HomeMy WebLinkAbout0576a _DINANCE NO. 576 (1973 .,_.;Ties)
AN URGENCY ORDINANCE OF THE CITY OF
SAN LUIS OBI,SPOADDING TO THE MUNICIPAL
CODE AN ORDINANCE FOI', THE ABATEMENT
OF DANGEROUS OBSTRUCTIONS IN STREAMBEDS
DURING THE RAINY SEASON.
WHEREAS, disastrous floods have inflicted severe damage upon public and
private property within the City of San Luis Obispo twice in the past four years; and
WHEREAS, this Council finds that said floods have been aggravated by fallen
and floating trees, structures, and other things which clog drainage channels, bridges
and culverts and interfere with the free flow of water; and
WHEREAS, this Council finds that the public health, safety and welfare require
the enactment of an ordinance to provide a procedure for the summary removal from
streambeds during the rainy season of all trees, structures and other things which have
fallen, or are found to be in in-iminent danger of falling, into said streambeds, thereby
increasing the danger of flooding in subsequent storms;
NOVI, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
1. The Municipal Code of the City of San Luis Obispo is hereby amended by
adding to Article V, Chapter 2 thereof an Ordinance for the Abatement of Dangerous
Obstructions in Streambeds, consisting of Sections 5221.1 through 5221.7 as follows:
"5221.1. Title and Purpose: This ordinance shall be cited as the 'Ordinance for
the Abatement of Dangerous Obstructions in Strearnbeds'. It is the purpose of this
ordinance to provide a speedy, just, equitable and practicable method, to be cumulative
to any other remedy available at law or equity, whereby, during the rainy season each
year, the City may summarily remove, or require the removal of, structures, trees
and other things which have fallen, or which are in imminent danger of falling, into lakes,
creeks and streambeds within the City. Such summary removal is necessary because
fallen trees, structures, and other things tend to clog drainage channels, bridges and
culverts and to restrict and interfere with the free flow of water during periods of heavy
runoff, thereby creating an increased danger of flooding.
5221.2. Definitions: For the purposes of this ordinance, the following definitions
shall apply:
(1) 'Dangerous Obstruction' shall mean any tree, structure, debris,
or other thing with a maximum dimension of four feet or more which exists,
or which has fallen or is likely to fall during a subsequent flood or wind storm,
at a location within or along a streambed where said obstruction could cause
interference with or diversion of the stream flow, or could become water borne
during periods of heavy runoff; provided, however, that it shall not mean natural
rock or soil formations.
Ordinance No. 576 (V"', Series) -
Page 2
(2) 'Dry Season' shall mean the period extending from I\&y 1 through
October 31 of any given year.
(3) 'Rainy Season` shall mean the period extending from November 1 of
any given year through April 30 of the succeeding year.
(4) 'Subcommittee' shall mean any temporary committee appointed by the
Mayor from time to time to assist the City Engineer in evaluating whether or not
any live and standing tree constitutes a 'dangerous obstruction'. Each such
subcommittee shall be composed of two councilmen and one professional
horticulturist.
5221.3. Enforcing Authority: The City Engineer is hereby authorized to make
such inspections and take such action as may be required to enforce the provisions of
this ordinance; provided, however, that a decision by the City Engineer that any live and
standing tree constitutes a 'dangerous obstruction' shall be of no force and effect for the
purposes of this ordinance unless, and until, a majority of a subcommittee concurs in
said decision.
5221.4. Dry Season: Luring the period hla.y 1 through September 30 of each year
the City Engineer shall inspect all trees, structures and other things within and adjacent
to all streams, channels and watercourses within the City to determine whether or not any
such thing constitutes a `dangerous obstruction', as defined elsewhere herein. 1henever
he finds any such dangerous obstruction, he shall institute public nuisance abatement
proceedings for the removal of such obstruction as a hazard, as provided elsewhere in this
Code, in sufficient time to permit the completion of said abatement proceedings, including
appeals therefrom, before November 1 of said year.
5221.5. Rainy Season:
(1) Thereafter, during the period extending from November 1 of any
given year through April 30 of the succeeding year, the City Engineer, after
each storm or other occurrence which causes a flow in any stream equal to
one-half or more of the capacity of said stream, shall inspect said streambed
to determine whether or not there are any dangerous obstructions therein. Any
such dangerous obstruction found by him is hereby declared to be a public nuisance
which may be summarily abated pursuant to the following emergency procedures.
(2) The City Engineer shall notify the owner and resident of the real
property involved of the existence of a dangerous obstruction upon his property by
all of the following methods, where applicable:
r
Ordinance No. 576 (10'13 Series)
Page 3
(a) Posting notice adjacent to the main driveway entrance to
the property;
(b) Posting notice upon the main entrance of the principal residence
or business building upon said property;
(c) Sending notice by certified mail, return receipt requested, to
the person listed on the assessor's latest equalized roll as the owner
thereof; and
(d) Sending notice by certified mail, return receipt requested, to
the occupant of the principal residence upon said property, addressed to
the street address thereof.
(3) If no protest has been filed with the City Clerk by the owner or resident
of said property within five (5) days of the mailing of said letters and the posting
of said notices, the City or its contract agent may enter upon said property and
abate said dangerous obstruction. The costs of abatement shall be assessed as
a tax lien upon the property pursuant to the provisions of Municipal Code Sections
4400.12 through 4400.14.
(4) If the owner or resident files a protest within said five (5) day period,
the City Council shall meet in emergency session to determine whether or not
the tree, structure, or other thing in question constitutes a dangerous obstruction.
The decision of the City Council shall be final and the City may proceed with the
summary abatement of any such thing found to be a dangerous obstruction by the
City Council; provided, however, that the City shall first deliver written notice of
its intention to proceed-with abatement to any adult person found at the residence
address within the City of San Luis Obispo given by said owner or resident in said
protest, and, further provided, that said summary abatement shall not commence
until at least three (3) regular working days after the delivery of said notice. The
costs of abatement shall be assessed as a tax lien upon the property pursuant to
the provisions of Municipal Code Sections 4400.12 through 4400.14.
(5) Before the City summarily reu.vvc:s any obstructions under die provisions
of Paragraph 4, supra, the City shall prepare and file with the City Clerk a detailed
report setting forth its reasons for finding the existence of a 'dangerous obstruction',
Wherever possible, photographs should be provided to augment the report. The
report and photographs shall be public records available at all times for inspection
by the public.
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Ordinance No. 576 (10'1 Series)
Page 4
5221.6. Alternative Procedure for Rainy Season, Removal of Dangerous Obstruction
at Public Expense Pursuant to Owner's Prior Authorization:
On or before September 30 of each year, the owner of any real property within a
streambed may file written authorization with the City Engineer for the City to enter upon
his property and summarily remove any dangerous obstruction found on said property
during the ensuing rainy season, without the obligation of providing him with further notice
or opportunity to be heard. Said authorization would assist and expedite the City's efforts
to protect the public health, safety and welfare during the rainy season, and the City
Engineer is authorized to remove any such obstruction at City expense.
5221.7. Violations:
(1) It shall be unlawful for any person to remove, deface, or mutilate
any notice, order, statement, or resolution posted pursuant to the provisions of
this ordinance.
(2) It shall be unlawful for any person to obstruct, impede or interfere
with any owner or his agent or with any representative of the City when engaged
in performing any act reasonably necessary for the execution of any order of
abatement issued pursuant hereto. "
This ordinance is adopted as an urgency measure for preserving the public health,
safety and welfare, and it shall take effect upon its passage by at least four affirmative
votes. The reasons for urgency are that this City has just suffered its second disastrous
flood in four years, the rainy season is still in effect, and there is imminent and immediate
danger from existing dangerous obstructions if the City should experience another flood.
The City Clerk shall cause this ordinance to be published once within five days
in a newspaper of general circulation, but delay in publication, or even failure to publish,
shall not affect the validity of the ordinance.
INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis Obispo
at an Adjourned Regular Meeting thereof held on the 9th day of February, 1973, on motion
of Councilman Gurnee, seconded by Councilman Graham, and on the following roll call
vote:
AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
✓ter