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