HomeMy WebLinkAboutCC Ord 1219 1986-03-24
ORDINANCE NO, /r:l/9
AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING
PUBLIC NUISANCES AND AMENDING THE CODE OF THE
CITY OF SEAL BEACH, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
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Section 1, Chapter 14, Article I of the Code of the
City of Seal Beach, California is hereby amended to read:
Sec, 14-1, Definitions, For the purpose of this
chapter, the following words and phrases shall have the mean-
ings respectively ascribed to them:
Hearing Officer,
the Director of public
Beach, California.
"Hearing Officer" shall mean
Works of the City of Seal
Occupant, "Occupant" shall include but not be
limited to the owner, the owner's agent or employee, a
lessee, lessee's agent or employee, a tenant, tenant's
agent or employee, or any person otherwise in
possession and/or control of any property within the
jurisdiction of the City of Seal Beach, California.
If the owner is the occupant of the property,
provisions relating to the owner and to the occupant
shall be tr~ated as relating to one person,
Owner, "Owner" shall mean the owner of record as
shown in the current Orange County Assessor's tax
records. For purposes of providing notice to such
owner of any action under this Chapter, owner shall
include the actual owner of record, or such owner's
agent, employee or other legal representative.
Property, "property" shall include any grounds,
lot, parcel, tract or other piece of land, as well as
any building or other structure located thereon,
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Public Nuisance, "Public Nuisance" shall mean
anything which is injurious to health, or is indecent
or offensive to the senses, or is an obstruction to
the free use of property, so as to interfere with the
comfortable enjoyment of life or property by a neigh-
borhood or by any considerable number of persons in
the city irrespective of whether the annoyance or
damage inflicted upon individuals is unequal,
Street Superintendent, "Street Superintendent"
shall mean the Director of Public Works of the City of
Seal Beach, California,
Sec, 14-2. Emission of noxious fumes or odors, It is I
hereby declared to be a public nuisance and unlawful for any
person to operate or maintain in the City any furnace, oven
drier, bleacher, evaporator, roaster or other heating, drying,
burning or charring device or apparatus, or any vat, storage
yard, warehouse, shed or place where any raw or manufactured
Ordinance Number "'-l~
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material or commodity is treated, dried, burned, charred or
stored, from which noxious fumes or odors are emitted which are
prejudicial to health or offensive to the senses, so as to
interfere with the comfortable enjoyment of life or property by
a neighborhood or by any considerable number of persons,
Sec. l4-3~ De ositin , etc., trash, arba e, etc"
upon beach or 1n ay, etc. It 1S hereby declare to e a
public nuisance and unlawful for any person to throw, deposit,
pipe, drain or otherwise cause to be placed any animal or
vegetable matter, dead fish, fish refuse, butchers' offal,
bones, flesh, food, fruit, garbage, rubbish, trash, dirt,
ashes, cinders, broken glass, crockery, tins, soap suds, oil,
asphaltum, distillate, or any other substance or material which
is, or might be, injurious to the health or life of any person,
in or upon any beach, or off any portion of any pier, or any
part of the Pacific Ocean, Alamitos Bay, or Anaheim Landing
Bay, within the City,
Sec. 14-4, in streets,
etc, It 1S here y be a pu l1c nU1sance and unlaw-
ful for any person to scatter, deposit, place, leave or other-
wise cause or permit the presence about any premises in the
City, or along the sidewalks, streets or alleys adjacent
thereto, any loose papers, rubbish, empty containers, remnants
of any food or other waste, trash or broken glass, nails,
tacks, dirt, or any other substance or material whose presence
at such location might result in injury or offense to any
person,
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Sec, 14-5. Spilling, etc" oil, etc" upon streets,
etc, It is hereby declared to be a public nuisance and unlaw-
ful for my person to cause or permit any oil, waste oil, oil
refuse, oil waste matter or any other petroleum product or
byproduct, to be or remain on the surface of any street, alley,
or sidewalk in the City, or on any private or public property
in the City, except in an oil sump property constructed to
contain and restrain such materials,
Sec, 14-6. Disturbing the peace, It is hereby
declared to be a public nuisance and unlawful for any person to
willfully disturb the peace and quiet of any neighborhood or
person in the City by emitting or causing to be emitted any
loud or unusual noises, or by offensive conduct, or by
threatening or challenging to fight or by fighting, or by using
vulgar, profane, or indecent language, or by carrying concealed
or otherwise without authority any pistol, revolver or firearm,
or by firing without just cause any pistol, revolver, shotgun
or firearm,
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Sec. 14-7, Obstruction of streets, etc,--
Generally. It is hereby declared to be a nuisance and unlawful
for any person to obstruct the use of streets, alleys, side-
walks, public ways or places or buildings in the City by caus-
ing or permitting to be placed, erected or otherwise set in
position any fence, post, or other barrier, or by sitting in or
upon any public hallway, or in or upon any public sidewalk or
public walkway area with any portion of their body extending or
protruding past the nearest property line adjoining the public
sidewalk or public walkway. This section does not prohibit
sitting on the seat of a bench placed upon a public hallway or
upon a public sidewalk with the approval of the City, or
Ordi nance Number /.2.19
standing on the sidewalk at a bus stop for the purpose of
boarding a bus,
Sec, 14-8. Encroachments, It is hereby declared to
be a public nuisance and unlawful to erect, maintain or
construct any building or other structure, in whole or in part, I
on or upon any sidewalk, alley, street, lane, court, park or
other public place which encroaches upon or obstruct in any
manner the free and open use thereof.
Sec, 14-9, Substandard or Dangerous Property Condi-
tions, It is hereby declared to be a public nuisance and
unlawful for any person who owns, leases, occupies or otherwise
has charge of any property in this City to cause or to allow
any condition thereon, or on an adjacent sidewalk, which
unreasonably increases the danger of fire or other calamity or
which results in substantial detriment to the property of
others in the immediate vicinity thereof, Such conditions
include but are not limited to the following:
(a) The presence of junk, trash, debris, building
materials, substantial quantities of loose earth, rocks, or
pieces of concrete;
(b) The presence of abandoned, ~iscarded, unused or
deteriorating materials, objects, or equipment, including but
not limited to furniture, bedding, machinery, packing boxes,
cans, containers, and vehicles;
(c) The presence of stagnant water, unrefilled I
excavations, eroded or eroding earth or sand which sloughs onto
adjoining sidewalks or street, or eroded or eroding earth or
sand which in normal weather conditions can be carried off or
blown from the property as dust;
(d) Any fence, structure, or landscaping which is
visible from any adjacent property, street, road, highway,
alley, or right-of-way which may detrimentally affect the
aesthetic and economic value of the property in the immediate
vicinity;
(e) The accumulation of any kind of combustible
material;
(f) Any building or other structure, or any struc-
tural component thereof, which is or are partially destroyed or
otherwise structually unsound;
(g) Any defective wiring, switches, gas lines,
valves, pipes or any other component parts of the electric,
gas, water, or plumbing systems; and
(h) Any dirt, rubbish, weeds, or other rank growth.
Sec. 14,10. Power to Declare a Public Nuisance, The I
City Council shall have the power to declare by ordinance or
resolution that a particular act or condition other than and in
addition to the foregoing constitutes a public nuisance which
must be abated.
Ordinance Number ,1~/~
Article II, Abatement
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Sec. 14-11, Abatement, The owner and the occupant of
any property within the boundaries of the City of Seal Beach,
California shall be jointly and severally responsible to abate
any condition or act which the City Council has declared by
ordinance or by resolution to be a public nuisance, If such
public nuisance has not been abated within the time prescribed
by this Chapter, the City Council may authorize the Street
Superintendent to remove, abate or destroy the same as
hereafter provided,
Sec, 14-12. Resolution. The City Council shall adopt
a resolution which declares that a public nuisance exists at or
upon a specified location within the City, Such a resolution
shall contain the following information.
(a) It shall refer to the street by its commonly
known name; and
(b) It shall describe the property upon which or in
front of which the nuisance exists by giving its lot and
block number according to the official or City assessment
map.
A resolution adopted pursuant to this section may
include any number of separate or contiguous streets,
sidewalks, or parcels of pr~vate property,
Sec, 14-13, Notice of Violation.
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(a) A Notice to Abate a Public Nuisance shall be in
writing, signed by the Director of Public Works and have
substantially the following form:
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Ordinance Numberl'~/~
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NOTICE TO ABATE PUBLIC NUISANCE
TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR
PERSON IN POSSESSION OF THE PROPERTY HEREAFTER DESCRIBED:
Lot
Block
Tract
YOUR ATTENTION IS HEREBY DIRECTED to the provisions of Chapter
14, Article I of the Code of the City of Seal Beach on file in
the Office of the City Clerk, Pursuant to the provisions of
said Article, you are hereby notified to correct within
of the date of this notice, on the property herein
before described, the following public nuisance:
Should you object to this notice you will have an
opportunity to do so at a hearing to be held before the Hearing
Officer on
o'clock, in the
, at
office of the Director of Public Works, 211 Eighth Street, Seal
Beach, California,
Please be advised that if you do not abate this
nuisance as directed by this notice, or as directed by the
Hearing Officer, that the City shall enter upon the property to
abate the public nuisance and that the City's costs thereby
incurred shall constitute a lien against the property,
Date:
Director of Public Works
City of Seal Beach
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Ordinance Number /..2./9
(b) If notice is to be posted, pursuant to
Section 14-15, the caption beginning "Notice to Abate" shall be
in letters at least one (1) inch in height,
Sec, 14-14, Notice, Notice may be given in any of
the following ways:
(a) Posted at or upon the property~
(b) Sent by prepaid mail to the owner and to the
occupant of the property described in the notice,
(c) Delivered personally to the owner and to the
occupant of the property described in the notice~
Sec. 14-15. Posted Notice.
conspicuously located on or in front
public nuisance exists in accordance
Posted notice shall be
of the property where the
with the following:
(a) One (1) notice to each separately owned parcel of
property whose frontage is not over fifty (50) feet~
(b) Not more than two (2) notices to any such parcel
whose frontage is one hundred (100) feet or less~ and
(c) At least one (1) notice per hundred (100) feet
for each such parcel whose frontage is greater than one hundred
(100) feet.
Notice shall be posted at least five (5) days prior to the time
for hearing objections by Hearing Officer to the proposed
abatement.
Sec, 14-16, Notice ba Mail. Mailed notice shall be
sent by registered or certifie mail, postage prepaid, to each
person to whom the described property is assessed in the last
equalized assessment roll and to the occupant of property
described in the notice,
The City Clerk may secure such information from the
county assessor pursuant to Government Code Section 39567,1.
Such a list shall be conclusively deemed to be the proper
address for the purpose of mailing such notice, The City shall
reimburse the county for the actual cost of furnishing this
list and such cost shall be included as a part of the costs of
abatement,
Notice shall be mailed at least five (5) days prior to
the time for hearing objections by the Hearing Officer to the
proposed abatement and shall conform in all respects to the
contents requirements of posted notice,
Sec, 14-17. Notice by Personal Delivery, Personally
delivered notice shall be made by leaving the notice at the
residence or place of business of the owner and of the occupant
of the property described in the notice, between the hours of
8:00 a.m, and 6:00 p.m" with some person of not less than
eighteen (18) years of age.
Sec, 14-18. Hearings, At the time stated in the
notice, the Hearing Officer shall hear and consider the
testimony of any interested person and shall accept and
~
Ordinance Numberl'~l'~
consider any other relevant evidence, Formal rules of evidence
shall not be applied, The Hearing Officer may continue such
hearing from time to time as it deems necessary,
Sec, 14-19, Decision of Hearing Officer The Hearing
Officer shall make a finding as to whether a public nuisance as
heretofore defined exists on the subject property, The Hearing I
Officer shall file a report of such decision with the City
Council of the City, If the Hearing Officer determines that a
public nuisance exists, the Hearing Officer shall order that
such nuisance must be abated within a specified time,
Sec, 14-20, Appeal of Hearing Officer's Decision,
The owner and the occupant of the property described in the
notice shall be notified in writing of the Hearing Officer's
decision within three (3) days of the final hearing and, if a
public nuisance is found.to exist, shall be given a written
Order to Abate and shall be informed in writing of a right of
appeal to the City Council, The owner or the occupant of the
property described in the notice may file an appeal with the
City Clerk of Seal Beach within fourteen (14) days of said
hearing, If no appeal is filed within such fourteen (14) day
period, the Hearing Officer's decision shall be final,
Sec. 14-21, Hearings of Appeals, An appeal shall be
placed on the agenda of the City Council and shall be posted to
provide public notice. The City Council shall hear such such
appeal at their next regularly scheduled meeting after the
public notice is posted.
The City Council shall hear and consider the testimony
of any interested person and shall accept and consier any
relevant evidence, Formal rules of evidence shall not be
applied, The City Council may continue such hearing from time
to time as it deems necessary.
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Sec, 14-22, Decision of City Council, The City
Council shall make a finding as to whether a nuisance as
heretofore defined exists, The owner and the occupant of the
property described in the notice shall be notified in writing
of the City Council's decision within three (3) days of the
final hearing and, if a nuisance is found to exist, shall be
given a written Order to Abate. The decision of the City
Council shall be final.
Sec, 14-23, Compliance, The owner or occupant of the
property described in the notice shall comply with an Order to
Abate within (i) the time specified by the Hearing Officer or,
if the Hearing Officer's decision was appealed, (ii) the time
specified by the City Council,
Notwithstanding compliance with an Order to Abate, the
owner and the occupant of the property described in the notice
shall in all events be jointly and severally liable to the City
for any costs which the City incurred in investigation,
boundary determination, measurement, and clerical and
associated administrative costs.
Sec, 14-24, Failure to Comply: Criminal Penalty,
Failure to comply with an Order to Abate within the time
specified shall be deemed a misdemeanor and upon conviction
thereof shall be punishable by a fine of not more than Five
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Ordi nance Number /.2.l'iJ
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Hundred Dollars ($500,00), or by imprisonment in the county
jail for a period of not more than six months, or by both such
fine and imprisonment,
Sec, 14-26, Failure to Comply: Abatement by City,
In addition to the criminal penalty provided in Section 14-24,
failure to comply with an Order to Abate within the time
specified may result in abatement by the City and the costs
thereof assessed against the property as hereinafter provided,
Sec, 14-27, Abatement by Street Superintendent, The
Street Superintendent shall keep an account and submit an
itemized written report of the costs of such abatement for each
separate parcel of land to the City Council for confirmation.
Sec, 14-28, Abatement by Private Contractor. The
City Council may award a contract to abate the public nuisance
to a private contractor pursuant to the procedures and
limitations set forth in Section 1010 of the Seal Beach
Official Charter relating to competitive bidding,
A private contractor awarded such a contract may enter
upon private property to abate a nuisance, The private con-
tractor shall keep an account and submit the itemized written
report for each separate parcel of land to the City Council for
confirmation,
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Sec, 14-29, Cost Report-Posting, A copy of the
itemized written report showing any costs incurred in investi-
gation, boundary determination, measurement, abatement costs,
and associated clerical and administrative work shall be posted
for at least three (3) days prior to its submission to the City
Council on or near the City Council's chamber door. The rep~rt
shall indicate the time and date of submission.
Sec. 14-30. Cost Report-Hearing. At the time of
submission, the City Council shall hear any objections of the
parties who are liable to be assessed for the City's costs,
Formal rules of evidence shall not apply at such hearing. The
City Council may modify the report as it deems necessary, The
City Council shall then confirm the report, as may be modified,
by resolution or motion, The decision of the City Council
shall be final.
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Sec. 14.31. Special Assessment and Lien. Costs of
abatement shall constitute a special assessment against that
parcel and after the assessment is confirmed shall be a lien on
the parcel,
Sec. 14.31. Collection of Costs, After confirmation
of the report, the assessment shall be collected in any of the
following ways:
(a) The owner or occupant- of the property described
in the notice may pay the amount due on the abatement to the
Street Superintendent after the confirmation of the report and
until ten (10) days before a copy of such report is given to
the City Assessor and Tax Collector, or, if certified copies
were filed with the county auditor, until August 1 following
the confirmation of the report,
(b) The County Tax Collector may collect the assess-
Ordi nance Number /..ll?
ments by issuing separate bills and receipts for the assess-
ments, or the amount of the assessment may be added to the next
regular tax bill levied against the parcel for ordinary
municipal purposes and be collected therewith at the time and
in the manner as ordinary municipal taxes, subject to the same
penalties and procedures of foreclosure and sale for delin-
quencies.
Notwithstanding the foregoing, the City Council may I
direct that the assessment be collected in successive annual
installments at the time and in the manner of ordinary munici-
pal taxes, Such installments would be subject to the same
penalties and procedures 'for foreclosure and sale for delin-
quencies applicable to ordinary municipal taxes, An assessment
payment made in installments may include interest on the unpaid
balance at a rate to be determined by the City Council,
See, 14-32, Refunds, The City Council may order a
refund of all or part of the assessment paid pursuant to this
article if it finds that all or part of the assessment had been
erroneously levied, An assessment or part thereof shall not be
refunded unless a claim is filed with the City Clerk on or
before six months after the assessment became due and
payable. Any claim shall be verified by the person who paid
the assessment, or his guardian, executor, or administrator.
PASSED, APPROVED AND ADOPTED this o?~~daY of ~~~ ~. '
1986.
OF CALIFORNIA )
CXllNTl/' OF o.llAN:iE ) SS
CITY' OF SEAL BEACH )
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OUN1'f,C.,
I, Joanne M. Yea, City Clerk of the City of , ~fornia, do
hereby certify tha~ .~foregoing ordinance is the .. copy of
Ordinance Number ~ on file in the ~ice of the ~~ty Cler~,
introduced at a meeti.n:J held on the /0 - day of /I t1./u1../'~
198~ passed, approved and adopted by the Cit~ J.l of 1:heC!ty
of BC'''('~at a mee' thereof held on the.;l, day of
dAl# ,1986 fol' vote:
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AYES:
Counci
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WFS:
eouncilnartlers
ABSENT: Councilnenbers -;<--L
and do hereby further certify that Ordinance Number /219 has been
published pursuant to the Seal Beach City Charter am Resblution
Number 2836.
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Ordinance Number~
PROOF OF PUBLICATION
(2015.5 C.t.P.)
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or Interested In the above.entltled matter, I
am the principal clerk of the printer of the
SEAL BEACH JOURNAL
....................................................
....................................................
a newspaper of general circulation. prinfed
. weekly
and published..................................
. Senl Ileach
In the City of ..................................
County of Orange, and which news.
. paper has been adjudged a newspaper
of general circulation by the Superior
Court of the Counfy of Orange. State of
California, under the date Of..~.~?~., 19 .~?.
A82583
Case Number ................: that the notice.
of which the annexed is a printed copy (set
in type not 'smaller than nonpareil), has
been published in each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates,
to.wlt :
~larch 19th,
....................................................
all in the year 19..~~..
I certify (or declare) under penalty of
.
periury that the foregoing Is true and
correct .
Dated at. .~~.~~..~~~~~~.........,. ............
27th ~larch 86
Califor~~,th~i... ..~. yof.........19.....
.......... ..... W.............
Sr n ure
Fru cop'.' o. 'his blanll: form ma, be .ecured 'rom:
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC.
Legal Advertising Clearing House
120 West Second SI,. Los Angeles, Calif. 90012
Telephone: 1213\ 625-2541
PI.al.reque" GENERAL I'too,., Publlutlon
when orderln.. 'hi. form.
.
This space Is for the County Clerk's Filing Stamp
Proof of Publication of
SID,;';AI:Y - o HID I 1\'AJl:CE KU.';IlJ';!~ 1219 !/:,GUL\l'I.\(i
..........................................................
PU!lLIC NtJI SA!\CES
..........................................................
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SUMMARY.ORmNANCE
NUMBER 1111 REGULATING
. Pll8LIC NUISANCES
Ordinance Number 1219 of the City of
Seal BelICh. estabhstunll regulations
for abatement of pubhc musances, in-
cluding dirt. weeds, rubbish and other
arowth on pnvate property. was in-
troduced at the regular City Council
""meeting of March 10. 1986 First
reading of Ordinance Number 1219
was approved oy tile follOWing vote
f.; AYES Brownell, Clift. Gfllas.
~ Risner Wilson
t" NOES None Motion camed
,
Orchnance Number 1219 Will receive
: second readmg and be conSidered for
"adoption at the regular City CounCil
'meebnlof March 24, 1986 Cop.esof
;Ordmance Number 1219are available
. ill the offIce of the City Clerk. City Hall.
f211 - 8th Street, Seal Beach
. telephone (213) 431-2527.
. DATED THIS 14th day of March.
11986 .
Joanne M Yeo. Clf)' Clerk -
City of Seal Beach
March 19. 1986
Published In the Seal Beach Journal
Ordinance Number/..219
,
PROOF OF PUBLICATION
(2015.5 C.C.P,)
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States a'nd a
resident of the County aforesaid; I am over
the age of eighteen ye"rs. and not a .party to
or Interested in the above-entltled matter. I
am the principal clerk of the printer of the
SEAL BEACH JOURNAL
....................................................
....................................................
a newspaper of general circulation, printed
and published ..!.~!~~.~.......................
in the City of ..................................
County of Orange. and which news.
paper has been adjudged a newspal'er
of general circulation by the Superior
Court of the County of Orange, State of
California. under the date of.Q~9...., 19 .Ii?.
Case Number ..~~.~~.~;5......; thatthe notice.
of which the annexed is a printed copy (set
in type not 'smaller than nonpareil), has
bee" published In each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
...........~~~~.!..~~............................
all in the year 19..~~,
I certify (or declare) under penalty of
perlury that the foregoing is true and
correct .
Dated at. ~~4l.t..~!!.I!P.I}.......... ...............
.~-;:.
J 19J1.ll.
Free c....... ,"ls ...n. form Iftay H IKU'. .......: J
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 West Second S"'. Los Angeles. Calif. 90012
Telephone: (2131 625-2541
....... _UH' GI!MI!.At. _II' ""III'.......
....n or..,..nt tllll ",M.
This space is for the County Clerk's Filing Stamp
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Proof of Publication of
Sli:,I~lARY - ORllHiANCE !\V:.!BI~R 1219
...~......................................................
J~":GULATJ\;G n:flLlC I\t:lS.L,"Ci,:S
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SUlllllAllY. __
NUIIIII!II Ill' . REGUUTING
PU8UC MUlSANCIB
OrdlnlftCl Numbw1219aftheCityaf
Sell Beac:h. Clhfornll, IIIbIblllhil1l _
regulations for abItIment of publIC
nuisances. mc:ludilll dirt, __I, rub-
bish and other arowth an pnvate PtO-
perty recelVlldsecondreadll'lland..
adopted at the rqul.r City CouncIl
meetlRl of Marett 24. 1986 by thi
followl" 'lOtI:
AYES; Brownell, Clift. Grps,
Rrsner. WII...
NOES:Naw ~on~
CopIes of Ordlr11nC8 Number 1219..
lVIillble In the Offlc:e d the en, CIIrk,
~ HoIl, 211 . 8th Street, Sell
Buell, Ielopholle (213)431.2527.
DATED THIS 28th dlY of MM:h.
i986
Joanne M. VIO, Cfty CI_
C,tyolSaI_
A,.,I 2. 1986
Published in the SNI BIICh Journal. It
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