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HomeMy WebLinkAbout2001-2 - Amending Chapter 10.48 of Title 10 of the NBMC Pertaining to Weed & Rubbish Abatement.ORDINANCE NO. 2001 -2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10.48 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO WEED AND RUBBISH ABATEMENT. WHEREAS,The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to read, in full, as follows: SECTION 1: Section 10.48.010 of Chapter 10.48 is amended to read as follows: Section 10.48.010 Definitions. Fire Chief. The term "Fire Chief' shall mean the Chief of the Newport Beach Fire Department. Fire Marshal. The term "Fire Marshal' shall mean the Fire Marshal of the Newport Beach Fire Department, his assistants and deputies, or other public officers designated by the Fire Chief to perform the duties imposed by this chapter upon the Fire Marshal. Weeds. The term "weeds" shall mean weeds which when mature bear the 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. SECTION 2: Section 10.48.020 of Chapter 10.48. is amended to read as follows: Section 10.48.020 Authority to Declare Nuisance and Abate. The Fire Marshal may declare a public nuisance and abate: 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 sidewalks, and all rubbish and refuse upon private property in the City. Page 1 of 5 SECTION 3: Section 10.48.030 of Chapter 10.48. is amended to read as follows: Section 10.48.030 Notice of Nuisance. The resolution shall: A. . Notice of Nuisance. The Fire Marshal shall give written notice to the owner of record to abate the nuisance within 30 days. The notice of nuisance shall state that the property owner is required to abate the nuisance, shall state the nature of the nuisance to be abated, what is required to abate it, and that if the nuisance is not abated the City may take further action which may include: (1) the City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the hazard, (2) that upon completion of such work the cost thereof, including Nuisance AbatementServices, can be billed to the property owner or can become a special assessment against that parcel, and (3) that upon City Council confirmation of the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. B. Notice of Abatement Proceedings. Whenever the Fire Marshal of a designee determines that a nuisance exists and the owner of a property fails to properly abate the nuisance, the Fire Marshal is ordered to take appropriate correction actions based upon those findings. The Fire Marshal shall notify the owner of affected properties, as shown on the latest equalized tax assessment roll, by mail of intention to abate the nuisance. C. . Service of Notice. Notices shall be mailed by certified and regular first class mail to the address of the property owner not less than 15 days prior to the date of the proposed abatement. Failure of any owner, or any party concerned to receive a notice shall not affect the validity of any proceeding taken, if the procedure for service of notice has been followed. D. Appeal. The property owner may appeal the decision of the Fire Marshal requiring the abatement of the nuisance by sending a written appeal to the Fire Chief requesting a hearing with the City Manager within ten (10) days of the notice. Page 2 of 5 SECTION 5: Section 10.48.040 of Chapter 10.48. is amended to read as follows: Section 10.48.040 Hearing Procedure. A. The City Manager or his designee shall only consider evidence that is relevant to whether a nuisance existed and whether the property owner caused or maintained the nuisance. B. The property owner contesting the notice of abatement shall be given the opportunity to testify and present witnesses and evidence. C. The failure of any recipient of a notice of abatement to appear at the appeal hearing shall constitute a waiver of the appeal, waiver of abatement costs, and failure to exhaust administrative remedies. D. The notice of abatement proceeding and any additional documents submitted by the Fire Marshal shall constitute prima facia evidence of the respective facts contained in those documents. E. If the Fire Marshal submits additional written information concerning the notice of abatement proceeding for consideration at the appeal hearing, a copy of the written information shall be served by mail on the person requesting the hearing at least five (5) days prior to the date of the hearing. F. At least five (5) days prior to the appeal hearing, the recipient of a notice of abatement proceeding shall be provided a copy of the documents relied upon by the Fire Marshal. No other discovery is permitted. Formal rules of evidence shall not apply. G. A hearing before the City Manager, or his designee, shall be set for a date that is not less than 10 days and not more than 14 days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the`time and place set for the hearing at least 5 days prior to the date of the hearing. Page 3 of 5 SECTION 6: Section 10.48.050 of Chapter 10.48. is amended to read as follows: Section 10.48.050 - Appeal Decision. A. After considering all the testimony and evidence submitted at the appeal hearing, the City Manager, or his designee, shall issue a written decision within 48 hours of the hearing upholding or denying the notice of abatement proceeding and shall list within the decision the reasons for that decision. This City Manager, or his designee, may impose such conditions and take such other actions as is deemed appropriate to carry out the purpose of the provisions of this Chapter. B. The decision of the City Manager or his designee shall be final and shall be served by mail on the property owner within 48 hours. SECTION 7: Section -117.48.060 of Chapter 10.48.1s amended to read as follows: Section 10.48.060 Abatement Costs. A. The costs involved in the correction of the substandard conditions shall become a special assessment against the property. In addition to the above costs, a Nuisance Abatement Services fee established by resolution of the Council of the City of Newport Beach, shall be assessed against each parcel for Newport Beach Fire Department and other city Incurred costs associated with abatement B. The Fire Chief or his designee shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. If the total assessment determined as provided for in this section is not paid within 30 days after mailing or such notice, the property owner shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to Section 38773.5 of the Government Code. C. Other Abatement Procedures. The provisions of this ordinance shall not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law. SECTION 19: if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Page 4 of 5 SECTION 20: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 21: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 13th day of February, 2001, and adopted on the 27th day of February , 2001, by the following vote, to wit: AYES, COUNCILMEMBERS Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, and Mayor Adams NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None MAYOR T� - C ATTEST: 9\i- ' / . � �CL 7 4 /1L ?ice LaVonne Harkless, City Clerk Page 5 of 5 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2001 -2 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of February 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of February 2001. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } SS. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2001 -2 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: March 3, 2001. In witness whereof, I have hereunto subscribed my name this day of ` 7�9,(-Cj-) 2001. (, a City Clerk City of Newport Beach, California