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Beach Municipal Code is repealed.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