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HomeMy WebLinkAbout0854n ORDINANCE NO. 854 (1980 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ATTENDING SECTIONS 5220.5 AND 5220.6 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO INCREASE THE ADMINISTRATIVE CHARGE ASSESSED FOR CITY WEED AND DEBRIS ABATEMENT WORK FROM 20% TO 75% WHEREAS, Sections 5220, et seq. of the San Luis Obispo Municipal Code provide a procedure for notice to owners of property containing debris or weeds, as defined in Section 5220.1, to remove the debris and weeds, and upon the failure to so remove provided a procedure whereby the City removes the weeds and debris and thereupon assesses property owners for the cost of the city work; and WHEREAS, at the present time such assessment includes a 20% administrative charge designed to offset the Fire Department cost of administering the program; and WHEREAS, the Fire Chief in a memo dated April 22, 1930, attached hereto and marked Exhibit A, has demonstrated that the Fire Department's actual administrative costs are approximately 75 %; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. San Luis Obispo Municipal Code Sections 5220.5 and 5220.6 are hereby amended as follows: 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 pacel of land and the portions of streets adjoining the same and shall embody such account in a report and assess- ment list 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 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 75% administrative charge. (Ordinance No. 769 -1978 Series) SECTION 5220.6 Notice of Report and Hearing The City Clerk shall post a copy of such report and assessment list on or near the door of the Council Chamber of the City Hall, together with the notice of filing thereof and of. the time and place when and where it shall 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: 0 854 Ordinance No. 854 ASSESSMENT FOR DESTRUCTION.OF`�. REMOVAL OF FIRE HAZARD AND NOTICE OF HEARING THEREON (1980 Series) 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 real 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 proposed to be assessed against said property including a' >s. 75% administrative charge is $ NOTICE IS HEREBY FURTHER GIVEN that on the day of , 19 at the hour of m., in the Council Chambers of City Hall at 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 assessment list thereon will be presented to the City Council for consideration, correction, and confirmation and that at said time and place, any and all persons interested in or having any objections to said report or list of proposed assessments, or to any matter or thing contained therein, may appear and be heard. The failure to make any objection to said 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 _said on or before the 15th day of August following the aforesaid hearing, said assessment will be added to the tax bil for said property and thereafter shall become a 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 bear 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 confirmation of the assessment by the Council shall be final and conclusive. (Ordinance No. 769 -1978 Series) 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 r Ordinance No. 854 (1980 Series) a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 6th day of May 1980, on motion of Councih6an Bond , seconded by Councilwoman Billie , and on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper NOES: None ABSENT: None ATTEST: CITY CLE F T PATRICK APPROVED: / ,I - -!Z � City Adm -tra e Officer City Attorney Fire Chief Fin nce irec o R. ORDINANCE NO. 854 (19 80 Series) FINALLY PASSED this 20th day of May , 19 80, on motion of Councilman Bond , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Bond, Dunin, Billig, Munger and Mayor Cooper. NOES: None ' ABSENT: None ATTEST: City C c Fitzpatrick