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HomeMy WebLinkAboutNS-2300 - Revise City's Weed Abatement Regulations363 ORDINANCE NO. NS-2300 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 16-47, 16-49, 16-51, 16-52, 16-53, 16-54, 16-55, 16-56, 16- 59, AND 16-60 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE CITY'S WEED ABATEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 16-47 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. ~6-47. Definitions. Fo~ the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context indicates that a different meaning is intended: Brush. shrubs, or bushes. Branches of trees sheared therefrom, a thicket of The executive director of the finance the city or his or her designated director of the her designated city finance director. and management services of representative. city public works director. The executive public works agency of the city or his or representative. 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. 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 prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists. 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. 365 Private premises. Any dwelling, house, building or other structure, desigmed 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. Public place. Any and all Streets, sidewalks, boulevards, alleys or other public ways and any and all public squares, spaces, grounds and buildings. Rubbish. Scrap metals, junk, disassembled parts of automobiles or machinery, construction or demolition materials, debris, litter, paper, cardboard, metal cans, glass, out brush, dead trees, tree limbs and similar materials. 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. That section 16-49 of the Santa Ana Municipal Code noxious posting, SECTION 2: is hereby amended to read as follows: Sec. 16-49. Order and notice requiring removal of growths, rubbish, garbage--Time limit; mailing. (a) If and when it shall appear that noxious growths, rubbish or garbage have been placed upon or in front of private property in violation of any of the provisions of this article or of any other provisions of this Code, the city public works director 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, brush, rubbish or garbage 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 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. 2 367 (b) In addition to posting such notices, the city public works director 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, by depositing such notice in 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 article. Such notice shall be mailed not less than twenty (20) days prior to the date set for a hearing upon objections. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 16-51, which said section reads as follows: Sec. 16-51. Hearing. If the clerk of the council receives any appeals from the notice specified in section 16-50, the clerk shall set such appeals for public hearing by the city council and shall send written notices of such public hearing to all person filing such appeals. At the time and place stated in the notices, the city council shall hear and consider all objections to the proposed abatement work. At the conclusion of the hearing, the council shall allow or overrule any objections. SECTION 4: That section 16-52 of the Santa Ana Municipal Code is hereby amended to read as follows: Seo. I6-52. Abatement order--From oounoil. At the conclusion of said hearing, the council may order the city public works director to abate said nuisance by entering upon private property to abate and remove the same. SECTION 5: That section 16-53 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 16-53. Same--Service. The city public works director 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. 3 369 SECTION 6: That section 16-54 of the Santa Ana Municipal Code is hereby amended to read as follows: 16-54. Abatement action by city. The city public works director may cause the city's nuisance abatement work force or contractor to 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 article, the time allowed by said notice shall have expired, and no person shall have filed a written statement of objections as herein provided within ten (10) days after posting or mailing; in the event objections shall have been duly filed, and overruled by the city council, the city public works director may cause the city's nuisance abatement work force or contractor to 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 7: That section 16-55 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-55. Cost of abatement. (a) The city public works director shall keep a separate account of the cost of abatement in front of or on each individual lot or parcel of land where abatement work is done. 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 may hear the matter or refer it to a hearing officer under the provisions of Chapter 3 of the Santa Ana Municipal Code. (b) The city council may, by resolution, establish a standard administrative fee for parcels requiring nuisance abatement work by the city's nuisance abatement work force or contractor. Such fee shall be in addition to the direct cost of the abatement work and shall be in an amount reasonably determined to cover such costs as posting, inspection, contractor supervision, and the like. (¢) The city council may, by resolution, also standard charge for additional administrative costs requiring more than one notice of abatement in any period. establish a for parcels twelve-month 4 371 SECTION 8: That section 16-56 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-56. Receiving, receipting and billing for cost to city. The city finance director shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report. The city finance director may bill the owner of record directly at any time he shall desire. SECTION 9: That section 16-59 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-59. Same--Correction of error. (a) Any assessment erroneously made may be canceled 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 city public works director for review and report to the city finance director. If the city public works director shall determine that such assessment was erroneously made, in whole or in part, the city finance director shall request the 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 determined 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 persons to whom the abatement cost was assessed were the 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 pursuant to Chapter 3 of the Santa Ana Municipal Code; (4) If the city council shall find the disputed assessment to 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 hereinunder, 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 city public works director. (b) 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 16-55, 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 16-56 through 16-58 shall apply to such corrected assessments, except that the time for doing all things herein specified shall relate from the date of confirmation of the corrected assessment. SECTION 10: That section 16-60 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 16-60, Violation a public nuisance; remedies. Violation of thi~ article is declared to be a public nuisance which may be abated as Rrovided in part 3 of division 4 of the civil code of the state and in chapter 2 of title X of part 2 of the code of civil procedure of the state, which remedy shall be in addition to any other remedy provided in this article or by state law, including section 372 of the penal code of the state. SECTION 11: Until such time as a different fee or fees are provided by resolution of the city council, the standard administrative fee specified~in subsection (b) of section 16-55 of 6 the Santa Ana Municipal Code, as amended by this ordinance, shall be $350.00, and the additional charge specified in subsection (c) of said section shall be $35.00. SECTION 12: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 13: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affectihg any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 3rd day of September , 1996. ATTEST: orel Al ~u~iid[o - COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Non-Vote Lutz Aye McGuigan Aye Mills Aye Moreno Non-Vote APPROVED AS TO FORM: Richard E. Lay Acting City Attorney 7 '376 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance L)S -¢xg. Bd~ to be the original ordinance adopted by the City Council of the City ~,~---~ ; and that said ordinance was published in accordance of Santa Ana on with the Charter of the City of Santa Ana. Date: Clerk of the-~o'fincil City of Santa Aha