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HomeMy WebLinkAboutOrdinances_1833_CCv0001.pdf ORDINANCE NO. 1833 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING THE REDLANDS ORDINANCE CODE; RELATING TO THE ABATEMENT CE WEEDS AND RUBBISH THE CITY COUNCIL CSE THE CITY OF REDLAND does ordain as follows SECTION ONE: That the Redlands Ordinance Code be amended by deleting the present Article 581, Weed Abatement,; as adapted by Ordinances Nos... 1371 and 1589 , and adding Article 581 , geed Abatement to read as follows: { µd WELFARE ABATEMENT OF Article 581 WEEDS AND RUBBISH CHAPTER 5 ABATEMENT OF WEEDS ANIS RUS81SH Article 581 . Weed Abatement 582 . 'Tree Trimmings AR'T'ICLE 581 Need Abatement 58100 . DUTIES OF FIRE CHIEF. The Fire Chief or his authorized representative is the public officer desig- nated to perform the duties by this ordinance. (1833) 58101 DEFINITION - FIRE HAZARD. All weeds, dry grasses , dead shrubs, dead trees, combustible rubbish, or any material growing upon the streets, sidewalks or upon private property within the City of Redlands which bears seeds of a wingy or downy nature, which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops, or other property, and weeds and grasses which, when dry, will in reasonable probability constitute such a fire hazard, are hereby declared to be a public nuisance. (1833): 58102. USEFUL GRASSES EXCLUDED. Cultivated, and useful grasses and pastures shall not be declared; a fire hazard. However, if the Fire Chief or his authorized repre- sentative shall determine it necessary to protect adjacent improved property from fire exposure, an adequate fire break may be required. (1833) 58103,. WASTE MATTER - NUISANCE . Waste matter as hereinafter defined , which by reason of its location and character would materially damper or interfere with the pre- vention or suppression of fire upon the premises,- is hereby declared to be a public nuisance . (,1833) 58104 . DEFINITION. Waste matter is defined for the purpose of this ordinance as unused or discarded matter, having no substantial market value, which is exposed to the elements and is notenclosedin any structure or otherwise concealed from public view, which possesses a substantial fire hazard to adjoining structures, and which consists (without limitation or exclusion by enumeration) of such ratter and material as 1/17/84 g tt g } 4111 WELFARE ABATEMENT OF § 58184 WEEDS ANIS RUBBISH Cont. (a) Combustible rubbish, crates , cartons. (b) Lumber not piled neatly, with proper access aisles If the Fire Chief or his authorized representative shall deter- mine that it is necessary to remove other discarded matter from the property so as to proceed with the most practical method of abatement of the nuisance, removal of such discarded matter is hereby authorized. (1833 58105 . PROCEDURE. if it is determined that a public nuisance, as herein defined, exists on any lot or pre- mises , or upon any sidewalk, parkway, or street adjacent to such lot or premises, the Chief of the Fire Department shall cause a notice to be issued to abate such nuisance. ,Such notice shall be headed "NOTICE TO CLEAN" PREMISES" in letters not less than one (1) inch in height and shall , in legible characters , direct the abatement of the nuisance as required by this ordinance. The notice shall provide that failure to abate the nuisance within fourteen (14) days will result in abatement by the City, and the notice shall further provide that a lien may be placed upon the property and that charges may be collected with the takes . Notices served by means other than posting as provided by this ordiannce shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance. (1888) The notice required by this ordinance may be served in any one of the following manners , (a) By personal service on the owner, occupant, or person in charge or control of the property, or (b) By regular nail addressed to the owner or person in charge; and control of the property, at the address shown on the last available assessment roll , or as otherwise known; or (c) By ;posting in a conspicuous place on the land or abutting public right-oafs-way, or, in the alternative, insertion of a legal advertise- ment at least once a week for the period of two weeks in a newspaper of general circula- tion ircul -tion in the Cite of Redlands, said newspaper advertisement shall be a general notice that property .in the City of Redlands has been posted in accordance with this ordinance and: 1,/17;/84 i 3 WELFARE ABATEMENT OF § 58105 WEEDS AND RUBBISH Cont. contain a general statement of the effect of such postings. The date of such newspaper advertisement shall not be considered in computing, the appeal periods provided by this ordinance. (1833) § 58106 . APPEAL. Within ten (d) days from the date of posting, m ilinq, or personal service of the required notice, the owner or person occupying or controlling such lot- or premises affected may appeal to the City Council of the City of Redlands . (1833) (a) At a regular meeting or regular adjourned meeting of the City Council_, not more than twenty ( 0) days thereafte=r, it; shall proceed to hear and pass upon such appeal , and the decision of the City Council thereupon shall be final and conclusive. (1.833) (b) It shall be the duty of the owner, the agent of the owner, or the person in charge of any lot or premises in the City of Redlands within ten (ICI) days from the date of notification as provided herein, or in the case of an appeal to the City Council, within ten (1 0) days from the determination thereof, unless the same i sustained, to remove the nuisance as stated. (1833) § 58107 .BATE IST R If the owner fails or neglects to remove the nuisance as herein defined within the time specified in this article, the Chief of the Fire: Depart- ment or his authorized representative shall cause such nuisance to be abated. The abatement work may be done by City crews or by private contractor. The Fire Department shall send` a demand for payment of the cost shown in the statement and paid by the. City, in addition to the service charge of $35 ,00 , to the owner of the property by pasting in the United dates mail , and may cause> a Statement of Lien; in the amount of the coast and service charge to be filed with the County Recorder of Can Bernardino County can each separate affected property. Liens 'shall thereafter be released immediately urian full payment to the City, or upon direction by the City Council of the City of Redlands. (1833)' (a) A report of the proceedings and an account of the unreimbursed cost of abating the nuisance on each separate property shall be filed with; the City Clerk can or before the tenth (10th 1/17/84 4; WELFARE ABATEMENT OF § 58107' WEEDS AND RUBBISH Cont. day of July following the abatement of the nuisance . The City Clerk shall thereupon set the reports and accounts for hearing before the City Council at the second regular of an adjourned or a special meeting in the month of July* following the abatement of the nuisance , and shall post a copy of said reports and accounts and notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the Redlands Safety Nall . (1833) (b) The City Council shall consider the reports and accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and, account. At the conclusion of the hearing, the City Council shall approve , correct, or modify the reports and accounts . The City Council shall adopt a resolution providing for the collection of said amounts along with the taxes upon the respective parcels of land as they are shown on the last available tax roll_. If within fire (5) days after the hearing before the City Council, payment is made by the property owner of the amount due for the abatement of the nuisance, the amount shall not be collected with the taxes and all Liens shall be released. (1833) (c) Not less than five (5) days after the hearing before; the City Council , but not after August l following the abatement of the nuisance, the City Clerk shall prepare and file with the County Auditor of the County of San Bernardino a certi- fied ertfied copy of said resolution of the City Council .. (1833) (d) The provisions of Section 3 580 to 39585, inclusive, of the Government Code are incorporated by reference and made a part of this ordinance. The County Auditor shall enter each assessment in the County tax rollopposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal tares; and if delinquent the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes. (1833)` Y 1/17/84 k�.i } 7ELF RE ABATEMENT OF § 58108 WEEDS AND RUBBISH 58108. CHEMICAL CONTROL. The City Council may, by resolution, find and declare that weeds on specified; parcels of property are seasonal and recurrent nuisances , that the efficient and economical control of such: nuisances requires preventive chemical control, and that the City may require preventive chemical control of the nuisances upon those parcels . The resolution shall refer to street addresses if such parcels front upon public streets, and if not, the resolution shall refer to lot and block numbers according to a recorded subdivision or parcel map. Whereafter,- the City shall nail postcard notices to the owners of the affected` parcels, as they and their addresses appear on the County ' s assessment roll. Each notice shall refer to and describe the property, state that weeds thereon have been declared by resolution to be seasonal and recurrent nuisances , and that the City will apply preventive chemical control and may file a lien and recover the cast with the taxes unless the owner supplies evidence of preventive chemical control: already applied. If acceptable evidence of preventive chemical control is not supplied by the owner, the City may apply the preventive chemical control and recover costs pursuant to the procedure applicable to weed abatement set forth in this chapter . (1833) 58109 . PENALTY. The owner, occupant, or agent of any lot or premises within the City of Redlands who shall.;, permit or allow the existence of a public nuisance as defined in this ordinance, upon any lot or premises owned, occupied, or controlled by him, or who shall violate any of the provisions of this ordinance, shall be guilty of a mis- demeanor and upon conviction thereof shall be subject to fine of not more than Five Hundred Dollars ($500 .00) , or to imprisonment for a period not exceeding six 3 months , o bath such fine and imprisonment (1833 1/17/84 41011 V qfll SECTION TWO: This ordinance shall be in force and take effect as provided by law. SECTION THREE: The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Redlands Daily Pacts, a newspaper of general circula- tion printed and published in the City of Redlands . Mayor OW�eC City yy co-,f� Redlands ATTEST: C t'yj' Cr(ir_k I, Lorrie Poyzer, City Clerk, City of Redlands , hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 17th day of January, 1984 , by the following vote: AYES : Councilmembers Johnson, DeMirjyn, Martinez; Mayor Beswick NOES.- None ABSENT: None C Ity Jerk ordinance No. 1833 Page six