Loading...
HomeMy WebLinkAboutORD NO 537ORDINANCE N0.~_~ NEW SERIES AN ORDINANCE DECLARING TREES OR SHRUBS GROWING IN THE CITY OF BAKE~.SFIELD WHICH ARE INFESTED OR IN- FECTED WITH DESTRUCTIVE PARASITES OR INSECT PESTS TO BE A PUBLIC NUISANCE, AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES BY SPRAYING, TRICklING OR 0THER~ISE TRE~TING SUCH TREES OR SHRUBS. BE IT 0RDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. Infested Trees a Nuisance. All trees or shrubs growing in the City of Bakersfield which are infested or infected with parasites or insect pests and which, unless exterminated, may spread to, and injure or destroy, the trees and shrubs of an entire community or neighborhood, are hereby declared to be a. public nuisance. SECTION 2. Duty of Property Owners to Abate. It shall be the duty. of each and every owner of real property upon which such a nuisance exists, to abate or cause the same to be abated without delay, by the extermination of such parasites or insect pests from all such infected trees or shrubs growing on his said property. SECTION B. Trees on Boundary Line. The duty of abating-such public nuisances and exterminat- ing such parasites and insect pests infecting trees or shrubs on or near the boundary line of adjoining private properties shall be upon the respective owners of such trees or shrUbs, as such ownership is determined by Sections 8S~ and 8S4 of the Civil Code of the State of California. SECTION 4. How Exterminated. Such nuisances shall be aBated by spraying the infected trees or shrubs with an insecticide or fungicide, or otherwise treat- ing them, as the particular case may require, so as to completely exterminate such parasites or insect pests from the trees or shrubs affected; provided, whenever an~tree or shrub is found to be in -1- such a bad condition ~rom the infection of parasites or insect pests that, in theopinion of the Street Superintendent it is im- possible to save it, the owner of the land on which such tree or shrub is growing shall completely destroy the same by removing. SECTION 5. Notice to Exterminate. Whenever the Street Superintendent shall find any trees or shrubs growing upon private property which are so infected or infested with parasites or insect pests that, unless they are exterminated, they my spread to and injure or destroy other trees or shrubs in the neighborhood, he shall give notice to the owner that unless such nuisance is abated without delay by the extermina- tion of such parasites or insect pests, the work of exterminating them will be done by the city authorities, and the expense thereof assessed upon the lots and lands from which such parasites or insect pests are exterminated. SECTION 6. Form of Notice. Said notice shall be substantially in the following form: NOTICE TO DESTROY TREE PESTS. NOTICE IS HEREBY GIVEN, pursuant to the provi- sions of Ordinance No.~7 New Series, that certain trees and shrubs on property assessed to you in the City of Bakersfield are infested or infected with parasites or insect pests which should be exterminated by spraying them with a chemical solution to be designated by the Superintendent of Streets of the City of Bakersfield, or by trimming said trees and shrubs or otherwise exterminating said parasites or insect pests as directed by the Superintendent of Streets, 'otherwise'said parasites or pests may spread to, and injure or destroy other trees or shrubs in the neigh- borhood, and that such condition constitutes a public nuisance. _ YOU ARE HEREBY NOTIFIED to exterminate said parasites or insect pests without delay, other- wise the work of exterminating them and abering said nuisance will be done by the undersigned, in which case the expense thereof will be assessed upon your property and will constitute a lien thereon until paid, and, unless paid as provided in said ordinance, will be placed upon the next tax roll upon which general city taxes are collected, and collected in the manner.and form and under the applicable provisions of the tax ordinance. YOU ARE FURTHER NOTIFIED to appear before the City Council of the City of Bakersfield at its meeting on , 19 , at eight o'clock P. M. in the Council Chambers in the City Hall, Bakersfield, California, and show cause, i'f any you bmve, why said nuisance should not be found to exist and the same ordered abated as provided in said ordinance. Dated: , 19 . Superintendent of Streets of the City of Bakersfield. SECTION V. Notices to be Mailed or Posted. The Street Superintendent shall mail a copy of said notice with all blanks properly filled, to each and every owner of real property on which such a nuisance exists, whose name and address appears on the last equalized assessment roll for city taxes, or as known to the Street Superintendent mailing said notice to the adddresses there given or as otherwise known to him. If the name ,~3'7 and address of such owner does not appear on said assessment roll, or is not otherwise known to the ~ uperintendent of Streets he shall cause a copy of said notice to be conspicuously posted on the prop- erty affected. The notices so posted shall be substantially the same as the foregoing notices. The mailing or posting of all said notices shall be done and completed at least ten days before the time fixed for said hearing. The failure of any property owner to receive such notice shall not deprive the City Coun~ 1 of Jurisdic- tion to proceed, or affect in any manner the validity of any of the Proceedings taken or to be taken, or of any assessment levied here- under. SECTION 8. Affidavit o__f Giving Notice. Upon giving notice. as aforesaid the Street Superintendent shall make and file with the City Clerk his affidavit, stating in general terms the existence of said nuisance, and stating that in each and every case the owner of real property having trees or shrubs thereon, infected with parasitss or insect pests, was notified / either by mailing or posting said notices as required by this ordin- ance. A copy of the form of notice so mailed or posted shall be annexed to said affidavit, together with a list of all properties on which such infested trees or shrubs have been declared to be a nuis- ance. SECTION 9. ~esolutio__n Ordering ~he Work. The Street Superintendent shall attend the meeting of the City Council next following the filing of said affidavit, and PepoPt on any other matters desired by the City Council concerning said nuisances. Thereupon, if satisfied that said nuisances exist, the City Council shall by resolution find said nuisances to exist.and 'order-the'Street Superintendent 'to proceed with the work of abating said nuisances pursuant to the provisions of this ordinance. SECTION lO.. _Owner M_~Do the Work Himself. Any owner o'f real proi~e~ty on which any trees or shrubs are infected or infested may cause said parasites or insect pests to be exterminated; provided that in all such cases the work shall be done to the. satisfaction of the Street Superintendent, and is undertaken prior to the time his assistants arrive to do the work, SECTION ll. Report and Assessment List, When the work is done by the Street Superintendent he shall keep an account of the cost of abating such nuisance upon each separate lot or parcel of land and shall embody said account in a report and assessment list to the City Council which he shall file with the City Clerk, Said report and assessment list shall refer to each separate lot or parcel of land by a description suffi- cient to identify it, and state separately the cost of exterminating said parasites or insect pests on each lot or parcel of land, SECTION l~. Notice qf FilinE Report and Assessment List, The Street Superintendent shall post a copy of said report and assessment list on the Bulletin Board near the entrance door to the City Hall, together with a notice of filing the same, and of the time and place when and where it will be submitted to the City Council for hearing and confirmation at least ten days before the day fixed therein. He shall also mail or post copies of said notice to all the owners of property on which such nuisance was abated, in the manner, for the time, and with like effect, and file with the Clerk an affidavit thereof, all as provided in Section 6 hereof for mailing and posting notices to destroy tree pests. Said notices shall be substantially in the follow~.ng form: NOTICE OF FILING REPORT ANB ASSESSENT LIST FOR.EXTERNINATING TREE PESTS, AND OF HEARING THEREON. NOTICE IS HEREBY GIVEN that the Superintendent of Streets of the City of Bakersfield has filed with .... the City Clerk of said city a report and assessment list covering the cost of exterminating parasites and insect pests from trees and shrubs growing on private property in said city, a copy of which is posted on the bulletin board at the entrance to the City Hall. Your property is assessed therein in the sum of $ . NOTICE IS FURTHER GIVEN that on , the day of , 19 , at the hour of eight o'clock P. M. in the Council Chambers in said City Hall said report and assessment list will be presented to the City Council of said city for consideration and confirmation, and any and all persons interested, having any objections to said report and assessment list, or to any other matter contained therein or relating thereSo, may appear at said time and place and be heard. NOTICE IS FURTHER GIVEN that you may pay said 'assessment at the office of the Superintendent of Streets at any time before five o'clock P. M. August 31, 19 , and if not paid within that time it will be entered against your property on the city tax roll. Dated: , 19 . ~uperintendent of Streets of the City of Bakersfield. SECTION 13. Hearing and Confirmation. The owners, and all other persons interested in any work done under this ordinance, or in the assessment, feeling aggrieved -6- by any act or determination of the Street Superintendent in rela- tion thereto, or who claim that the work was not performed in a good and workmanlike manner, or who claim that any portion of the work, for any reason, was omitted or illegally included, or having or making any objections to the correctness of the assessment, or other act, determination or proceeding of the Street Superintendent, may appear before the City Council at said time and place and be heard. Upon said hearing the City Council may remedy and correct any error, and revise and correct any of the acts or determina- tions of.the Street Superintendent relating to said work; and may amend, alter, modify or correct the assessment in such manner as to them shall seem Just; and may require the work to be completed according to their directions. All the decisions and determinations of said City Council, upon notice. and hearing as aforesaid, shall be final and conclusive. Said assessments, when confirmed, shall become and remain a lien upon the properties stated therein, until paid. SECTION 14. Payments to Street Superintendent. Any property owner may, at any time prior to five o'clock P. M. of August 31 following the doing of said work, pay the amount assessed against his property at the office of the Street Superintend- ent, and the lien thereof against the property affected shall be released. SECTION 15. Collection on Tax Roll. After said August 31 the City Auditor shall enter and extend the amounts of said assessments remaining unpaid against the respective lots or parcels of land on the city tax roll, and the Tax Ocllector shall include the sum on the bills for said taxes. Thereafter said amounts shall be collected at the same time and in the same manner as general city taxes are collected, and will be subject to the same penalties and the same procedure and sale in -V- case of delinquency. All laws and ordinances applicable to the levy, collection and en£orcement of city taxes shall be applicable to such special assessments. SECTION 16. All ordinances or parts of ordinances in conflict here- with are hereby expressly repealed. ..... ~ .... o0o .......... I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the City Council of the City of Bakersfield, at a regular meeting thereof held on the~ day of~~-~/ by the following vote: AYES, BODEH, GT-e.T, KAMTNSKT, MeMILLAN, SMI'TIt, SOLLERS, WILSON NOES: ..... ~ ' R,B~F..HT · _ City Clerk and 0 o Clerk of the Council of the City of Bakersfield. APPROVED by me this ~ day of ~ ~Y~OR~ of Bakersfield. , 1939. ~ STATE OF CALIFORNIA~ County of Kern i ss. V. VAN RIPER, being duly sworn, deposes and says: That he is the duly apI~ointed, acting and qualified Clerk of the City of Bakersfield; and that on ............ ~ ......... ~ ........... 19~.~., he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City was numbered.....'~..~...7. ........ New Series, and entitled: AN ORDINANCE DECLARING TREES OR SHRUBS GROWING IN THE CITY OF BAKE..RSFIELD WHICH ARE INFESTED OR IN- FECTED WITH DESTRUCTIVE PARASITES OR INSECT PESTS TO BE A PUBLIC NUISANCE, AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES BY SPRAYING, TRIMMING OR OTHERWISE TREATING SUCH TREES OR SHRUBS. Subscribed and sworn to before me this .... ..... ..... .............. · --~.~ ............... L ......... No ty of Kern, Sta e o a ' ornia.