HomeMy WebLinkAboutORD NO 536ORDINANCE i.~0.
538 NEW SERIES
AN ORDINANCE DECLARING CERTAIN WEEDS A PUBLIC NUIS-
ANCE, PROVIDING FOR RE~0VAL THEREOF AND CREATING A
LIEN FOR COST OF ABATING SUCH NUISANCE, AND REPFAL-
ING ORDINANCE N0. 244 NEW SERIES OF THE CITY OF
BAE~RSFIELD.
BE IT 0RDAINED BY THE COUNCIL OF THE CITY 0F BAEERSFIELD,
as fol~0ws:
SECTION 1. Cprtain Weeds ~ Public Nuisance.
All weeds growing upon any private property or in any
public street, sidewalk or alley within the City of Bakersfield,
which bear seeds of a wingy or downy nature or attain such a
large growth as to become a fire menace when dry, or are otherwise
noxious or dangerous, are hereby declared to be a public nuisance,
which nuisance shall be abated as herein provided.
SECTION 2. ~ of Property Owner to Abate.
It shall be the duty of every property owner to destroy
or remove such weeds from his private property and from the abutting
half of the street and/or alley, and between the side lines thereof
as extended. The word "street" as used herein shall be deemed to
include the sidewalk space thereof.
SECTION 3. Notice to Abate.
Whenever any such weeds are growing upon any private
property or on the abutting half of any street, sidewalk space,
and/or alley within said city, it shall be the duty of the Street
Superintendent to notify the owners of the property upon which,
or in the front, side or rear of which, such weeds are growing, and
inform him that unless the nuisance is abated without delay by the
destruction or removal of such ~eeds, the work of abating such
nuisance and destroying said weeds will be done by the city authori-
ties, and the expense thereof assessed upon his said lots and lands.
SECTION ~. Form of Notice.
Said notice shall be substantially in the following form:
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NOTICET0 DESTROY WEDS.
NOTICE IS HEREBY.GIVEN, pursuant to the provi-
sions of Ordinance No. 636 New series, that cer-
tain weeds are growing upon property owned by you
and/or on the abutting half of the street, sidewalk
space and/or alley, in 'the City of Bakersfield,
which bear seeds of a wingy or downy nature, or
attain such a large growth as to become a fire
menace when dry, and are a public nuisance.
YOUARE HEREBY NOTIFIED to destroy or remove
all such weeds growing on your property, and/or
in the front, side or rear of said property, between
the side lines thereof as extended to the center line
of the street or alley, within seven (V) days from
the date of this notice, or such weeds will be des-
troyed or removed and said nuisance abatedby the
undersigned, in which case the cost of their destruc-
tion or removal will be assessed upon your said
property, and will constitute a lien thereon until
paid, and, unless paid as provided in said ordinance,
will be collected on the next tax roll upon which
general city taxes are collected.
YOU ARE FURTHER NOTIFIED to appear before the
City Council of said City at its meeting on ,
the day of , 19 , at eight
o'clock P. M., in the Council Chambers of the City
Hall in the City of Bakersfield, California, and
show cause, if any you have, why said nuisance should
not be found to exist and the same ordered abated as
provided in said ordinance.
Dated: , 19 .
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Superintendent of Streets of the
City of Bakersfield.
SECTION 8. Notices to be Mailed or Posted.
The Street Superintendent shall mail a post card copy or
other copy of said notice, with all blanks properly filled, to each
and every owner of real property on which, and/or on the abutting
half of the streetA sidewalk space and/or alley enwhich, suc~ a
nuisance exists, whose name and address appears on the last equalized
assessment roll for city taxes, or as known to the Street Superintend-
ent, mailing said copies of notices to the addresses given or as other-
wise known to him. If the name and address of such owner does not
/appear on said assessment roll, or is not otherwise known to him,
he shall cause a copy of such notice to be conspicuously posted on
the property affected. The notices so posted shall be substantially
the same as the notices mailed. 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 Council of Jurisdiction to
proceed, or affect in any manner the validity of the proceedings
taken or to be taken, or of any assessment levied hereunder.
SECTION 6. Affidavit of 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 declaring that in
each and every case the owner of real property on which, and/or on the
abutting half of the street, sidewalk space and/or alley on which,
such weeds are growing was notified to abate said nuisance, either
by mailing or posting said notices as required by this ordinance. 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
weeds have been declared to be a nuisance.
SECTION V. Resolution Ordering the Work.
The Street Superintendent shall attend the meeting of the
City Council at the.time designated in said notice to show cause and re-
port on any other matters desired by the City Council concerning said nui~
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antes. Thereupon, if satisfied that said nuisance exists, the City
Council shall by resolution find said nuisance to exist, and ox~der
the Street Superintendent to proceed with the work of abating said
nuisance pursuant to the provisions of this ordinance.
SECTION S. Owner May do the Work Himself.
Any owner of real property.on which or in the front, side
and/or rear of which such noxious weeds are growing may cause the
same to be destroyed or removed, providing it is done prior to the
arrival of the Street Superintendent's assistants to do the work;
provided in all cases the work shall be done to the satisfaction of
the Street Superintendent. However, it shall be unlawful for any
property owner or other person to burn, or attempt to burn, any
such weeds without first obtaining written permission so to do
from theChief of the Fire Department.
SECTION 9. Report and Assessment List.
When the work is done by the Street Superintendent he
shall keep an account of the cost of abating such nuisances upon
each separate lot or parcel of land and in the front and alley
(if any) in rear thereof between the side lines of such lot as
extended, 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 bya description sufficient to identify it, and
state separately the cost of destroying or removing said weeds on
and in the front, side and/or rear as aforesaid of each parcel of
land.
SECTION 10. Notice of Filing 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
0ity Council for confirmation, at least ten days before the day
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fixed therein. He shall also mail or post copies of said notice
to all the owners of property on which and/or in the front, side
and/or rear of which such a nuisance was abated for the time, and
in the manner, and with like effect, and file with the Clerk an
affidavit thereof, all as provided in Section 5 hereof for mailing
and posting notices to destroy weeds. Said notices shall be sub-
stantially in the following form:
NOTICE OF FILING REPORT AND ASSESSMENT
LIST~FOR ~EDABATEMENT, 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
on abatement of weeds within 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 of
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 per-
sons interested, having any objections to said report
and assessment list, or to any other matter or thing
relating thereto, may appear at said time and place
and be heard·
NOTICE IS FL~THER 0IVEN that you may pay said
assessment at the office of the Superintendent of
Streets at any time before five o'clock P. M. of
August 51, 19__, and if not paid within that time it
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will be entered against your property on the
city tax roll.
Dated: , 19 .
Superintendent of Streets of the City of Bakersfield.
SECTION 11. Hearing and Confirmation.
The owners, and all other persons interested in any work
done under this ordinance, or in the assessment, feeling aggrieved
by any act or determiDation of the Street Superintendent in relation
thereto, or who claim that the work was not performed in a good and
substantial 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 correcthess 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 determinations 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 b e completed according to their direc-
tions. All the decisions and determinations of said City Council,
upon notice and hearing as aforesai'd, shall be final and conclusive.
Said assessment, when confirmed, shall become and remain a lien
upon the properties stated therein, until paid.
SECTION 12. 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 Super-
intendent, and the lien thereof against the property affected shall
be released.
SECTION 13. 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 Collector 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 case of delinquency. All laws and ordinances applicable
to the levy, colle'ction and enforcement of city taxes shall be
applicable to such special assessments.
SECTION 14.
Ordinance No. 244 New Series of the City of Bakersfield
and all ordinances or parts of ordinances in conflict herewith are
hereby expressly repealed.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing ordinance was passed
and adopted by the Council of the City of Bakersfield, at a regular
meeting thereof held on the day of , 1939,
by the following vote:
AYE~,, BODEN, G'Ze-.,T, ttP.,t. VtXH.c'.tC, I4,cMXLLRN, S~IrTH, SOLLER8,, WILSON
NOr'S= ...,.~ ..................................
J~D:Z, ENT,
City C'~erk and '.:x- Clerk of the
Council of the City of Bakersfield.
APPROVED by - this~..day of ~
MAY f Bakersfield.
, 1939.
Afl t avtt of ost ng ®r manres
V. ~AN RIPER, being duly sworn, deposes and says:
at a i r . .
was numbered.....~.....~.....~.. .......New Series, and entitled:
AN ORDINANCE DECLARING CERTAIN WEEDS A PUBLIC
NUISANCE, PROVIDING FOR REMOVAL THEREOF AND
CREATING A LIEN FOR COST OF ABATING SUCH NUIS-
ANCE, AND REPEALING ORDINANCE NO. 244 NEW
SERIES OF THE CITY OF BAKERSFIELD'
Su.bs6.~-ibed and swor,~ to before me this