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HomeMy WebLinkAbout0769z' ORDINANCE NO. 769 FINALLY PASSED this 15th day of August , 19 78 , on motion of Councilman Jorgensen seconded by Councilman Settle on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and i *12.2' NOES: Mayor Schwartz ABSENT: None ATTEST: itzpatrick, CITY CLERK ARTICLE V, CHAPTER 2 PART 2 - FIRE HAZARDS, WEEDS; ETC. SECTION 5220. FIRE HAZARDS. WEEDS, ETC. NOTICE TO REMOVE. Whenever the Fire Chief or his authorized representative shall find weeds, rubbish or similar material upon any property, lands or lots, in the City which, in his opinion, may become,a.fire hazard, endanger or injure..,,.,. _.. neighboring- property, or be detrimental to:.the health or welfare of the residents.of the vicinity of such property; - lands, or lots, he shall cause to be given to the owner of said Property `a notice to remove such weeds, rubbish or other material which may constitute a fire hazard or public. '°'`nuisance in the manner hereinafter provided in this part.; SECTION - 5220.1. DEFINITIONS. The following words and phrases when used in this part shall have the meanings respectively.as cited to them in this section: (a) ''Weeds" shall mean any of the following: I (1) Weeds which,.when mature, bear seeds of a downy or wingy nature; (2) Any brush -or weeds which attain such large growth-as to become, when dry, a fire menace to adjacent improved property;', -(3) Weeds which are otherwise noxious or dangerous; (4) Poison oak and poison ivy when the conditions are such .as to constitute a menace to the public health; and (51 Dry grass; stubble, brush, litter, or other.flammable material which endangers the public safety by creating a fire .hazard:. (b) "Debris" .shall mean waste matter, - litter, trash, refuse, rubbish, dirt, dry. grass, dead trees, tin cans, paper, waste material. "of every kind, or other unsanitary substance, object, or condition which is, or when dry may become, a fire hazard or: which is or may become a menace to health, safety, or welfare, or which is offensive to the. senses.. (c) '.'Street" shall include public streets, alleys ;:•parkways, driveways, sidewalks, ,and . areas between sidewalks and curbs. SECTION.:5220.2. WEEDS AND DEBRIS A PUBLIC NUISANCE. The Council declares.that all weeds;growing. upon private property or streets in the city.and all debris on private-property or streets in the" ' city are public nuisances. Also, it shall "be unlawful for any property.owner in the city to cause or permit any debris, to be or.remain on.any real property in the city or on portions of,streets adjoining such real property to the center line of such streets. It shall be the duty of every such person to remove or destroy such weeds and /or debris. Destruction by'burning. within the city shall be unlawful unless the written permission of _the Chief of the-Fire Department is first obtained. SECTION 5220..3.• NOTICE TO DESTROY OR REMOVE•WEEDS AND DEBRIS: In the event the person or persons owning, occupying, renting, managing, or. controlling any real property in the city shall fail to remove therefrom and from_`the portions of streets adjoining such property all.weeds :and debris in accordance with the provisions of this part, it shall be the duty of the City, Fire Chief to notify such person or persons to remove the same.. Such notice Shall be in .writing and shall be. deposited in the United States Post Office at San Luis Obispo; California, with postage thereon prepaid and addressed to such "owner at his last known place of address as shown on theeassessment roll.- ty, and if no °such address is there shown or is; of the City or of the.Coun known, then to General Delivery, San Luis Obispo, :California. If. such property is occupied and the mailing address thereof is different from that of the owner as shown on said, assessment roll, then an additional `copy'shall be similarly mailed to the occupant of such property at the mailing address thereof. Also, such notice shall- be,posted in a conspicuous place . upon the property, land or lot-upon which :'such weeds, rubbish. 'or similar ma -. _terial, are found. .Stich notice shall contain a description of such property, which description may be the number of the lot and block and the name,of the map:, :tract or subdivision in which such real property lies, or may be the street and number thereof, or may be any other description by. which the prop- erty„ may "be. reasonably and readily identified. One or more -lots or blocks of :.'land may be described in one-and -the same statement or notice. SECTION, 5220.4. DESTRUCTION AND REMOVAL OF WEEDS AND DEBRIS BY ,CITY. .'In the event the person or persons owning, occupying,. ..renting, managing, �or.controlling real-proper - ty in the city shall fail to-remove or destroy weeds. Arid °debris in accordance with the notice given pursuant to the provisions of .S'ection- 5220.3 of this part- within ten (10)`'calendar days after the mailing of such notice, it shall-be the duty of the Fire. Chief and his - deputies, assistants`, employees, contracting agents, or other representatives, including',, without limitation, members of.the public works department of the city, to `destroy or remove.such weeds and debris,,and "they, and each of them, are hereby expressly authorized to enter upon private property..:for such purpose, and; -it shall be unlawful for any person to interfere; hinder, or refuse to :allow them to enter upon private property for such purpose and to destroy or 'remove weeds and debris in accordance with the provisions of;this part. Any person owning, occupying, renting , -managing,'leasing,, -,or controlling real. property.in the city shall have.,-the right-to destroy or remove,weeds and debris, or have the same destroyed or removed at .his own expense., at any time prior to the arrival-of the.Fire Chief or his. authorized representative`for such purpose. SECTION 5220.5. ACCOUNT AND REPORT OF.COSTS. .; :. The Fire Chief shall keep an account of the costs. -to the City to destroy :or"remove weeds and debris, as provided_ -in Section 5220.4 of this part, for. each separate lot or parcel of land -and'the portions..of.streets adjoining the "same and shall embody such account in a report and assessment•lis.t to the Council,'which report shall be .filed with the City Clerk and'a copy thereof with -the Director of Finance. Such report shall refer to each separate lot r or parcel of land by description sufficient reasonably to identify the same, together with the expense proposed to be assessed against it, which shall include a 20% administrative charge. SECTION 5220.6. NOTICE OF REPORT AND HEARING. The City Clerk ,shall post a copy o'f such report and assessment list on or „nea.r the door of the Council Chamber of the City Hall, together with the notice of the filing thereof and of the time and place when and where it.. :will be.submitted to the Council for hearing and confirmation. The posting shall be-for at least five (5) calendar days prior to the submission of the report to the Council. The Fire Chief shall mail to the persons, and in the manner prescribed in Section 5220.3 of this part, a notice substantially in the-following form:. ASSESSMENT FOR DESTRICTION OR REMOVAL OF FIRE HAZARD AND NOTICE OF HEARING THEREON NOTICE IS HEREBY GIVEN that, pursuant to the provisions of.Article...V of the San Luis Obispo Municipal Code, the Fire Chief "has destroyed or. removed weeds and debris from the r.eal.property owned., occupied, rented, " managed,, or controlled by you and from the portions of streets,- alleys,.and sidewalks adjoining the same, which real property is.described as follows: (Here insert .description of real property sufficient for reasonable and ready identification.) . The cost of said destruction or removal prop.osed.to be. assessed against said property including a 20% administrative charge is.$ . NOTICE IS FUTHER HEREBY GIVEN that.on the day.of , 19 at the hour of m., in the Council Chambers -of City. Hall t.990 Palm Street, San Luis Obispo, California, the report of the Fire Chief ': on the cost of.destruction or removal of weeds and /or debris and the assess ment`:list:.thereon 'will be presented to the City Council for consideration, correction, and confirmation and that.at said time and place, any and all r ;persons .interested in or having- any. objections" to said report :,or list .or, proposed•assessments, or to any matter or thing contained therein, may appear and.be heard. The failure to make any objection..to: sad report and list shall be deemed. 'a waiver of the same. Upon confirmation of 'said assessment by the City Council ;the. amount thereon will be payable. In the event the same is. not paid on or.- before the 15th day of August following the aforesaid hearing,.sai.d assessment will be added to the tax bill for said property anal, thereafter shall become. lien :on,_said property. Dated': San Luis, .Obispo City Fire Chief" By Fire'Marshal At the time and place fixed for.receiving and considering the report, the Council shall hear the same, together with any protests or objections which may be raised by any interested person. Upon such hearing, the Council shall make -such corrections or modifications in any proposed assessment which shall be. confirmed by motion or resolution of the Council, -and the amount thereof shall constitute a lien on property assessed until paid. The`confir ". mation of the assessment by the Council shall be final and conclusive.