Loading...
HomeMy WebLinkAboutNS-880ORDINANCE NS-880 ADDING PART 4 TO CHAPTER 8, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE CONTROL OF WEEDS AND NOXIOUS GROWTH WITHIN THE CITY OF SANTA ANA THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 8 of Article III of the Santa Ana Municipal Code is hereby amended by adding thereto Part 4 to read in words and figures as follows: Part 4 - Weed Control Regulations Section 3840. Title. This Part shall be known and may be cited as CONTROL ORDINANCE" of the City of Santa Ana. the "WEED Section 3841. Definitions. For the purpose of this Part, the following terms, phrases, words, and their derivations shall have the meaning given herein, unless the context indicates that a different meaning is intended. LOT shall mean any lot, parcel, tract, or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining said lot, parcel, tract, or piece of land; and the parkways, or areas lying b~tween the curb line and the street line of said adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists. Be PRIVATE PPdEMISES shall mean any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, or vestibule belonging or appurtenant to such dwelling, house, building, or other structure. Ce PUBLIC PLACE shall mean any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public squares, spaces, grounds, and buildings. D. BRUSH shall mean branches of trees sheared therefrom, a thicket of shrubs, or bushes. NOXIOUS GROWTH shall mean weeds, vines, or brush which bear seeds of a wingy or downy nature, or which attain a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the l~fe and health of the community. STREET LINE shall mean the boundary line between a public street right of way and an abutting lot or parcel of land, or between a private street open to public use and an abutting lot or parcel of land. -1- Section 3842. Noxious Growths. No person owning, managing, or having control or charge or occupancy of any lot or private premises, shall: (a) allow noxious growths or growths otherwise dangerous to the life, health, comfort, or convenience of the community, to grow or remain upon such lot or private premises; (b) sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises; (c) suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of six (6) inches above the grade in the area of growth. It is the duty of every such person to prevent such growth or existence. To establish a prima facie violation of this Section, it shall not be necessary to establish any facts except that the accused person owned, managed, or had charge, control, or occupancy of a lot or private premises whereon such condition existed or occurred. Section 3842.1. A. If and when Notice Requirinq Removal of Noxious Growths. it shall appear that noxious growths have been placed upon or are upon or in front of private property in violation of any of the provisions of this Part or of any other provision of this Code, the designated officer may, by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, or brush must be removed within seven (7) days from and after the date of such posting. Such notices shall be conspicuously posted on or in front of the property on or in front of which the condition exists, as follows: (1) One (1) notice shall be posted on or in front of each separately owned parcel; (2) Not more than two (2) notices shall be posted to any parcel of fifty (50) to one hundred (100) feet frontage are required; (3) Notices shall be placed at intervals of not more than one hundred (100) feet if the frontage of a parcel is greater than one hundred (100) feet, with one (1) notice for each one hundred (100) feet of frontage. In lieu of posting such notices, the designated officer may send a similar notice to the owner of the subject property as shown upon any City record,~rupon the last equalized tax roll, at his last known address, whichever he shall determine to be the best means for reaching the actual owner, through the United States mail; but the failure of the owner to receive such notice shall not affect the power of the City or its officers or employees to proceed as provided in this Part. Such notice shall be mailed not less than ten (10) days prior to the date set for a hearing upon objections as provided in Section 3842.3 of this Code. Section 3842.2. No~tce Form. The heading of the notice in letters not less than one shall be in substantially the shall be "NOTICE TO DESTROY WEEDS" (1) inch in height. Said notice following form: "NOTICE TO DESTROY WEEDS Notice is hereby given that, pursuant to Part 4 of Chapter 8, Article III, of the Santa Ana Municipal Code providing for the elimination of noxious growths such as -2- weeds, vines, brush, or shrubs growing upon or accumu- lated upon or in front of this property, and obstructing the use of sidewalks, parkways, or streets, or dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity, you are notified that such conditions exist upon this property in violation o~ law. In the event these conditions are not a~ated ~y you within ten (10) days from the date hereon, the City may abate said illegal conditions and the owner of such place or premises, or the person having control or possession thereof, shall be liable to the City of Santa Aha for the costs of such abatement, which may be recovered in a civil action." If written notice is to be given in addition to the above notice, a description of the conditions and the following information is to be included in said notice: a description of the property, by tax description, street address, lot number, parcel number, or other description sufficient to identify the premises; such additional, mailed, notice shall also state in substance the following: "Said conditions shall subject the owners, managers, or persons having charge, control, or occupancy thereof to prosecution and to a possible fine and imprisonment. In addition, such conditions constitute a public nuisance which must be abated by the removal thereof, or the cutting of oversize growths. Otherwise, such conditions will be corrected and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of wh~h the same are removed or trimmed and will constitute a lien against such land until paid. Reference is hereby made to Part 4 of Chapter 8, Article III, of the Santa Ana Municipal Code above referred to for further particulars. A copy of said Code is on file in the office of the Clerk of the Council, City Hall, Santa Ana, California. "All property owners having any objections to the proposed removal of said noxious growths or weeds, as aforesaid, are hereby notified to file a written statement of such objections, specifying the address or description of the property con- cerned, the reasons for objections, and the name, address, phone number (if any), and status (owner, manager, lessee, tenant, or other) of the objector, which statement shall be filed with the Clerk of the Council not later than the day of , 19 , a date more than five (5) days after the postin~ of this notice. "Upon receipt of such written statement, the Clerk of the Council will set such matter upon the Agenda of a committee of the City Council appointed by the Mayor and objectors will be notified by mail of the time and place of the meeting at which said committee will hear 'and consider such objections. Such meeting shall not be sooner than three (3) days after the mailing of such notices." Section 3842.3. Hearinq. At the time and place stated in the notices mailed by the Clerk of the Council, the committee of the City Council shall hear and consider all objections to the proposed removal or correction of said public nuisance or conditions. ~hey may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the committee shall allow or overrule any objections. The decision of the committee shall be final and conslusive. -3- Section 3842.4. Abatement Order. At the conclusion of said hearing, the committee may order the designated officer to abate said nuisance by entering upon private property to abate and remove the same. Section 3842.5. Service of Order. The designated officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of mailing, said officer will abate the same and will, if necessary, enter upon or into the private property of said person without further notice or liability therefor in order to abate said nuisance. Section 3842.6. Abatement by City. The Fire Chief, or his designated officers, or an official designated by the City Manager, may enter upon any private property and abate any nuisance found thereon, or in front thereof, provided ten (10) days Notice to Abate such nuisance shall have been posted or mailed as required by this Part, the time allowed by said Notice shall have expired, and no person shall have filed a written state- ment of objections as herein provided within seven (7) days after posting or mailing; in the event objections shall have been duly filed, and overruled by the committee, such designated officer may enter upon any such private property and, in accordance with the order of the City, abate the nuisance found thereon, or in front thereof. Section 3842.7. Cost of Abatement. Said designated officer shall keep a separate account of the cost of abatement in front of or on each individual lot or parcel of land where the work is done by him. He shall submit to the City Manager for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three (3) days prior to its submission to the City Council on or near the Council Chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the City Council shall hear it and shall hear any objections of the property owners liable to be assessed for the abatement. The City Council may modify the report if it is deemed necessary and shall then confirm the report. Section 3842.8. Special Assessments. Lien. The cost of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed, it is a lien on the lot or parcel. Section 3842.9. Cost Assessment. After confirmation of a report, a certified copy of the same shall be filed with the County Auditor on or before August 10th of each year. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's Map Book for the current year. The County Auditor shall enter each assessment on -4- the County Tax Roll opposite the parcel of land. 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 procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection, and enforcement of County taxes shall apply to such special assessment taxes. Section 3842.10. Cost Paid to City. The designated officer shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report. Said designated officer may bill the owner of record directly at any time he shall desire. Section 3842.11. Correction of Erroneous Assessments. A. Any assessment erroneously made may be cancelled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure: (1) A claim of error may be filed with the Clerk of the Council at any time before the expiration of one year following April 10th of the tax year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the Clerk of the Council, and shall be verified; (2) Any claim filed shall be forwarded to the designated officer for review and report to the City Finance Director. If the designated officer shall determine that such assess- ment was erroneously made, in whole or in part, the City Finance Director shall request the Orange County Board of Supervisors to direct the County Auditor-Controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the City Finance Director shall be authority for the Auditor-Controller so to correct the tax rolls. If such assessment shall have been paid, the part deter- mined to be erroneously levied shall be refunded to the person who paid the same, by the City Finance Director. In lieu of proof otherwise, the City Finance Director may presume that the person or persons to whom the abatement cost was assessed was the person or persons who paid the same; (3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty (60) days after the filing of the same, or whose claim is denied, in whole or in part, in writing, by the City Finance Director, may, within ten (10) days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the City Council by written letter filed with the Clerk of the Council. (4) The City Council shall consider such disputed assessment at an open meeting, upon reasonable notice to the claimant, and shall afford the claimant an opportunity to be heard. If the City Council shall find the disputed assessment to -5- be erroneous in whole or in part, it may direct the City Finance Director to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds; (5) Not later than thirty (30) days after the correction of any assessment or refund of any monies hereunder, except by direction of the City Council, the City Finance Director shall transmit to the City Council a report of such action, together with the report of the designated officer. Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by Section 3842.7, relating to the work for which such erroneous assessment was levied, may be prepared by the officer who prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment roll. In all other respects, Sections 3842.8 through 3842.10 shall apply to such corrected assessments, except that the time for doing all things therein specified shall relate from the date of confirmation of the corrected assessment. Section 3843. violation a Public Nuisance. violation of this Part is hereby declared to be a public nuisance which may be abated as provided in Part 3 of Division 4 of the Civil Code of the State of California and in Chapter 2 of Part 2 of the Code of Civil Procedure of the State of california, which remedy shall be in addition to any other remedy provided in this Part or by State law, including Section 372 of the Penal Code of the State. SECTION 2: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the ~th day of June ,.~ ,-~67. CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, California; that the foregoing Ordinance was regularly introduced to said Council at its regular meeting held on the 15%h day of May , 1967, and was again considered by said Council at its regular meeting held on the 5th day of Sune , 1967, and at said meeting was regularly passed and adopted by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: Herrin~ Brooks~ Carlson~ Griset~ Markel~ Thurman~ McMichael None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL -6-