fifteen (15) days after its passage. Passed and adopted this 1st day of March, 1954.-- Mayor 954.-_ ATTEST: Mayor of the City of Costa Mbea '10111or 45� - ��' City Clerk of the Cit of Costa Mesa —10— O STATE W CALIFOR.-SIA: COWTY .CSE 1",R ,TGE . ss CITY OF COSTA 1"'ESA .: I, A. C. SWARTZ, City Clerk of the City of Costa Iiesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 1st_____ day of March 1954, the foregoing Ordinance, Containing � 38 sections, wax considered section by section, and that the said Ordinance was then passed and adopted as a whole by the following vote: AYES: 5COUNCILMMT: MARTIN, MILIER, NELSON, SMITH AND TE WINKLE DOES : .. 0 _ COUP CI LM N: None ABSIDTT., 0 COUNCILIIT: None I further certify that said Ordinance was thereupon signed by the Mayor of the City of Costa Mesa. ATTEST: City Clerk of the City of Costa Mesa STAT^ OF CALIFORNIA: COUNTY OF ORANGE : ss CITY OF COSTA MESA : I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that on the 2nd day of March , 1954, I posted the foregoing true and correct copy of the foregoing Ordinance in the following public places in the City: Justice Court 567 West Eighteenth Street Costa Mesa, California Costa Mesa City Hall 111 East 20th Street. Costa Mesa, California Costa Idesa Fire Hall 111 Rochester Street Costa Mesa, California. WITI3ESS my hand and seal this 22d day of March - 1954• City Clerk of the City V Costa Mesa