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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: -1- 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 . -2- 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~ -3- 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 -4- 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 -5- 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