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HomeMy WebLinkAbout0739ORDINANCE NO. 739 (1978 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE ARTICLE V, CHAPTER 3, ABATEMENT OF DANGEROUS OBSTRUCTIONS IN STREAM - BEDS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Municipal Code Article V, Chapter 3, Abatement of Dangerous Obstructions in Streambeds,is hereby amended to read as follows: (See attached text.) SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT this 3rd day of January , 1978, on motion of Mayor Schwartz , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Dunin ATTEST: C' C e J.H. Fitzpatrick Approved as to form: Approved as to content: WENDT, MITCHELL, NSHEIMER, de la MOTTE & LILL Y City Attorney By Allen Grimes Director of Public Services/ Associate Administrative Officer 0 739 ARTICLE V, CHAPTER 3 ABATEMENT OF DANGEROUS OBSTRUCTIONS IN STREAMBEDS SECTION 5221.1. TITLE AND PURPOSE. This Chapter shall be cited as "Regulations for the Abatement of Dangerous Obstructions in Streambeds." It is the purpose of this Chapter to provide a speedy, just, equitable and practicable method, to be cumu- lative 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, ail 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. SECTION 5221.2. DEFINITIONS. For the purposes of this Chapter, 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. (2) "Dry Season" shall mean the period extending from May 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) "Subdo- mmittee" -shall mean a temporary committee appointed by the City Council from time to time to assist the Director of Public Services in evaluating whether or not any live and standing tree constitutes a "dangerous obstruction." SECTION 5221.3. ENFORCING AUTHORITY. The Director of Public Services is hereby authorized to make such in- spections and take such action as may be required to enforce the provisions of this Chapter; provided, however, that a decision by the Director of Public Services that any live and standing tree constitutes a "dangerous obstruction" shall be of no force and effect for the purposes of this Chapter unless, and until, a majority of a subcommittee concurs in said decision. SECTION 5221.4. DRY SEASON. During the period May 1 through September 30 of each year, the Director of Public Services 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. Whenever he finds any such dangerous obstruction, he shall institute public nuisance abatement pro- ceedings 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. SECTION 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 Director of Public Services, 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 Director of Public Services 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: (a) Posting notice adjacent to the main driveway entrance to the property; (b) Posting notice upon the main entrance of the prinicipal rekdence 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 to 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 Section 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 pro- ceed with abatement to any adult person found at the residence address within the City 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 removes any obstructions under the 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, photo- graphs should be provided to augment the report. The report and photo- graphs shall be public records available at all times for inspection by the public. SECTION 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 Director of Public Services for the City to enter upon his property and summarily re- move 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 effort to protect the public health, safety and welfare during the rainy season, and the Director of Public Services is authorized to remove any such obstruction at City expense. SECTION 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 pro- visions of this Chapter. (2) It shall be unlawful for any person to obstruct, impede or inter- fere 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. ORDINANCE NO. 739 FINALLY PASSED this 17th day of January , 1978 , on motion of Councilman Jorgensen seconded by 0 Councilman Settle on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None ATTEST: J. Hipatrick, CITY CLERK