Loading...
HomeMy WebLinkAboutORD 155 (1961) ORDINANCE NO. 155 AN ORDINANCE OF THE CITY OF TUSTIN RELATING TO THE ABATEMENT OF UNHEALTHFUL OR DANGEROUS CONDITIONS CREATED BY WEEDS, RUBBISH AND OTHER MATERIALS, AND PROVIDING FOR LIENS FOR THE COST OF REMOVAL. The City Council of the City of Tustin, CalifOrnia, does resolve as follows: Section 1:- Weeds and ~ubbish Abatement Sub-Section (1): Unsafe Condition Prohibited. No person, whether the same be the owner, agent~ or person in control of any lot, piece or parcel of land within the City shall maintain such premises or allow the same to be maintained or permit the same to be maintained in a condition in which weeds, rubbish, or any material exist on said premises which constitute, a fire hazard or which may provide a refuge for rats or other vermin, or may produce pollen which is injurious to health, safety, or welfare of residents of the vicinity, or which otherwise is dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity; the existence of any condition prohibited by this section is declared to be a public nuisance. Sub-Section (2): Unsafe Condition. Whenever the Superintendent of Streets shall find that a condition prohibited by Sub-Section (1) exists upon any lot, piece or parcel of land, or upon any street, alley, sidewalk or right-of-way abutting such lot, piece or parcel of land, he shall give or cause to be given, in the manner hereinafter provided, a notice to remove such weeds, rubbish, or other material. Sub-Section (3): Notice. Such notice shall be given by posting in a conspicuous place upon or in front of the lot, piece or.parcel of land on which, or upon the street, alley, sidewalk, or right-of-way adjacent to which, such weeds, rubbish, or other material may be. Said notice shall be headed "Notice to Clean Premises~ in letters not less than~me inch in height, and the notice, in legible characters, shall direct the removal of weeds, rubbish, or other material as the case may be, and refer to this Ordinance for further particulars. Said notice shall be in sub- stantially the following form: ,76S NOTICE TO CLEAN PREMISES Notice hereby is given that contrary to the provisions of Ordinance No. 16 of the City of Tustin, California, noxious and dangerous weeds and/or rubbish, refuse, and dirt are existing upon or in front of the following described property: (give the address, or if posting a whole street, the name of the street). That they constitute a public nuisance which must be abated BY the removal of the weeds, rubbish, refuse and dirt. Unless said removal is made within l0 days from the date of this notice,:the same shall be removed Dy the City, and the cost of the removal a_ssessed upon the land from which, or in~front of which weeds, rubbish,_refuse and dirt are removed, and such cost so assessed willconstitute a lien upon such land until paid. All persons having any objection to the proposed re- qui~ed removal may appeal to the City Council, in writing,-within ten days from the date of this notice. DATED: This day of Superintendent~of Streets, City of Tustin, California. As an alternative to the posting of notice, the notice required hereby may be given by personal service of a notice similar in substance, by serving the same uponthe owner, agent, or person in control of such lot, piece, or parcel of land, or by mailing said notice by depositing~such notice in the United States Mail, at Tustin, California, addressed to the owner of such lot, piece or :parcel of land, at the address shown by the last equalized assessment roll. The notice shall bear the date of posting, personal service, or mailing. : Sub-Section (4): A~oeal. Within l0 days from the date of the notice the owner or any other persons interested in the property, land~ or lots affected by said notice may appeal to the City Council from the determination of the Superintendent of Streets;'such appeal shall be in writing, shall state the objections, and the name and address of the person filing the appeal. The appeal shall be filed with the City Clerk and shall be presented by the said Clerk°to the City Council at the next regular meeting of the City Council following the date of filing. Said City Council at such meeting, or at such meeting to which the matter may be continued by the Council, shall hear and pass upon said appeal, and the decision of the Council there- upon shall be final and conclusive. Sub-Section (5)Abatement .bY City. unless within l0 days from the date of notice or in the event that an appeal has been made to the City Council, within l0 days from the. date of the determination of the appeal, (unless said appeal is sustained, and the Council determines that no such removal shall be required), and written notice of the determination mailed to the one appealing at the address shown in the a~ppe~ the weeds, rubbish or other -material have no~ been removed from the premises in question or from the street,~ alley, sidewalk or right-of-way abutting such premises as directed by said notice or by the City Council on appeal, the Superintendent of Streets thereupon shall cause the same to be removed and may enter upon private property for the purpose of so doing. If upon appeal the requirements of the original notice have been modified by the City Council, the Superintendent of Streets in causing said weeds, rubbish, or other material to be removed shall be governed by the determination of t~e City Council. Sub-Section (6) Assessments. ~ien. The Superintendent of Streets shall keep or cause to be kept in his office a permanent record showing the legal description, as shown on the last equalized assessment roll of the County of Orange, of each piece of property or lot from which, or the street, alley, sidewalk or right-of-way abutting said property from which said weeds, rubbish or other material have been removed under the provisions of this Ordinance, and said record book shall show any and all expense incurred by the City and in the removal of said weeds, rubbish, or other material as said expense relates to each separate property ownership. Each entry in said record book shall be made upon the completio~ of work done on each piece of property or lot or upon the street, alley, parkway, or sidewalk abutting thereon. After such entry has been made in said book, the same shall constitute an assessment ~gainst the parcel of land and thereafter said assessment shall be confirmed by motion of~ the City Council and the assessment, after made and con- firmed, shall become a lien upon the parcel. Sub-Section (7): Appeal for Assessment. Between the 1st and 15th day of July of each year the Sup~intendent of Streets shall cause to be published in the Tustin News, a newspaper of general circulation in the City of. Tustin, California, a notice to the effect that any person affected or aggrieved by any act or determination of the Superintendent of Streets or of the City Council in connection with the provisions of this Ordinance, may appeal to-the City Council. Such appeal shall be in writing and shall be filed with the City Clerk prior to the 15th day of~July. At the next regular meeting of the City Council, after the 15th day of July, or from time to time thereafter as may be determined by the Council, the Council shall hear and pass upon each such appeal, and the determination of the Council thereupon shall be final and conclusive. In the event any determination of the Superintendent of Streets is modified by determination of the City Council or any assessment changed or corrected, the Superintendent of Streets shall cause such correction to be made upon the record showing the assessment. Sub-Section (8): Cost Assessment. En.try o~ TaX Roll. At the expiration ~f the~ time for appeal or upon~the determination by the City Council of all appeals so filed and in compliance with the requirements of any determination so made, the Superintendent of Streets shall delive~ to the City Clerk an abstract of the entries of the said permanent re~ord in~ which the engineer has shown each assessment, forthe' preceding fiscal year. Such abstract shall show the property affected and the amount charged there against. The City Clerk, prior to August 10th of each year, shall deliver to the County Auditor of the county of orange the amount of each such~ charge to be placed upon the assessment roll against the re- spective lots and thereafter said charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as City taxes are collected. The provisions of this section shall not apply to any piece of property or land or lot the charge against which has been paid prior to the delivery to the City Clerk of said abstract, but in such case an appropriate entry shall be made inthe said record book by the said Superintendent of Streets, showing that such charge has been paid, so that when the same is delivered to the City Clerk all assessments shown thereon shall be valid and Offective. Sub-Section (9): Proof of NOtice. Proof of the posting, serving in person or mailing of any notice, order, or determination provided for in this Ordinance, shall be by affidavit of the person performing the duty and said affidavit must specify the time when the duty was performed. It shall be the duty of the p rintendent of Streets to keep such affidavits among the ou e official records in his office. Sub-Section (10): Refund. Any assessment or any portion of an assessment levied pursuant to the provisions of this Ordinance which heretofore or hereafter has been paid more than once, erroneously or illegally collected, paid in excess of the amount chargeable, was not chargeable to the person or the property paying the same under the provisions of this Ordinance, by reason of a clerical error of the employees or officials of the City, may be refunded'by order of the City Councii in the same manner, ~ the extent and under the same conditions as now or hereinafter are provided by the City for refund of payments of general taxes, at any 'time after the abstract of charges. taken from the record book of the Sul~rintendent of Streets has been delivered t.o the County Assessor and entered upon the assessment books. The owner of any property assessed who may claim that the assessment is void in whole or in part may pay the same under protest. Said protest shall be in writing, shall be received by the City Clerk on or before March 1st after the tax became due and payable, and shall specify whether the whole or any part of the assessment is void and the grounds upon which such claim is founded. Such owner, after such payment, may recover the same in the manner and under the conditions provided in Section 39585 of the Government Code of the State of California. Sub-Section (ll): Damage. If the City Council finds that property damage results from negligence of a city officer or employee in connection with the abatement'of a nuisance pursuant to this Ordinance, a claim for such damage may be paid from the city general fund. Claims therefore shall be governed by Chapter 2 of Division 3-5 of Title 1 of the Government Code of the State of California. PASSED AND ADOPTED at a regular me~ing held on the 5th day of September, 1961. ATTEST: STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) SS. ) CITY OF TUSTIN ) RUTH C. POE, City ~lerk and ex-officie clerk of the City Council of the Cityof Tustin, California, does hereby certify that the whole number of the members of the City Cohncil of the City of Tustin is five; that the above and foregoing Ordinance was duly and regularly introduced and read at the regular meeting of the City Council held on the 14th day of August, 1961, and was given its second reading and duly passed and adopted at a regularsmeeting held on the 5~day of September, 1961, by the following vote: AYES: COUNCILMEN~ Humeston, Byrd, Mack ~heridan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Kidd \k CITY CLERK City of Tustin, California