Loading...
HomeMy WebLinkAbout0459.o Y. . i ORDINANCE NO. 459 (1969 Series) AN ORDINANCE ABATING OBSTRUCTIONS IN DRAINAGE CHANNELS AS A PUBLIC NUISANCE. SECTION 1: Article V, Chapter 2 of the San Luis Obispo Municipal Code is amended to add the following. 5220.10. Any structure, fence, conduit, wall, tree, masonry, pipe, lumber or other material which obstructs or constitutes a hazard to the free flow of water through a stream, drainage channel or watercourse is hereby declared to be a public nuisance. Any such public nuisance may be abated under the direction of the City Engineer fifteen (15) days after said official has caused a notice of the hazardous condition to be mailed to the concerned property owner or owners by registered mail return receipt requested with a five -day return requested and the cost of such removal shall, after confirmation by the City Council, constitute a lien and special assessment against the concerned parcel or parcels in accordance with Section 38773 and Section 38773.5 of the Government Code of the State of California, unless the property owner maintaining such nuisance files an appeal from the determination of the City Engineer to the City Council with the City Clerk within ten (10) days from the date of mailing the required notice to the property owner. In the event such an appeal to the City Council is filed, a hearing will be held before the City Council and no action shall be taken by the City Engineer to abate the condition which he has classified as a public nuisance until the City Council has announced its decision. At least ten (10) days prior to the date set for such hearing, the City Clerk shall mail a notice by certified or registered mail return receipt requested to the owner of the affected parcel or parcels as shown on the last equalized assessment roll. The owner of the real property on which the nuisance is located may appear in person at the hearing or present a written statement under penalty of perjury in time for consideration at the hearing explaining why, in his opinion, the condition of the property does not constitute a nuisance or why the cost of abating the public nuisance should not be assessed against the property upon which the nuisance is located. 5220.11. If the property owner fails to appeal to the City Council within the allotted time or if the City Council finds that the condition of the property noted by the City Engineer constitutes a public nuisance and that the property owner should be responsible for the cost of removing such nuisance, the full cost of abating said public nuisance shall be made a special assessment against the concerned parcel or parcels. f15 9 Ordinance No. 459 Page 2 The precise cost of said removal shall be announced and confirmed by the City Council at a duly noticed hearing of said Council as soon as the final costs have been ascertained. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subjected to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcerrent of municipal taxes shall be applicable to such special assessment. 5220.12 Any and all drainage improvements on private property must be approved by the City Engineer prior to installation. Failure to secure such approval shall render said improvements subject to the public nuisance abatement procedure set forth above. SECTION 2: This ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage in the Telegram -Tribune, a newspaper published and circulated in said City and the same shall go into effect immediately. The urgency nature of this ordinance is due to the imminency of the winter rains and the need to preserve public peace, health and safety and minimize possible flooding of properties near San Luis Creek such as occurred last winter. Furthermore, it is necessary that obstructions in drainage channels be removed promptly and that a method be available to charge the private property owners who have permitted such obstructions to remain on their property for the cost of abating such hazards as a public nuisance. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 20th day of October, 1969 on motion of Councilman Graham, seconded by Councilman Ste, and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None ATTEST: i FINALLY PASSED this 3rd day of November , 19 69 , by the following roll call vote: AYES: Councilmen Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None ATTEST: PROWN5 r�� -�'