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HomeMy WebLinkAbout621 - Weed Abatement"Section 7407. PERSON AU- THORIZED TO GIVE NOTICE. The 'Superintendent of Streets of this, City Is hereby designated as the person to give notice to de- stroy weeds." "Section 7408. NOTICE: HEADING. The. notices shall be headed 'Notice to Destroy Weeds' In words not less than one Inch in height." "Section 7409. FORM OF NOT- ICE. The notice shall be substant- ially 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 Newport Beach. passed a resolu- tion declaring that noxious or dangerous weeds , were growing upon or In front of the property on. or nearest to - Street or Road. in said City. and more particularly' described in said resolution and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, otherwise they will be re- moved and the nuisance will be abated by the City Authorities. In which case the cost of such removal shall be assessed upon the lots and lands from which or in front of which such weeds are removed, and such cost will con- stitute a lien upon such lots or lands until p a Id. Reference Is hereby made to said resolution for further particulars. All property owners having any objections to t a proposed re- moval of such weeds are hereby notified to attend a meeting of the City Council of this City. to be held (give date), when their objections w i l l be heard and given due consideration. Dated this —day of —. 19 —. Superintendent of Streets" "Section 7410. MANNER OF POSTING: GENERALLY. Th.e notices shall be conspicuously posted in front of the property on which 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." "Section 7411. SAME. NUM- BER OF NOTICES TO BE POSTED. The Notices shall be posted not more than one hundred feet In distance apart. b u t at least one notice shall be posted on each lot or parcel." "Section 7412. MAILING OF POSTCARD 'NOTICES: GENER- ALLY. 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 writ- ten request for a u c h postcard notice within one year prior to the date of mulling." ' "Section 7413. S A M E: AD- DRESS AND TIME FOR'MA.IL- ING. 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 7414. SAME: SUFFI- CIENCY. The postcard. notice is sufficient If substantially in the form of the posted notice." "Section 7415. PROCEEDINGS AT HEARING. At the t i in e stated in the notices. the City Council shall hear and consider all objections or protests. if any. to the proposed removal of weeds. and may continue t h e hearing from time to time." "Section 7416 DETERA"rNA- TIQN AND DFCTSION: FINAL - I T Y OF DECISION: EXCEP- TIONS. Upon the conclusion of the hearing the City Council shall allow or overrule any or all ob- jections. whereupon the Council shall acquire jurisdiction to pro- ceed and perform the work or removal. and the decision of the Council on the matter is final. except as provided in Sections 7433 and 7434 of this Code'' "Section 7417. ORDER FOR ABATEMENT: GENERALLY. After final action is taken by the City Council on the disposition of any protests or objections or In case no protest or objections are received. the City Council shall order the Superintendent of Streets to abate the nuisance, or to cause it to be abated by hav- ing the weeds removed." "Section 7418. SAME. EFFECT OF DECLARATION THAT NUISANCE IS SEASONAL AND RECURRENT. If the nuisance Is seasonal and recurrent, the City Council shall so declare. There- after, such seasonal and recurring weeds shall -be abated every year without the necessity of any far- ther hearing." "Section 7 4 19. NOTICE TO ABATE W E E D S CONSTITUT- ING RECURRENT NUISANCE. (Mailing Postcard Notice) In the case of weeds which have previously been declared to con- stitute a seasonal and recurring nuisance, It Is sufficient to mall a post card notice to the owners of the property as they and their addresses appear upon the cur- rent assessment roll. (Contents of notice) The notice shall refer to and describe the property and shall state that nox- Ious or dangerous weeds of a seasonal and recurrent nature are growing on or In front of the property. and that the same.con- stitute 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 au- thorities, In'Whi6h case the cost of such removal 'shdll'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 7420. RIGHT OF EN / TRY UPON PRIVATE PROP -r E R T Y. The =Superintendent of Streets. and his assistants. depu- ties, employees, or contracting. �- agents, or other representatives,:` may enter upon.pilvate prgperty^ ORDINANCE NO. 821 ORDINANCE ADDING CHAP- TER 4 TO ARTICLE VII OF THE MUNICIPAL CODE, BEING SECTION 7400 TO SECTION 7430, BOTH INCLU- SIVE, PROVIDING FOR THE ABATEMENT OF HAZARD- 0475 WEEDS WITHIN THE • CITY OF NEWPORT BEACH. The City Council of the City of Newport Beach does ordain as follows: SECTION 1: Section 7400 to Section 7436, both inclusive. are hereby added to the Municipal Code of the C i t y of Newport Beach. to constitute Chapter 4 of Article VII of the said Code, as follows. to wit: "Section 7400. 'WEEDS' DE- FINED. 'Weeds' as used . in this part, means all weeds growing upon streets. sidewalks, or private property In any county, including any fire protection district and includes any of the following: (a) Weeds which bear seeds of. a downy or wingy nature. (b) Weeds which attain such large growth, as to become, wheq dry, a fire menace to adjacent improved property. (c) Weeds which are other- wise noxious or dangerous. (d) Poison oak and poison ivy when the conditions of growth are such as to constitute a men- ace to the public health." "Section 7401. MANNER OF ABATEMENT. Weeds may be declared a public nuisance and may be abated "as provided in this. part." "Section 7402. AUTHORITY TO ADOPT: TENOR OF RESO- LVTION. Whenever weeds are growing upon any street, side- walk. or on private property with the City. the City Council, by resolution. may declare the weeds a public nuisance." "Section 7 4 0 3. IDENTIFICA- TION 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 prop- erty affected fronts or abuts or nearest to w h 1 c.h the private property is located." "Section 7404. SAME. WHEN AREA ABUTS ON MORE THAN ONE STREET, ETC. If the pri- vate property fronts or abuts upon more than one street, high- way, or road. it is necessary to refer to only one of the streets, highways, or roads" "Section 7405. DESCRIPTION 'OF PROPERTY. The resolution 'shall describe the property upon "which, or in front of which the nuisance exists by describing the -property In acordance with the map used In describing property for taxation purposes. No other description is necessary." "Section 7406. INCLUSION OF SEVERAL AREAS IN 'SINGLE RESOLUTION. Any number of streets, highways, roads, or par- cels of private property may be 6tnrduded in one resolution:' "Section 7407. PERSON AU- THORIZED TO GIVE NOTICE. The 'Superintendent of Streets of this, City Is hereby designated as the person to give notice to de- stroy weeds." "Section 7408. NOTICE: HEADING. The. notices shall be headed 'Notice to Destroy Weeds' In words not less than one Inch in height." "Section 7409. FORM OF NOT- ICE. The notice shall be substant- ially 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 Newport Beach. passed a resolu- tion declaring that noxious or dangerous weeds , were growing upon or In front of the property on. or nearest to - Street or Road. in said City. and more particularly' described in said resolution and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, otherwise they will be re- moved and the nuisance will be abated by the City Authorities. In which case the cost of such removal shall be assessed upon the lots and lands from which or in front of which such weeds are removed, and such cost will con- stitute a lien upon such lots or lands until p a Id. Reference Is hereby made to said resolution for further particulars. All property owners having any objections to t a proposed re- moval of such weeds are hereby notified to attend a meeting of the City Council of this City. to be held (give date), when their objections w i l l be heard and given due consideration. Dated this —day of —. 19 —. Superintendent of Streets" "Section 7410. MANNER OF POSTING: GENERALLY. Th.e notices shall be conspicuously posted in front of the property on which 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." "Section 7411. SAME. NUM- BER OF NOTICES TO BE POSTED. The Notices shall be posted not more than one hundred feet In distance apart. b u t at least one notice shall be posted on each lot or parcel." "Section 7412. MAILING OF POSTCARD 'NOTICES: GENER- ALLY. 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 writ- ten request for a u c h postcard notice within one year prior to the date of mulling." ' "Section 7413. S A M E: AD- DRESS AND TIME FOR'MA.IL- ING. 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 7414. SAME: SUFFI- CIENCY. The postcard. notice is sufficient If substantially in the form of the posted notice." "Section 7415. PROCEEDINGS AT HEARING. At the t i in e stated in the notices. the City Council shall hear and consider all objections or protests. if any. to the proposed removal of weeds. and may continue t h e hearing from time to time." "Section 7416 DETERA"rNA- TIQN AND DFCTSION: FINAL - I T Y OF DECISION: EXCEP- TIONS. Upon the conclusion of the hearing the City Council shall allow or overrule any or all ob- jections. whereupon the Council shall acquire jurisdiction to pro- ceed and perform the work or removal. and the decision of the Council on the matter is final. except as provided in Sections 7433 and 7434 of this Code'' "Section 7417. ORDER FOR ABATEMENT: GENERALLY. After final action is taken by the City Council on the disposition of any protests or objections or In case no protest or objections are received. the City Council shall order the Superintendent of Streets to abate the nuisance, or to cause it to be abated by hav- ing the weeds removed." "Section 7418. SAME. EFFECT OF DECLARATION THAT NUISANCE IS SEASONAL AND RECURRENT. If the nuisance Is seasonal and recurrent, the City Council shall so declare. There- after, such seasonal and recurring weeds shall -be abated every year without the necessity of any far- ther hearing." "Section 7 4 19. NOTICE TO ABATE W E E D S CONSTITUT- ING RECURRENT NUISANCE. (Mailing Postcard Notice) In the case of weeds which have previously been declared to con- stitute a seasonal and recurring nuisance, It Is sufficient to mall a post card notice to the owners of the property as they and their addresses appear upon the cur- rent assessment roll. (Contents of notice) The notice shall refer to and describe the property and shall state that nox- Ious or dangerous weeds of a seasonal and recurrent nature are growing on or In front of the property. and that the same.con- stitute 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 au- thorities, In'Whi6h case the cost of such removal 'shdll'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 7420. RIGHT OF EN / TRY UPON PRIVATE PROP -r E R T Y. The =Superintendent of Streets. and his assistants. depu- ties, employees, or contracting. �- agents, or other representatives,:` may enter upon.pilvate prgperty^ • i • for the purpose of removing the weeds." "Section 7421. REMOVAL BE- FORE ARRIVAL OF CITY OFF- ICER. Any property owner may have weeds removed at his own expense if it is done prior to the arrival of the Superintendent of Streets or his representatives do it." " Section 7422. KEEPING OF "RECORD: RENDITION OF RE- PORT. 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 report in writing to the C i t y Council showing th ecost of re- moving the weeds on or in front of each separate lot or parcel of land. or both. "Section 7 4 2 3. POSTING A COPY OF REPORT AND NOT- ICE OF HEARING. Before the report is submitted to the City Council, a c o p y 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 confir- mation." "Section 7424. 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 f or 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 7425. PROCEEDINGS AT HEARING: GENERALLY. At the time fixed for receiving and considering the report, the City Council shall hear it and any objections of any of t h e property owners liable to be assessed for the work of abatc- ment." "Section 7426. SAME: MODI- FICATION AND CONFIRMA- TION. Thereupon the City Council may make such modifications in the report as it deems necessary, after which, by order or resolu- tion. the report shall be c o n- firmed." "Section 7427. LIEN OF COSTS ON PROPERTY AFFECTED. The amounts of the cost for abat- ing the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed shall constitute special assessments against the respec- tive parcels of land, and are a 11 e n on t h e property for the amount of the respective assess- ments." "Section 7428. T R A N S M I S- SION OF COPY OF REPORT TO AUDITOR: ENTRY OF CHARGES AGAINST PROP- ERTY. A copy of the report, as confirmed, shall be turned over to the auditor of the City. on or before, the tenth day of August following such confirmation. and the auditor shall enter the amounts of the respective assess- ments against the respective par- cels of land as they appear on the current assessment roll." "Section 7429. INCLUSION OF CHARGES IN TAX BILLS. The tax collector shall include t h e amount of the assessment on bills for taxes levied against the re- spective lots and parcels of land." "Section 7430. MANNER OF COLLECTION. Thereafter t h e 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 procedure and sale in case of de- linquency as provided for ordi- nary City taxes." "Section 7431. APPLICATION OF TAX STATUTES. All laws applicable to the levy. collection and enforcement of City taxes arc applicable to such special assess- ment taxes. "Section 7432. ISSUANCE OF SEPARATE TAX BILLS. The City Tax Collector may, in his discretion, issue separate bills for such special assessment taxes and separate receipts for collec- tion on account of such assess- ments." "Section 7433. CANCELLA- TION OR REFUND OF ASSESS, MENT, ETC.; GROUNDS. All or any portion of any such special assessment, penalty or costs here- tofore or hereafter entered shall on order of the City Council be canceled by the auditor if un- collected, or, except in the case provided for in subdivision (e) hereof. refunded by the C i t y Treasurer if collected, if it or' they were entered, charged or paid: (a) More than once; (b) Through clerical error: (e) Through the error or mis- take of the City Council or of the Superintendent of Streets in respect to any material fact. in- cluding the case where the Cost report rendered and confirmed as hereinbefore provided shows that the City abated the weeds but such is not the actual fact; (d) Illegally; (e) On property acquired after the lien date by the State or by any count, city, school district or other political subdivision and because of this public ownership not subject to sale for delinquent taxes." "Section 7434. SAME. CLAIM: REQUISITES: EXCEPTIONS. No order for a refund under the foregoing section shall be made except on a claim: (a) Verified by the person who paid the special assessment. his guardian, executor, or admin- istrator: (b) Filed within three years after making of the payment sought to be refunded. The provisions of this section do not apply to cancellations." "S e c t i v a 7435. EFFECTIVE DATE. This ordinance is hereby declared to be an emergency mea- sure necessary for the immediate provision of the public peace, health and safety, and shall take effect immediately. The following is a statement of the facts show- ing its urgency: There is, at present, no ordi- nance or other law providing for the abatement of noxious or dan- gerous weeds within the City. To protect the lives and property of the citizens of Newoprt Beach by providing for the immediate abatement of noxious, dangerous and unsightly weeds before the dry season of the year is reached. requires the immediate prepare - tion of this ordinance and i t s taking effect immediately." "Section 7 4 3 6. ALTERNATE MANNER OF ABATEMENT. Not withstanding any provisions of Sections 7400 to 7435, both inclusive, to the contrary, and not withstanding any of the proced- ural steps set up in said sections, the City, through its Superinten- dent of Streets, h 1 s assistants, deputies, employees or contract - ing agents, o: utbei r:pruscnta- tive. may e n t e r upon private property for the purpose of re- moving the weeds. v:iih, ut fol- lowing any of the procedu. al steps set up provided the weed abate- ment wdrk is done at the expense of the City and not charged di- rectly 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 Sectimr 7402 of this Code, the City Coun- cil shall, in said resolution, (16- Clare that said work shall be don, at the expense of the City and not at the expense of the prop - crty owner. and in such event. Said weed abatement work shall not be charged to the property owner." SECTION 2i This ordinance shall be published at least once in the Newport - Balboa Press, a newspaper of general circulation printed. published and circulated in the City of Newport Beach. and shall be in force and effect immediately upon the final pass- age thereof. The above and foregoing ordi- nance was introduced at a reg- ular meeting of the City Council Of the City of Newport Beach helf on the 10th day of April. 1950, and was finally passed and adopted on the 24th day of April. 1950, by the following vote, to wit! AYES, COUNCILMEN Finch. Drake, Greeley, Blue. Isbell NOES, COUNCILMEN None ABSENT, COUNCILMEN- None L. L. ISBELL ATTEST: Mayor, C. K. PRIEST ' City Clerk No. 456-- -Press Pub. 4- 27 -50. i J I — ILA - - • • STATE OF CALIFORNIA COUNTY OF ORANGE �SS. CITY OF NEWPORT BEACH I, - -C' -K-' PRIEST City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing --- ORDINANCE --------- No--..-._- 621_---- __._ - -- -was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the--24TH --- day, of- _APRIL ------------ 19-- 0 -. - - -, by the following vote: AYES: COUNCILMEN --- FINgR3L__DRAKE1 ... GRRELEY BLUE1___ ISBELL - - -- - -- -- ---- - - - - -- NOES: COUNCILMEN - -- NONE---------------------------------------------------------------------- -- -- ---- -- ------------ ---- -- ABSENT: COUNCILMEN -- - -- - -- NONE----- ---- ------- ----- --- ----- -- - - - -- ------------------------------------------------- Dated this ------ 2Y TR ------- day of --- ---- -- - -- APRIL -------------- -------------------------------- 19-- 5o - - -- f ----- -- - /L. � i�`. ---- - City Clerk and Ex- Officio Clerk of the City Council, City of Newport Beach, State of California. ----- -- - /L. � i�`. ---- - City Clerk and Ex- Officio Clerk of the City Council, City of Newport Beach, State of California.