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HomeMy WebLinkAboutOrd. No. 1974-532ORDINANCE N0. 5.',2 AN ORDNAPICE OF TIIE CITY" COUNCIL OF TiiE CITY Or' LAKE EhSINORE DEFINING NUISANCES. AND PROVIDING FOR THE SUNL"~ARk ABATEN?ENT THEREOF The City Council of the City of Lake Elsinore does ordain as follo,as: SECTIOiv' 1. DEFINITIONS (a)_ "Street" includes public street, alley, lane, court or at.her place. {b) "In front of which the nuisance exists" includes to the rear of or abutting the property upon which the nuisance exists. (c) "~~ieeds," as used in this article,. includes ahy of the f o 1lotaing (1) Fveeds which bear seeds of a downy or tvingy na~ure. (2) Sagebrush, chaparral, trees, shrubs, vegetation, brush, and any other growth which creates or causes a hazard or menace to the public health, safety and welfare. (3) 97eeds which are otherwise noxious or dangerous. (4) Poison oak and poison ivy taken the conditions of growth are such as to constitute a menace to the public health. (5) Dry grass., stubble, brush, litter, or other .flam- mable material which endangers the public safety by creatj_ng a lire hazard. SEC^1 ION 2. AUTHOP.ITY TO DECLARE NUISANCE AND ABATE The City Council may declare by resolution as publ;c nuisances, and abate: (a) All weeds as herein defined growing upon the streets, sidewalks, or private property in the city. (b) All rubbish, refuse, and dirt upon parkc~lays, sidewalks, or private property in the city. SECTION 3. RESOLUTION DECLARIIVTG NUISANCE; CONTED?TS The resolution s'riall: (a) P.efer to the street by its commonly known name. - (b) Describe-the property upon which or in front of which the mrisance exists by giving its lot and .block number according to the official or city assessment map. Any number of streets, sidewalks, ar parcels of property may be included in ono resolution. S~:CTIOiv 4. Yt'EEDS ON SPECIFIED PARCELS OF PROPERTY A.S SEASONAL AND RECURRENT NUISANCES; ABATEMENT At the time it adopts the resolution as herein provided,. the City Council may also find and declare that weeds on specified rceis of property are seasonal and recurrent nuisances. Su.i:h seasonal and recurrent nuisances shall be abaied in ac- ::o_dance with the provisions of this Ordinance, prcvided-ihat u~>:ui`~=he second and any subsequent occurrence of such nuisance on the same aarcel or parcels within the same calendar year, no further __^eari,r.gs reed be held and it shall b~.sufficient to mail a post card notice tc the owners of .the property as they and `their addresses appear upon the. current assessmrnt .roJ.l. The .notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent `: nature are growing on or. in front of the property, acid that the same constitute a public nuisance which must be-abated by the re- "; moval of said noxious or dangerous weeds,'and that otherwise they will be removed and the nuisance will be abated by the City autho.r- hies, in which case the cost of such removal shall be assessed I upon the parcel and lands from which or in front of which such "' weeds are removed and that upon confirmation such cost will consti- tute a lieri upon such parcel or lands until paid. SECTION 5. PREVENTIVE ABATEPRENT OF SEASONAL AND RECURRENT WEED NUISANCES; CHEMICAL CONTROL ~I WY:ere the City Council finds and declares that weeds on sped- fled parcels of property are seasonal. and recurrent nuisances as provided in Section 4, it may provide for the preventive abatement of such seasonal and recurrent nuisance as provided in this section_ ,i The notice required by Section 4 shall, in addition. to-con- twining all other require matters, state that the efficient and economical control of such seasonal and recurrent `nuisance requires ~' preventive chemical control of such weeds, weed seeds 'and tweed ` seedlings .and. that the city may require preventive chemical control of such nuisance. ! In the event the city is once required to abate such nuisance the city-may, in addition, before and during"the next following ~ germinating season of such weeds, provide for the preventive abate- i meat of such nuisance by using chemical control of such weeds.. .SEC^1 ION 6.' NOTICES; POSTING j After passage of the resolution, the SuperintEndent of Public ~ bVorks shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He .?" ,` shall post: _,~ r ~ (a) One notice to each separately owned parcel of. property ~'' of not over fifty feet frontage. i j (b) Not more. than two r_otices to any such parcel of one hundred ~ feet frontage or less. (c) Notices at not more than orie hundred feet apart if the ~ frontage of such a parcel is r~reater than one hundred feet. SECTION 7. NOTICES; .HEADING AND FORM The heading of 'the notices shall be "Notice to destroy weeds and. remove rubbish, refuse, and dirt: in letters not less than'one "inch in ,height, and shall be substantially in the following form: I NOTICE TO DE ;TROY WEEDS AND REI+IOVE j ;RUBBISH, REFUSE,AND DIR'P Notice is hereby given that on the day of 1974,-the City Council of the City of Lake Elsinore°passed a res- olut-ion declaring that noxious or dangerous eaeeds were growing upon or in front of the property on this street, and that`rnbbish, refuse, and dirt were upon o-r in front of property on this street, ~-n and .more particularly described in the resolivtic and that they constitute a public nuisance which must be abated by - the removal of the ~,;eeds, rubbish, ref use, 'and dirt. Otherwise they will be removed and the nuisance abated by the city and thc'cost of removal. assessed upgr. the land from or in'front of whch`the weeds, rubbish, refuse, and dirt are removed grid wi17 constitute a lien upon such land until paid. Reference is hereby made to the resolution. for further particulars. A ^opy of said resolution is on file in the office of the city clerk. The property o:~~ners having any o:ojectipns to 'the proposed removal of the weeds, rubbish, refuse, and dirt are hereby noti- f:L'd t.o attend a meeting o- the City Council of the. City of_ Lake Elsinore to be held be heard and given due consideration. Dated this day of when their objections trill 19 .Superintendent of Public Works SEC'PION 8. NOTICES The notices shall be posted at least five days prior to the time for hearing objections by the City Council. As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council may direct the city clerk to mail written notice of the proposed abatement to all persons owning property described in the resolu- tion. The city clerk sha1L cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the_.C$ty Council. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Any costs incurred in securing .the aforesaid names and addresses shall be a part of the costs of abatement. The notices mailed by the city clerk shall be mailed at least five days prior to the time for hearing objections by the City Council. The notices mailed by the city clerk shall be substantially in the form provided by Section 7, except, that notices shall be signed by the city clerk and the. heading of the notice need not comply therewith. SECTION 9. HEARING ~t the time stated in .the notices, .the City Council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirtc it shall, by motion or resolution, allow or over- rule any objections. The hearing. may be continued from time to time, but the decision of the City Council is final, and it acquires jurisdiction to proceed and perform the work of removal upon the conclus_i_on of the hearing. SECTION 10: ABATEMENT. PROCEDURE If objections have not been made or after the City Council has disposed of those made, it shall order the Superintendent of Public T?orks, by motion or resolution, to abate the nuisance by having the weeds, rubbish, refuse, and c;irt remo~-ed. The Superintendent of Public Pdorks may, the--reupon enter upon private property to abate the nuisance. Notwithstanding such order of abatement, the owner may, prior to the arrival of the Superintendent of Public Svorks, remove the weeds, rubbish, refuse, and d-irt at his own expense. SECTION 11. COSTS; .ACCOUNT; REPORT '~ The Superintendent of Public Z4ork_s shall keep an account of the cost o£ abatement in front of or on each separate parcel of land where the work is done by him. He shall submit to the City Council for confirmation an itemized written report snowing such cost. A copy of the report shall be posted for at least three days prior to its sub:ission to the City Council on or hear the chamber door of the City Council, with a notice of the time and submission_ _?- t ; At the 'time fixed for receiving and considering the report, the ~ City Council shall hear it with any abjections of the property.. oi•7ners liable to be assessed for the abatement. It may-modify the j s report if it is deemed necessary, and shall then confirm the report by motion or resolution. j SECTION 12. PERFORMANCE OF ABATEMENT BY CONTRACT; BIDS; ITEMIZED i WRITTEIQ REPORTS Abatement of the nuisance may in the discretion of the City Council be performed by contract awarded by the City Council''on the = ' basis of competitive bids let to the lowest responsible bidder pursuant to Sections 37903, 37904, 37905 and 37931 to 37935 i.nclusi~! 'i of the California Government Code. In such event the contractor I shall keep the account and submit the itemized written report for each separate parcel. of land required by Section 39574 of said Code. SECTION 13. COSTS; ASSESSMENT The cost of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel.: After the ~ as•sessment is made and confirmed, it is a lien on the parcel. After confirmation of-the report, a copy'shall be given to the i city assessor and the tax collector, who shall add the amount of - tl?e assessment tothe..next regular tax billlevied-against the parcel for municipal purposes. If the county assessor and the tax collector assess property and collect taxes for the city, a certified copy of the report shall be filed with the county auditor on or before August 10th. '.The descriptions of the parcels reported shall be those-used for the same parcels on the county assessor's map books for he current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. i' The amount of the assessment shall be collected at. the time ~-" and in the manner of ordinary municipal taxes. If delinquent, the ~ amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. i The City Council may determine that,"in lieu of collecting the i entire assessment at the time and in the manner of ordinary munic- ipal taxes, such assessment of fifty dollars ($50) or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment s is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary munic- ipal tares, The payment of assessments so deferred shall bear interest on the unpaid balance at a rate. to be determined by the City Council, .not to exceed <~ percent per annum. As an alternative method the county tax collector in his dis- cretion may collect the assessments ~~~ithotzt reference to the general taxes by issuing separate bills and receipts for the assessments. Lar7s relating to the levy, collection, and enforcement of __ county taxes apply to such special assessment taxes. SECTION 14. COST; PAYMENT ^10 SUPERINTENDENT OF PJ,BLIC {^70RKS; TIi~tE _ The Superi_ntendeni of Public T•7or_ks may receive the amount dui on the abatement cost and issae receipts at any dime after the cor_firmation of the re~oort. and until 10 days befo:ce a copy is given to the city aSSe:~SOr and tax collector, or i•~here a Certified COpy. 1S flieC. i~71th the county auditor, until, Atr3~.tst 1st. following. the cas<firmatior. of the report. SECTION 15. REFUNDS f __~ The City Council may order .refunded all or part of a tax paid pursuant to this article if it finds that all or part of -the tax has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the clerk of the City Council on or before November lst after the tax became due and payable The claim shall be verified by the person t•Jho paid the tax, or his guardia, executor., or administrator: SECTION 16. DAMAGES FROM NEGLIGENCE IN A$ATEMENT; AUTHORITY TO PAY; CLAIMS If the City Council finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of z nuisance pursuant to this article, a claim for such damages may be paid from the city general fund. Claims therfor are governed by Part 3 ( commencing with Section 900 ) and_ Part ^_ (cozn-nencing with Section 940) of Division 3.6 of Title 1 of the California Government Code. SEC^1-0~7 17: The Clerk of the Council shall certify to the passage of this Ordinance and shall cause the same to be published once ir. the Lake Elsinore Sun after iLS adoption. This ordinance shall take effect thirty (30}, days from and after the date of its final adop- tion. PASSED AND ADOPTED by the City Council of the City cf Lake Elsinore at its regular meeting held on the 11th day of February 1974, by the following vote, to wit: AYES: COUNCILMEN: DePasquale, Harmatz, Perksns, Mayor Pro Tem C artier. NOES: COUNCILP•4EN: Plone ABSENT: COUNCILMEN: ,dayor Chaffin s/Lawrence A„ Cartier Mayor. Pro Tem ATTEST: s/Florene Marshall City Clerk of the City of Lake Elsinore STATE O_^ CALIFORNIA ) COUNTY OF RI~~ERSIDE 1 ss CITY. OF LA?:E ELSINORE -4-