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Home My WebLink AboutORD 500ORD 500Ì¤<žjh£Ÿj¾f¼IORDINANCE NO. 500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING REGULATIONS PERTAINING TO WEED AND RUBBISH ABATEMENT PROCEDURES. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Part 2 is hereby added to Chapter 2 of Article III, entitled Weed and Rubbish Abatement Procedure", consisting of Sections 3250 through 3262, inclusive, to read as follows: 3250. DEFINITIONS. For the purpose of this Part, the following words shall be defined as hereinafter set forth: a) CHIEF ADMINISTRATIVE OFFICER shall mean the duly appointed Chief Administrative Officer of City; b) CITY shall mean the City of Baldwin Park; c) COUNCIL shall mean the City Council of City; d) ENGINEER shall mean the duly appointed City Engineer of City; e) NOTICES required hereunder shall mean, written notices given by United States mail, postage prepaid, addressed to the owner of the affected property at his last address as shown on the current equalized assessment roll in effect at the time of the giving of such notice, or at such other address as may be known by the City Engineer; service of such notice shall be deemed complete when the same is placed in the course of transmission of the United States Postal Service; f) NUISANCE OR PUBLIC NUISANCE shall mean an accumulation of rubbish which may constitute a fire hazard or health menace, and is located on private property, or on a sidewalk or parkway adjacent to privately owned property; g) POSTING where required hereunder shall mean the conspicuous posting of a written notice of proceedings, on or in front of the property which is likely to be assessed for the abatement of the nuisance; h) PRIVATE PROPERTY shall mean real property located in, or immediately adjacent to the City^s boundaries, which is owned by a person other than the City; i) RUBBISH shall mean and include weeds, refuse, debris, or other similar material which may constitute a fire or health hazard; I A U / l i^T r-ADT-'^-..... J."......1...,..'?. 1. OW t^AOMGi. i.0.^11~.fp..1 i——————————————— BIB] 37946-U01 ORD-U02 500-U02 LI2-U03 FO31549-U03 FO31550-U03 DO31551-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 500Ì¤<žjh£Ÿj¾f¼IORDINANCE NO. 500 Page 2 j) WEEDS shall mean any vegetation which bears seeds of a downy or wingy nature, sagebrush, chaparral, dried grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard or health menace." 3251. PURPOSE OF THIS PART. The purpose of this Part is to require and provide for the following: a) the removal of rubbish from sidewalks and parkways and to make the cost of such removal a lien upon abutting properties; and b) the removal of rubbish from private property and to make the cost of such removal a lien upon the property where located." 3252. DECLARATION OF NUISANCE. When- ever the City Engineer reasonably believes a nuisance exists, he shall commence abatement proceedings as herein provided." 3253. NOTICE OF HEARING. Where the Engineer finds that such a nuisance exists, he shall give not less than seven 7) days written notice of the hearing to determine whether a nuisance exists, to the owners of affected properties, and by posting of such notice on and adjacent to such properties. The notice shall indicate the nature of the alleged nuisance, the description of the property involved, the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance." 3254. CONDUCT OF HEARING. The hearing to determine whether a nuisance exists shall be conducted by the Chief Administrative Officer who shall act as the Hearing Officer. At such hearing, the Chief Administrative Officer shall consider all relevant evidence, including, but not limited to, applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Chief Administrative Officer shall determine whether a nuisance, within the meaning of Section 3250 et seq. hereof, exists." 3255. ORDER OF ABATEMENT. The decision of the Chief Administrative Officer shall be final and conclusive in the absence of an appeal as hereinafter provided. The Chief Administrative BIB] 37946-U01 ORD-U02 500-U02 LI2-U03 FO31549-U03 FO31550-U03 DO31551-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 500Ì¤<žjh£Ÿj¾f¼IORDINANCE NO. 500 Page 3 Officer shall, within two working days, give written notice of his decision to the appli- cant and to any other person requesting the same; said notice shall contain an Order of Abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement. Where an appeal is filed as hereinafter provided, such Order of Abatement shall be suspended pending the review of such determination in the manner hereinafter set forth." 3256. APPEAL. The decision of the Chief Administrative Officer shall be subject to review by the City Council, if a written appeal is filed, by any person aggrieved thereby, with the City Clerk. Such written letter of appeal shall briefly outline the reasons for the appeal and any other relevant material. Such appeal shall be deemed timely only if the same is filed within ten 10) days of the date of mailing the Chief Adminis- trative Officer's notice of decision." 3257. APPEAL. HEARING. Upon receipt of a timely appeal, the City Clerk shall set the same for hearing on the next most convenient City Council agenda, and shall give the appealing party, and any other person requesting the same, at least three 3) days written notice of the time and place of such hearing. At the time set for hearing, the City Council shall hear and consider all relevant evidence including, but not limited to, staff reports and a summary of the testimony given at the hearing before the Chief Administrative Officer. The Council shall determine, de novo, whether a nuisance exists. The Council's decision shall be by resolution, which shall contain informal findings upon which said determination is based. The resolution shall also recite the time and manner of abatement of the nuisance, if one is found to exist; if no time is stated, the property owner shall abate the same within ten 10) days after the mailing of a copy of the resolution to the affected property owner. If such nuisance is not abated in the time and manner set forth in said resolution, the City Engineer is hereby expressly authorized and directed to enter upon the premises for the purpose of abating such nuisance." BIB] 37946-U01 ORD-U02 500-U02 LI2-U03 FO31549-U03 FO31550-U03 DO31551-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 500Ì¤<žjh£Ÿj¾f¼IORDINANCE NO. 500 Page 4 3258. COUNCIL DECISION. A certified copy of the Council's resolution shall be mailed to the applicant, and to any other person requesting the same, by the City Clerk within two 2) working days after the said resolution has been adopted. The Council's decision shall be final and conclusive." 3259. SAME. RECORD OF COST OF ABATEMENT. The City Engineer shall keep an accounting of the cost, including incidental expenses, where abatement of such nuisance has been done by the City, and shall render an itemized report in writing to the City Council showing the cost of abatement, including salvage value, if any. Provided, that before said report is submitted to said City Council for confirmation, a copy of the same shall be served, at least five 5) days in advance of the Council's hearing there- on, together with a notice of the time when said report shall be submitted to the City Council for confirmation. The term incidental expenses' shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder. rr 3260. SAME. REPORT HEARING AND PROCEEDINGS. At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the City Engineer, together with any objections or protests, which must be in writing, submitted by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon the City Council may make such revision, correction or modification to said report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the City Council shall be final and conclusive." 3261. SAME. ASSESSMENT OF COSTS AGAINST PROPERTY, LIEN. The amount of the cost for abate- ment of such nuisance upon any lot or parcel of land, including incidental expenses, as confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land, to which it relates, and after its recording in the office of the Los Angeles County Recorder as thus made and confirmed, shall constitute a lien on said property in the amount of such assessment. After the confirmation of said report, a copy thereof shall be transmitted to the Assessor and Tax Collector for the City, BIB] 37946-U01 ORD-U02 500-U02 LI2-U03 FO31549-U03 FO31550-U03 DO31551-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 500Ì¤<žjh£Ÿj¾f¼IORDINANCE NO. 500 Page 5 whereupon it shall be the duty of said Assessor and Tax Collector to add the amounts of such assessment or assessments, to the next regular bill of taxes levied against the said respective lots and parcels of land for municipal purposes, and there- after said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.n 3262. SAME. ALTERNATES. Nothing in this Chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil action to abate a nuisance as an alternative to or in conjunction with, the proceedings herein set forth." SECTION 2. That the City Clerk shall certify to the adoption of this Ordinance and shall publish the same in the manner prescribed by law. PASSED AND APPROVED this 8 day of October______^ 1957 \ L^^ /^^J^^. HSYOK————————————~ ATTEST: BIB] 37946-U01 ORD-U02 500-U02 LI2-U03 FO31549-U03 FO31550-U03 DO31551-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 500Ì¤<žjh£Ÿj¾f¼IORDINANCE NO, 500 Page 6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK t, THELftA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 500 yygs regularly Introduced and placed upon Its first reading at a_ regular meeting of the City Council on the 4_____day of October 1967. That^ thereafter, said Ordinance was duly adopted and passed at a__ regular faceting of the City Council on the 18 day of Q^ober_______^ y following vote: CounciImen AYE MAY N.V. A.B. CounciImen AYE NAY N.V. A.B. ADAIR X2 cCARON X CR1TES X ffiOREHEAD, AYOR X GREGORY XI X Indicates Vote A.B. Absent N.V. Not Voting BIB] 37946-U01 ORD-U02 500-U02 LI2-U03 FO31549-U03 FO31550-U03 DO31551-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04