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HomeMy WebLinkAboutNS-1085ORDINANCE NS-1085 AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 16-7 PERTAINING TO THE AUTHORITY OF PUBLIC OFFICERS OR EMPLOYEES TO ISSUE CITATIONS AND AMENDING SECTIONS 16-46, 16-47, 16-48, 16-49 AND 16-50 PERTAINING TO GARBAGE, RUBBISH AND WEED ABATEMENT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: amended by adding follows: That the Santa Ana Municipal Code is hereby Section 16-7 to read in words and figures, as Sec. 16-7. Authority of Public Officers or Employees to Issue Citations. The following designated public officers and employees shall have the power to make arrests or in lieu thereof issue citations as provided by Sec. 836.5 of the California Penal Code for violations committed in their presence hereinafter provided: (1) The Director of Public Works, the Assistant Director of Public Works, the Construction Engineer and all Sanitation Inspectors shall have the power to issue citations for any violations of Sections 16-1 through 16-4 of the Chapter. SECTION 2: That Sections 16-46, 16-47, 16-48, 16-49 and 16-50 of the Santa Ana Municipal Code are hereby amended to read in words and figures, as follows: Sec. 16-46. Short title. This article shall be known and may be cited as the "Garbage, Rubbish and Weed Control Ordinance" of the City. Sec. 16-47. Definitions. For words, unless the purpose of this article, the following terms, phrases, and their derivations shall have the meanings given herein, the context indicates that a different meaning is intended: Lot. 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 between the curbline and the street line of said adjoining or abutting lot, bounded on the sides by the prolonga- tions in straight lines of the side lines of the lot in front of which such parkway or area exists. Private premises. Any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or con- tinuously 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. Public place. Any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public squares, spaces, grounds, and buildings. Brush. Branches of trees sheared therefrom, a thicket of shrubs, or bushes. Noxious growth. 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 life and health of the community. Street line. 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. Rubbish. Scrap metals, junk, disassembled parts of automobiles or machinery, construction or demolition materials, debris, litter, paper, cardboard, metal cans, glass, cut brush, dead trees, tree limbs, and similar materials. Garbage. Accumulations of animal, fruit, or vegetable matter, liquid, or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable. Sec. 16-48. Noxious qrowths prohibited; prima facie evidence. No person owning, managing, or having control or charge or occupancy of any lot or private premises, shall: (1) 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; (2) Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises; (3) Suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of six inches (6") above the grade in the area of growth. (4) Cause or permit rubbish or garbage to be placed or to exist upon such lot or private property. 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. (Code 1952, § 3842; Ord. No. NS-880, ~ 1, 6-5-67) Sec. 16-49. Order and notice requirinq removal of noxious growths - Time limit; posting, mailing. (a) If and when it shall appear that noxious growths, rubbish or garbage have been placed upon or in fro~of private property in violation of any of the provisions of this article or of any other provisions 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 frontof such property to the effect that such weeds, vines, shrubs, brush, rubbish or garbage must be removed within seven (7) days from and af~ter 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 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; (3) Notices shall be placed at intervals of not more than one hundred feet (100'), if the frontage of a parcel is greater than one hundred feet (100'), with one notice for each one hundred feet (100') of frontage. (b) 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, or upon the last equalized tax roll, best means for reaching the actual owner, through the United States mail; but the failure of the ownr to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this article. 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 16-51. Sec. 16-50. Same - Form. The headings of the notices shall be either "NOTICE TO DESTROY WEEDS~" or "NOTICE TO REMOVE ~UBBISH AND GARBAGE" in letters not less than one inch (1") in height. Said notices shall be in substantially the following forms: "NOTICE TO DESTROY WEEDS Notice is hereby given that, pursuant to Article III of Chapter 16, of the Santa Ana Municipal Code providing for the elimination of noxious growths such as weeds, vines, brush or shrubs growing upon or accumulated 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 of law. In the event these conditions are not abated by 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 Ana for the cost of such abatement, which may be recovered in a civil action." "NOTICE TO REMOVE RUBBISH AND GARBAGE Notice is hereby given that, pursuant to Article III of Chapter 16, of the Santa Ana Municipal Code providing for the removal of rubbish and garbage existing 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 of law. In the event these conditions are not abated by 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 possesion thereof, shall be liable to the City of Santa Ana for the cost 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 owner, manager, or persons having charge, control, or occupancy thereof to pro- secution 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 frontof which the same are removed or trimmed and will constitute a lien against such land until paid. Reference is hereby made to Article III of Chapter 16, 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. - 3 - Ail property owners having any objections to the proposed removal of said (noxious growths or weeds) (rubbish and garbage), as aforesaid, are hereby notified to file a written statement of such objections, specifying the address or description of the property concerned, the reasons for objections, and the name, address, phone number (if any), and status (owner, manager, lessee, tenant, or other) of the objector, which state- ment 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 posting of this notice." Upon receipt of such written state~nt, 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 subh objections. Such meeting shall not be sooner than three (3) days after the mailing of such notices. (Code 1952, § 3842.2; Ord. No. NS-880, ~ 1, 6-5-67) SECTION 3: That the Clerk of the Council shall certify to the passage of this Ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 4: That this Ordinance shall take effect thirty days from and after the date of its adoption, except as herein specifically provided. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 18th day of October, 1971. ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 4th day of Octobe~ 1971, and was again considered by said Council at its regular meeting held on the 18th day of October, 1971, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Evans, Markel, Patterson, Villa, Yamamoto, Griset NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Herrin - 4 CLERK oF THE COUNCIL