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HomeMy WebLinkAbout1194 - Weed & Rubbish Abatement0 • THSsmec 11/15/66 ORDINANCE NO. 1--1q1-1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 10.48 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING A NEW CHAPTER 10.48 THERETO RELATING TO WEED AND RUBBISH ABATEMENT The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 10.48 of Title 10 of the Newport Beach Municipal Code is repealed. SECTION 2. A new Chapter 10.48 is added to Title 10 of the Newport Beach Municipal Code to read: "Chapter 10.48 WEED AND RUBBISH ABATEMENT Sections° 10.48.010 Definitions. 10.48.020 Authority to Declare Nuisance and Abate. 10.48.030 Resolution Declaring Nuisance -- Contents. 10.48.040 Form of Notice. 10.48.050 Notice by Mail of Hearing. 10.48.060 Hearing Procedure. 10.48.070 Order to Abate Nuisances. 10.48.080 Account and Cost Report. 10.48.090 Performance of Abatement Work. 10.48.100 Notice of Cost Report. 10.48.110 Notice by Mail of Ccst Report. 10.48.120 Hearing and Confirmation. 10.48.130 Cost Report -- Filing with County Auditor. 10.48.140 Manner of Collection. 10.48.150 Refunds. 10.48.160 Alternate Manner of Abatement. 10.48.010 Definitions. FIRE CHIEF. The term 'Fire Chief' shall mean the Chief of the Newport Beach Fire Department, his assistants and deputies, or other public officer designated by the City Manager to perform the duties imposed by this chapter upon the Fire Chief. WEEDS. The term 'weeds' shall mean weeds which when mature bear wingy 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. 10.48.020 Authority to Declare Nuisance and Abate. The City Council may declare by resolution as a public nuisance and abates (a) Weeds growing upon highways, streets, sidewalks, parkways, or private property in the City. (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 fire hazard. (c) Poison oak and poison ivy when the location of such plants constitutes a menace to the public health. (d) All rubbish, refuse and dirt upon parkways or side- walks, and all rubbish and refuse upon private property in the City. 10.48.030 Resolution Declaring Nuisance -- Contents. The resolution shall: (a) Declare that said nuisances as described in Section 10.48.020 exist upon all of the streets, alleys, sidewalks and private property within the City as shown, described and delin- eated on the several maps of the properties in the City which are recorded in the office of the County Recorder of the County of Orange. (b) Declare that said public nuisances must be abated by the destruction or removal thereof and that all owners of prop- erty 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. (c) Set the time and place for a public hearing at which the City Council will consider all protests from persons ob- jecting to the proposed destruction or removal of such public nuisances and order the Fire Chief to give notice of the pas- sage of said resolution in the manner herein provided. 2. 10.48.040 Form of Notice. Such notice shall be in substantially the following form- NOTICE TO DESTROY OR REMOVE WEEDS AND OTHER NUISANCES NOTICE IS HEREBY GIVEN that on , 19 , pursuant to the provisions of Chapter 10.48 of the Newport Beach Municipal Code, the City Council of said City passed a resolution declaring that all weeds and other nuisances as defined in Section 10.48.020 thereof, growing or located upon any private property or in any public street, alley, or sidewalk constitute a public nui- sance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall without delay destroy or remove all such weeds, and other public nuisances as defined in Section 10.48.020 of the Newport Beach Municipal Code, from their property and the • abutting half of the street in front of and alleys, if any, behind such property and between the lot lines thereof as extended, or such weeds and other nuisances will be destroyed or removed and such nuisance abated by the City authorities, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds and other nuisances shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds and other nuisances are hereby notified to attend a meeting of the Council of said City, to be held in the Council Chamber of the City 3. • n U Hall in said City on , 19 , at 7 -30 o'clock P.M., when and where their objections will be heard and given due consideration. Date- , 19 Fire Chief City of Newport Beach Such notice shall be published at least twice in the official newspaper of the City, the first publication of which shall be at least ten days prior to the time fixed by the Council for hearing objections. 10.48.050 Notice by Mail of Hearing. A postcard giving notice of the time, place and purpose of the hearing to consider protests shall be -nailed by the Fire Chief at least ten days prior to the date set for said hearing 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. Any failure to mail said notice or non - receipt of said notice by any property owner shall not invalidate any assessment made pursuant to the provisions of this chapter. 10.48.060 Hearing Procedure. At the time and place stated in the notices„ the City Council shall hear and consider all protests to the proposed destruction or removal of the public nuisances and may continue the hearing from time to time. At the conclusion of the hearing the City Council shall, rule on all protests. After final action is taken by the City Council on such protests, if any, it shall acquire jurisdiction to order the performance of the work of destruction and removal of such weeds and other nuisances. 10.48.070 order to Abate Nuisances, The Council shall by resolution order the Fire Chief to abate such 40 nuisances, or cause the same to be abated, by having the same destroyed or removed, and the Fire Chief and his deputies, assistants, employees, contracting agents, or • other representatives are hereby expressly authorized to enter upon private property for that purpose. Any prop- erty owner shall have the right to destroy or remove such weeds and other nuisances himself, or have the same de- stroyed or removed at his own expense, provided that such nuisances shall have been removed to the satisfaction of the Fire Chief prior to the arrival of the Fire Chief or his authorized representatives to remove them. 10.48.080 Account and Cost Report. The Fire Chief shall keep an account of the cost of abating such nuisances and embody such account in a report and assessment list which shall be presented to the City Council. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land. 10.48.090 Performance of Abatement Work. The nui- sance abatement work may in the discretion of the City Manager be performed by City forces or by a private con- tractor. 10.48.100 Notice of Cost Report, The City Clerk shall post a copy of such report and assessment list on the bulletin board near the entrance door at the City Hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, notify- ing property owners that they may appear at such time and • place, and object to any matter contained therein. A like notice shall also be published twice in the official 5. newspaper of the City. The posting and first publication of said notice shall be made and completed at least ten days before the time such report shall have been submitted to the • City Councils Such notices as so posted and published, shall be substantially in the following forma NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR ABATEMENT OF WEEDS AND OTHER NUISANCES NOTICE IS HEREBY GIVEN that on 19 , the Fire Chief of the City of Newport Beach filed with the City Clerk of said City a report and assessment on abatement of weeds and other nuisances within said City, a copy of which is posted on the bulletin board at the entrance to the City Hallo NOTICE IS FURTHER GIVEN that on 19 , at the hour of 7.30 o'clock P.M., in the Council Chambers of said City Hall, said report and assessment list • will be presented to the City Council of said City for consideration and confirmation, and that any and all persons interested, having any objections to said report and assess- ment list, or to any matter or thing contained therein, may appear at said time and place and be heard, Dated- , 19, Fire Chief City of Newport Beach 10,480110 Notice by Mail of Cost Report. A postcard giving notice of the time and place of the submission of the report to the City Council for confirmation, stating gener- ally the purpose of the report, shall be mailed by the Fire Chief at least ten days prior to the date set for hearing to all owners of real property subject to assessment for the • abatement work directed to the address of said owners as 6e 9 of City property taxes. If delinquent, the amount of said assessments shall be subject to the same penalties and procedure of foreclosure and sale as in the case of City property taxes. 10.48.150 Refunds. The City Council may order re- is funded all or part of an assessment paid pursuant to this chapter if it finds that all or part of the assessment has 7. shown on the latest County tax roll, Any failure to mail said notice or non - receipt of said notice by any property owner shall not invalidate any assessment made pursuant to • the provisions of this chapter. 10.48.120 Hearing and Confirmation. At the time and place set for considering the cost report, the City Council shall consider the objections of any of the property owners whose property is subject to assessment. The City Council may make such modifications in the report as it deems equitable; it shall then confirm the report by resolution. The amount of the cost of abating such nuisances upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report, shall consti- tute special assessments against such respective lots or parcels of land and, after being thus made and confirmed, shall constitute a lien on such property for the amount of such assessments, until paid. • 10.48.130 Cost Report -- Filing with County_ Auditor. After confirmation of the report, a certified copy shall be filed with the Orange County Auditor on or before August 10 of each year and the Auditor shall be requested to enter the amounts of the respective assessments on the County tax roll opposite each parcel of land. 10.48.140 Manner of Collection. The amount of said assessments shall be collected at the time and in the manner of City property taxes. If delinquent, the amount of said assessments shall be subject to the same penalties and procedure of foreclosure and sale as in the case of City property taxes. 10.48.150 Refunds. The City Council may order re- is funded all or part of an assessment paid pursuant to this chapter if it finds that all or part of the assessment has 7. a ` been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the City Clerk on or before December 1st after the assessment became • due and payable. The claim shall be verified by the person who paid the assessment, or his guardian, executor, or administrator. 10,48.160 Alternate Manner of Abatements Nothing in this chapter shall be construed as precluding the City from utilizing any alternative procedure for weed or nuisance abatement prescribed by this Code or available under State law to cities, nor shall this chapter be con- strued to prevent the City, its agents or representatives, from entering upon private property for the purpose of abating any public nuisance as defined in Section 10.48.020 without following the procedure prescribed in this chapter provided said work is done at the expense of the City." . SECTION 3. This ordinance shall be published once in the official newspaper of the City, and the same shall be effec- 0 tive 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of November , 1966, and was adopted on the 28th day of November , 19669 by the following vote, to wito AYES, COUNCILMEN- Rogers, Parsons, Marshall, Gruber, Cook, Forgit, Shelton NOES, COUNCILMEN® None ATTEST: ABSENT COUNCILMEN- None Acting AG 1 `y r Mayor