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HomeMy WebLinkAbout94-31 - Weed AbatementRESOLUTION NO. 94 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING THAT WEEDS AND OTHER PUBLIC NUISANCES EXIST UPON STREETS, ALLEYS SIDEWALKS, PARKWAYS AND PRIVATE PROPERTY WITHIN THE CITY, DECLARING THAT SAID WEEDS AND PUBLIC NUISANCES MUST BE ABATED, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AT WHICH THE CITY COUNCIL WILL CONSIDER • PROTESTS FROM PERSONS OBJECTING TO THE PROPOSED DESTRUCTION OR REMOVAL OF SUCH PUBLIC NUISANCES BY THE CITY AND DIRECTING THE FIRE CHIEF TO GIVE NOTICE OF THE PASSAGE OF THIS RESOLUTION AND OF THE PUBLIC HEARING. WHEREAS, it has come to the attention of the City Council that the following conditions exist upon streets, alleys, sidewalks, parkways and private property within the city as shown, described and delineated on the several maps of the properties in the City which are recorded in the Office of the County Recorder for the County of Orange: (A) Weeds are growing which, when mature, bear winged or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous; (B) Dry grass, stubble, brush, garden refuse, litter or other flammable material which constitutes a fire hazard or which, when dry, will in reasonable probability constitute a menace to the public health; (C) Poison oak and poison ivy which constitute a menace to the public health; (D) Rubbish, refuse and dirt upon parkways and sidewalks, and rubbish and refuse upon private property; and WHEREAS, in the judgment of the City Council, said conditions constitute a public nuisance and should be abated as such pursuant to the provisions of Chapter 10.48 of the Newport Beach Municipal Code. NOW, THEREFORE, BE IT RESOLVED: Section 1. The City Council hereby determines and declares that the weeds and other conditions described above which exist upon the streets, alleys, sidewalks, parkways and private property within the City are a public nuisance. • i3 Section 2. Said public nuisances must be abated by the destruction or removal thereof, and all owners of property on which such public nuisances exist or which abuts public streets or sidewalks on which such public nuisances exist shall, without delay, destroy or remove all such public nuisances or such work will be done by the City, in which case the cost of such work will be assessed upon the lands from which, and /or in the front and rear of which such nuisances shall have been destroyed or removed. Section 3. The City Council does hereby set the 11th day of July, 1994, at 7:00 p.m., as the item and the Council Chambers in the City Hall of the City of Newport Beach as the place, for hearing objections and protests to the proposed abatement of such nuisances. Section 4. The Fire Chief is hereby directed to give notice to the passage of this Resolution of the Council's direction that such public nuisances must be abated by the destruction or removal thereof, and of the time and place set for the public hearing to consider protests, in the following manner: By mailing, at least ten (10) days prior to the time fixed by the City Council for hearing objections, a postcard giving notice of the time, place and purpose of the hearing to consider protests, to all owners of real property subject to assessment for the abatement work, directed to the address of said owners as shown on the latest County tax roll. ADOPTED, this 23rd day of May , 1994. 1/ Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. •nty of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: May 31, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 31 , 1994 at Costa Mesa,, California. Signature PUBLIC NOTICE maps of the properties In the City which are re- RESOLUTION I corded in the Office of the NO. 94.31 County Recorder for the A RESOLUTION OF i County of Orange: THE CITY COUNCIL (A) Weeds are growing which, when mature, bear OF THE CITY OF winged or downy NEWPORT BEACH which will attain such uch a a DECLARING THAT large growth as to become WEEDS AND OTHER. a fire menace when dry, or PUBLIC NUISANCES, which are otherwise nox- EXIST UPON ' ious or dangerous; STREETS, ALLEYS, (B) Dry grass, stubble, SIDEWALKS SIDEWALKS, brush, garden refuse, litter PARKWAYS AND ! or other flammable material which constitutes a fire PRIVATE PROPERTY hazard or which, when dry, WITHIN THE CITY, will in reasonable prob- DECLARING THAT ability constitute a menace SAID WEEDS AND I to the public health; PUBLIC NUISANCES I (C) Poison oak and poi. MUST BE ABATED ABATED, son Ivy which constitute a SETTING THE menace to the public health; TIME AND PLACE (D) Rubbish, refuse and FOR A PUBLIC dirt upon parkways and HEARING AT WHICH sidewalks, and rubbish and THE CITY COUNCIL r refuse upon private prop - WHEREAS, WILL CONSIDER arty; and In the PROTESTS FROM lu gment of the City Coun- oil' said conditions consti- PERSONS OBJECTING tute a public nuisance and TO THE PROPOSED should he abated as such DESTRUCTION OR pursuant to the provisions REMOVAL OF SUCH of Chapter 10.48 of the PUBLIC NUISANCES Newport Beach Municipal BY THE CITY AND Code. NOW, THEREFORE, BE IT DIRECTING THE ! RESOLVED; FIRE CHIEF TO Section 1. GIVE NOTICE OF The City Council hereby THE PASSAGE OF determines and declares THIS RESOLUTION that the weeds and other . AND OF THE conditions described above PUBLIC HEARING. which exist upon the WHEREAS, it has come streets, alleys, sidewalks, to the attention of the City Council that the following parkways d rival prop- e public nuisance. conditions exist upon - - streets, alleys, sidewalks, parkways and pprivate prop- erty within the city as shown, described and de- lineated on the several Section Z. Said public nuisances must be abated by the de- struction or removal 'thereof, and all owners of property on which such public nuisances exist or which abuts public streets or sidewalks on which such public nuisances exist shall, without delay, de- stroy or remove atl such puhllc nuisances or such work will be done by the City, in which case the cost' of such work will be as -I sassed upon the lands, from which, and /or in the front and rear of which such nuisances shall have been destroyed or re- moved. The City Council does hereto y set the 11th day of July, 1994, at 7:110 p.m., as the time and the Council Chambers In the City Hall of the City of Newport Beach as the place, for hearing objections and pro- tests to the proposed abatement of such nui- sances. Section 4. The Fire Chief is hereby directed to give notice to the passage of this Resblu- eon of the Council's direc- tion that such public nul. sances must be abated by the destruction or removal thereof, and of the time and place set for the public hearing to consider pro- tests, in the following man - ner: 8yy mailing, at least ten (10) days pprior to the time fixed by the City Council for hearing objections, a postcard giving notice of the time, place and pur- pose of the hearing to con- sider protests, to all own- ers of real property subject to assessment for the abatement work, directed to the address of said own- ers as shown on the latest County tax roll. ADOPTED, this 23rd day of May, 1994. Clarence J. Turner, Mayor ATTEST: Wanda E. Ragglo, City Clerk Published Newport Beach -Costa Mesa Daily Pilot May 31, 1994. T978' ,0G