Loading...
HomeMy WebLinkAboutCC Ord 783 1969-05-19 .. ' ORIGINAL O;-;"\CIAL COpy NOT TO r3~ T!'KF."I r- .0,"\ I THl: CITY CLl:RK'S OF~ICF. I 1'- .- " ~-~~~NANC::;N:EC=:: ~~EACH REXJUIRING THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSES- SION OF ANY LOT, PARCEL, TRACT, OR PIECE OF LAND TO KEEP SUCH LOT, PARCEL, TRACT, OR PIECE OF LAND FREE FROM ALL EXCESS EARTH, SOIL, GRASS, WEEDS, DEAD TREES, TIN CANS, RUBBISH, REFUSE, AND WASTE MATERIALS OF ALL KINDS. I I The City Council of the city of Seal Beach, California, a charter city, does ordain as follows: Section 1. Definition. "Sidewalk" as used in this article shall mean that strip of property lying in front of and between the curb line and property line of the adjoining or abutting lot, piece of parcel of land within the city and bounded on the sides by the prolongation in a straight line of the side lines of said lot, piece, or parcel of land in front of which such strip exists. Section 2. Duty to clean and maintain. It shall be unlawful for any person to fail, refuse, or neglect to keep the sidewalk in front of his house, place of business, or premises in a clean and wholesome condition. Section 3. Duty to remove unsanitary substances from sidewalks. It shall be the duty of the owner, agent of the owner, lessee, occupant, or person in possession of any lot, parcel, tract, or piece of land, improved or unimporved, in the city at once to remove from the sidewalk abutting or adjoining such lot, parcel, tract, or piece of land all loose earth, mounds 'of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete, rubbish, refuse, and waste material of any kind or other unsanitary substance, object or condition which may endanger or injure neighboring property or the health, safety, or welfare of the residents of the vicinity of such property, lands or lots, or which may obstruct such sidewalks and thereby endanger or injure persons traveling thereon. Section 4. Duty to remove unsanitary substances from lots and tracts. It shall be the duty of the owner, agent of the owner, lessee, occupant, or person in possession of any lot, parcel, tract, or piece of land, improved or unimproved, in the City to keep such lot, parcel, tract, or piece of land free ~rom all earth, soil, grass, weeds, dead trees, tin cans, rubbish, :refuse, and waste material of all kinds, or other unsanitary substances or objects which may en- danger or injure neighboring property :or the health, safety, or welfare of the residents of the vicinfty of such property. Section 5. Notice to clean. I Whenever the Director of Public Works shall find any earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse, or waste material of any kind, or other unsanitary substances or objects in or upon the sidewalk abutting or adjoining any lot, parcel, tract, or piece of land or in or upon any lot, parcel, tract, piece of land or grounds within the city which may endanger or injure neighboring property or the health, safety or welxare of the residents of the vicinity, or obstruct such sidewalks and thereby endanger or injure persons traveling thereon, he shall give, or cause to be given, notice to remove such waste material or other unsanitary substances or objects. Such notice shall be in writing, signed by the Director of Public Works, and have substantially the following form: I I I Ordinance Number .' -2- NOTICE TO CLEAN PREMISES TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PREMISES HEREINAFTER DESCRIBED: YOUR ATTENTION IS HEREBY DIRECTED to the provisions of Ordinance Number of the City of Seal Beach, California, on file in the office of the City Clerk. Pursuant to the provisions of said ordinance, you are hereby notified to at once, and in any event within ten"(10) days of the date of this notice, remove from the property hereinafter described, all grass, weeds, dead trees, tin cans, cement, concrete, rubbish, refuse, and waste material of all kinds and all other unsanitary substances and objects which may endanger or in9ure neighboring property or afford a refuge for rats or vermin or otherwise endanger or injure the health, safety or welfare of the residents in the vicinity of such property and thereafter keep the said premises free therefrom. In the event you shall fail so to do within the time hereinabove limited, the undersigned will cause the same to be so removed, and the charges therefor will be a lien upon said premises and upon the lot or parcel of land adjoining and abutting the side- walk in the event the sidewalk is to be cleaned. If you desire the City to do the work and charge you for it disregard this notice. The charge is only for the amount of actual costs. Before doing any of the work, it is suggested that you confer with this office in order to acquanit yourself with requirements. The said property is situated in the City of Seal Beach, California, and is described as follows: Lot Block Tract Dated at Seal Beach, California, this day of , Director of Public Works of the City of Seal Beach, California Such notice shall be given by delivering the same personally to the owner, agent of the owner, lessee, occupant or person in posses- sion of the premises described in the notice, or by depositing the notice in the United States mail at Seal Beach, California, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant, or person in possession of the lot, piece, or parcel of land therein described, at his last known address, and if no address is known or made known to the Director of Public Works, then the general delivery at Seal Beach, California. ' Section 6. Notice to clean: Appeal. within ten (10) days from the date of posting such notice, the owner, or any person interested in th~ property, land, or lots affected by such notice, may appeal to the Council on the require- ments thereof. Such appeal shall be in writing, shall state the objections of the person filing the same, shall be filed with the City Clerk and shall be by him presented to the Council at its next regular meeting. The Council shall thereupon proceed to hear and pass upon the appeal, and its decision thereupon shall be final and conclusive. I I I Ordinance Number , , -3- Section 7. Procedure on failure to clean. If the owner, agent of the owner, lessee, occupant or person in possession of the premises described in the notice shall fail to remove any of the waste materials or other unsanitary substances or objects from the property as described in the notice within the time therein limited, it shall be the duty of the Director of Public Works to remove such waste materials or other unsanitary substances or objects therefrom. The Director of Public works shall prepare a verified statement of the expense incurred by him for making such removal and shall place the same on file within ten (10) days after such removal. For each piece of property therein referred to, the statement shall show the number of the lot and block and the name of the tract or subdivision in which the lot lies, or shall describe the lot or parcel of land in any other way by which it may be easily identified and the cost of so cleaning the same. More than one lot may be set forth in one and the same statement. Section 8. Notice re equalization of weed and cleaning taxes. within two (2) days after the filing of the statement by the Director of Public Works in the office of the city Clerk, the City Clerk shall cause to be conspicuously posted in at least three (3) public places within the city a notice substantially in the follow- ing form: NOTICE RE EQUALIZATION OF WEED AND CLEANING TAXES NOTICE IS HEREBY GIVEN that the City Council of the City of Seal Beach, California, will, on the day of , in the Council Chamber in the City Hall, beginning at the hour of 8:00 p.m., of the said day, hear any protests or objections to weed or cleaning taxes, for the purpose of correcting, modifying or con- firming same, and the failure to make any objection thereto will be deemed a waiver of the same. A statement showing all property affected and the or charges against the same is now on file in the City Clerk at the City Hall and is open to public , respective taxes office of the inspection. Dated day of , 19 City Clerk I Section 9. Weed and cleaning taxes: Hearing. The council, sitting as a Board of Equalization at said hearing, which shall be held at the first regular meeting of the Council after the expiration of ten (10) days from the date of such notice, may modify or correct any weed or cleanin~ tax which in its opinion is excessive or otherwise incorrect. If no corrections or modifications are made, the weed and cleaning taxes Ishall be deemed confirmed, and the Council's decision thereon shall be conclusive, and the same shall thereupon become a lien against the property involved and against the premises or property abutting or adjoining the sidewalk, in the event the property cleaned shall have been ~he sidewalk, until paid. If any correction or modification in any ~eed or cleaning tax is made, the corrected or modified amount shall be deemed confirmed, and the Council's decision thereupon shall be conclusive, and the same shall become a lien against the property involved, and against the premises or property abutting or adjoining the sidewalk, in the event the property cleaned shall have been the sidewalk, until paid. I I I Ordinance Number , , . . ' -4- Section 10. Weed and cleaning taxes: Payment It shall be lawful for the owner, or other person interested in the premises on which any work has been performed under the provisions of this ordinance, to pay the costs thereof to the Director of Finance within sixty (60) days after the filing of the statement by the Director of Public works with the City Clerk. The Director of Finance shall cause all money collected pursuant to this section to be paid into the city treasury without delay, and shall notify the City Clerk and the Director of Public Works of such payment. Section 11. Weed and cleaning taxes: Filing. A statement of all amounts remaining 'unpaid at the end of the period of sixty (60) dyas, giving the description of the respective pieces or parcels of land upon which such charges exist, shall immediately be prepared by the Director of Finance, and shall be by him forwarded to and filed with the Auditor-Controller of the County of Orange who shall thereupon cause an entry to be made on the tax roll opposite the description of the property therein described as follows: "Weed and Cleaning Tax . .$ ,.. filling in the amount of the expense shown in the statements of the Director of Finance in each particular case, plus a penalty of twenty-five (25) per cent to cover the incidental expense of collection. The Auditor-Controller shall thereafter cause a corresponding entry to be made on the tax viII for such property, and thereafter before any payment shall be received for any tax for the redemption of the property, the amount of the week and cleaning tax shall first be paid. Section 12. Weed and cleaning taxesf Collection and enforcement. In all respects, other than as set forth in this ordinance, the weed and cleaning taxes shall be collected and the collection thereof enforced in the same manner, under the same conditions and pursuant to the same notices as other taxes upon real property in the City. section 13. Weed and cleaning taxes: Refunds. Any weed or cleaning taxes, penalties or costs paid more than once, or erroneously or illegally collected by reason of a clerical error, may, by order of the Council, be refunded by the Director of Finance: provided, however, that no order of the Council to refund weed or cleaning taxes, penalties or costs shall be made except upon a verified claim therefor filed within six (6) months after making of the payment sought to :be refunded, or in the case of a double assessment of such taxes, within two (2) years after such payment. Section 14. Weed and cleaning taxes: Waiver of formality and time. No assessment or act relating to the assessment of collection of weed or cleaning taxes shall be illegal on account of informality or because the same was not completed within the time required by law: nor shall any such taxes ever be held illegal on account thereof. I I I Ordinance Number , -5- Section 15. Right of entry. It shall be unlawful for any person, owner, lessee or agent in possession of any premises within the City to refuse to allow the Director of Public Works or his employees to enter upon such premises at any time during the hours of daylight for the purpose of removing any earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse or waste material or other unsanitary substances or objects which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property, or to interfere with the Director of Public Works or his employees in the work of removing any such earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse or waste material, or other unsanitary sub- stances or objects which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property in any manner whatsoever. Section 16. Alternate procedure. The provisions of Sections 13 through 26 of this ordinance shall not affect any proceedings commenced pursuant to Section 3 through Section 15 of this ordinance, but the provisions of Section 17 through Section 26 are intended to provide an alternate procedure. Section 17. Notice to clean. Whenever the Director of Public works shall find any loose earth, mounds of soil, dry grass, weeds, dead trees, abandoned con- crete or asphalt, tin cans, rubbish, refuse or waste material of any kind or other unsanitary substance, object or condition in or upon the sidewalk abutting or adjoining any lot, parcel. tract or piece of land in the City or in or upon any lot, parcel, tract, piece of land or grounds in the City which may endanger or injure neighbor- ing property or the public health, safety or welfare, or obstruct such sidewalks and thereby endanger or injure persons traveling thereon, he shall give, or cause to be given, notice to remove such loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, refuse or waste',material of any kind or other unsanitary substance, object or condition. Such notice shall be in writing, signed by the Director of Public works and have substantially the following form: NOTICE TO CLEAN PREMISES TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PREMISES HEREINAFTER DESCRIBED; YOUR ATTENTION IS HEREBY DIRECTED to the provisions of sections 17 through 23 of Ordinance Nu~er of the city of Seal Beach, California, on file in the office of the city Clerk. Pursuant to the provisions of the said sections, you are hereby notified to at once, and in any event within ten (10) days of the date of this notice, remove from the property hereinafter described all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete, rubbish, refuse and waste material of all kinds and all other unsanitary substances, objects, or conditions which may endanger or injure neighboring property or afford a refuge for rats or vermin or otherwise endanger or injure the public health, public safety or public welfare, and thereafter keep the said premises free therefrom. In the event you shall fail so to do within the time hereinabove limited, the undersigned will cause the same to be so removed and the charges therefor will be I I I Ordinance Number " .. . ~ '.' 'I::I.~'=. a lien upon said premises and upon the lot or parcel of land adjoining and abutting the sidewalk in the event the sidewalk is to be cleaned. The said property is situated in the City of Seal Beach, California, and is described as follows: Lot Block Tract If you desire the city to do the work and charge you for it, disregard this notice. The charge is only for the actual costs. Before doing any of the work, it is suggested that you confer with this office in order to acquaint yourself with requirements. Dated at Seal Beach, California, this day of , Director of Public Works of the City of Seal Beach, California Such notice shall be given by deliverying the same personally to the owner, agent of the owner, lessee, occupant, or person in possession of the premises described in said notice or by depositing it in the united States mail at Seal Beach, California, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant or person in possession of the lot, piece or parcel of land therein described, at his last known address, and if no address is known or made known to the Director of Public Works, then to General Delivery at Seal Beach, California. In the absence of fraud, no error or mistake in the sending of such notices, or any of them, and no failure on the part of any property owners to receive the same shall in any way affect the validity of the proceedings, but the person mailing such notice shall file his affidavit of mailing such notice, and such affadavit shall be conclusive evidence that such notices have been mailed as required. In the event such notice is given by the Director of Public Works as part of a general project to clean or improve ten (10) or more lots or parcels of land at anyone time, as, for e~ample, the annual cleaning of weeds from vacant ~ots, then, in addition to the foregoing postcard notices, the Director of Public works shall publish in the official newspaper of the City a general notice substantially in the following form: I NOTICE TO CLEAN PREMISES , TO THE OWNERS, AGENTS OF OWNERS, LESSEES, OCCUPANTS, OR PERSONS IN POSSESSION OF VACANT LOTS IN SEAL ~EACH, CALIFORNIA: YOUR ATTENTION IS HEREBY DIRECTED to the provisions of Ordinance Number of the City of Sea] Beach, Califomia, on file in the office of the City Clerk. 1 Pursuant to the provisions of said ordinance, you are hereby notified that the City is commencing its annual weed cleaning project. Postcard notices will be mailed to the owner, agent of the owner, lessee, occupant or person in possession of any lot, piece or parcel of land required to be cleaned and improved, Such notice will be mailed to the last known address, and if no address is known or made known to the Director of Public Works, such notice will be mailed to General Delivery at Seal Beach, California. Each such notice will require that within ten (10) days of the date of such notice all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt and concrete, rubbish, refuse and waste materials of all kinds and all other unsanitary substances, objects I I I Ordinance Number . . '. ~ . , . -7- or conditions which may endanger or injure neighboring property or afford a refuge for rats or vermin or otherwise endanger or injure the public health, safety or welfare shall be removed. Failure to receive such notices will not excuse failure to do the work therein required. You are advised to acquaint yourself with the provisions of said ordinance and with the requirements of the Director of Public Works and to leave your name and address at his office if you desire such postcard notice. Director of Public Works of the City of Seal Beach, California Such notice shall be published as required by the provisions of this section within seven (7) days, either before or after the date of first postcard notice is mailed, and on at least two (2) successive dates not less than five (5) days nor more than ten (10) days apart. Section 18. Notice to clean: Appeal. Within ten (10) days from the date of posting, publishing, serving or mailing such notice, whichever shall be last, the owner, or any person interested in the property, land or lots affected by such notice, may appeal to the Council on the requirements thereof. Such appeal shall be in writing, shall state the objections of the person filing the same, shall be filed with the City Clerk and shall be presented to the Council by him at its next regular meeting. The Council shall thereupon proceed to hear and pass upon the appeal, and its decision thereon shall be final conclusive. The Council shall thereupon, and after the expiration of ten (10) day period, determine by resolution whether the Director of Public Works shall proceed in accordance with the notice as given or as modified by the Council, or not all all, and its decision thereon shall be final and conclusive. Section 19. Procedure on failure to clean. If the owner, agent of the owner, lessee, occupant or person in possession of the property described in the notice shall fail to remove all such loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, refuse of waste material of any kind and every other unsanitary substance, object and condition which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property from the property described in such notice within the time therein limited or as extended by the Council, it shall be the duty of the Director of Public Works to remove all such loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, refuse and waste material of every kind, and every other unsanitary subs~ance, oQject or~condition from the property twice during the hear inlorder that such property shall not become a nuisance and shall not endanger neighboring property or the public health, safety or welfare, the Director of Public Works shall add to such statement a sufficient amount to make such removal, abate such nuisance and correct such condition. I I I Ordinance Number . .' -8- Section 20. Notice re equalization of cleaning assessments. Within ten (10) days after the filing of the statement by the Director of Public works in the office of the city Clerk, the City Clerk shall cause to be posted in at least three (3) public places within the city, a notice substantially in the following form: NOTICE RE EQUALIZATION OF WEED REMOVAL, NUISANCE ABATEMENT AND CLEANING ASSESSMENTS. NOTICE IS HEREBY GIVEN that the City Council of .the City of, Seal Beach, California, will on the day of , 19 , in the Council Chamber in the city Hall, beginning at the hour o~ 8:00 p.m., of said day, hear any protests or objections to weea removal, nuisance abatement and cleaning taxes for the purpose of correcting, modifying or confirming the same, and the failure to make any objection thereto will be deemed a waiver of the same. A statement showing all property affected and the respective taxes or charges against the same is now on file in the office of the City Clerk at the city Hall and is open to public inspection. Dated this day of , city CleIk Section 21. Cleaning assessments: Hearing. Any interested person objecting to the proposed assessment may file a written protest with the City Clerk on or before the date set for the hearing referred to in the notice. The City Clerk shall present to the Council all protests so filed with nim. The Council, sitting as a Board of Equalization at the hearing, which shall be held at the first regular meeting of the Council after the expiration of ten (10) days from the date of publication of the notice, may modify or correct any assessment which in its opinion is excessive or otherwise incorrect. If no corrections or modifications are made, the assessments shall be deemed confirmed, and the Council's decision thereon shall be conclusive. The respective assessments shall there- upon become a lien against the respective property involved and against the premises or property abutting or adjoining the sidewalk, in the event the property cleaned is the sidewalk, until the respec- tive assessments are paid. If any correction or modification in any assessment is made by the Council, the corrected or modified amount shall be deemed confirmed, and the Council's decision thereupon shall be conclusive, and the same shal~ thereupon become a lien as provided. Thereupon the Director of FInance shall send bills for the respective assessments. Any billsi unpaid at the end of thirty (30) days may be referred to the City Attorney and/or the Tax Collector for collection. Section 22. Filing of assessment roll. Upon receipt of the assessment roll, the Director of Finance shall record the same in a substantial book to be kept for that purpose in his office, and thirty (30) days from the date of the receipt by him of the assessment roll, all assessments unpaid shall become delinquent, and ten (10) per cent shall be added to the amount thereof, and sixty (60) days from the date of the receipt by him of the assessment roll, the various parcelS of land upon which the assessments are unpaid shall be sold. I I I Ordinance Number .. ~ . . .. " . ~ : . . . -9- Section 23. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person, firm, corporation, or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, sub- sections, sentence, clause, phrase, or portion be declared invalid or unconstitutional. Section 24. Effective date. This ordinance shall be effective thirty (30) days after adoption. Section 25. Ge~tif~cation and Posting. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted as required by law. ATTEST: ~~'td~ j, y Cl rk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys ~ir, City Clerk of the City of Seal Beach, California, hereby certify that the foregoing ordinance was passed, approved, and adopted by the City Council of the City of~each at a meeting thereof held on the 1'1 d day of "r-- ' 1969, by the following vote: ~ AYES: councilmenh,/ ..,..?~. "(2,,.....~)(l ::>~. ':;tt./~.-f - - -' NOES: Councilmen ~ Councilmen ~ ABSENT: c;;y.~J ~/.J,~~ . Clerk f.IJlRDYS WEIR. CI1Y CLERK OF THE CITY Or SEAl. I'DtH. 0'0 HEREBY CmnFY THAT THE r~~EOO1f} CPRIlNANCE IS THE ORIGINAL ORDINANr.E, 0..7._,_ MlWAS::POSTED PURSUANT TO ORDr.'WrCE IICQ.2:?.r.::oN THE ....../..,~____DAY c;:__~~L96? ,-t#da:t'7<!A'::V.J-"'';A~ __CIJ.'e\ CLERK.