HomeMy WebLinkAboutNS-2300 - Revise City's Weed Abatement Regulations363
ORDINANCE NO. NS-2300
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 16-47, 16-49, 16-51,
16-52, 16-53, 16-54, 16-55, 16-56, 16-
59, AND 16-60 OF THE SANTA ANA MUNICIPAL
CODE TO REVISE THE CITY'S WEED ABATEMENT
REGULATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 16-47 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. ~6-47. Definitions.
Fo~ the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein,
unless the context indicates that a different meaning is intended:
Brush.
shrubs, or bushes.
Branches of trees sheared therefrom, a thicket of
The executive director of the finance
the city or his or her designated
director of the
her designated
city finance director.
and management services of
representative.
city public works director. The executive
public works agency of the city or his or
representative.
Garbage. Accumulations of animal, fruit or vegetable matter,
liquid or otherwise, that attend the preparation, use, cooking,
dealing in or storing of meat, fish, fowl, fruit or vegetable.
Lot. Any lot, parcel, tract or piece of land, improved or
unimproved, including the sidewalk area abutting or adjoining said
lot, parcel, tract or piece of land; and the parkways, or areas
lying between the curbline and the street line of said adjoining or
abutting lot, bounded on the sides by the prolongations in straight
lines of the side lines of the lot in front of which such parkway
or area exists.
Noxious growth. Weeds, vines or brush which bear seeds of a
wingy or downy nature, or which attain a high growth as to become
a fire menace when dry, or which contain poisonous oils that become
dangerous to the life and health of the community.
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Private premises. Any dwelling, house, building or other
structure, desigmed or used either wholly or in part for private
residential purposes, whether inhabited or temporarily or
continuously uninhabited or vacant, and shall include any yard,
grounds, walk, driveway, porch, steps or vestibule belonging or
appurtenant to such dwelling, house, building or other structure.
Public place. Any and all Streets, sidewalks, boulevards,
alleys or other public ways and any and all public squares, spaces,
grounds and buildings.
Rubbish. Scrap metals, junk, disassembled parts of automobiles
or machinery, construction or demolition materials, debris, litter,
paper, cardboard, metal cans, glass, out brush, dead trees, tree
limbs and similar materials.
Street line. The boundary line between a public street
right-of-way and an abutting lot or parcel of land, or between a
private.street open to public use and an abutting lot or parcel of
land.
That section 16-49 of the Santa Ana Municipal Code
noxious
posting,
SECTION 2:
is hereby amended to read as follows:
Sec. 16-49. Order and notice requiring removal of
growths, rubbish, garbage--Time limit;
mailing.
(a) If and when it shall appear that noxious growths, rubbish
or garbage have been placed upon or in front of private property in
violation of any of the provisions of this article or of any other
provisions of this Code, the city public works director may, by
appropriate written order, direct the removal thereof and shall
cause notices to be posted upon or in front of such property to the
effect that such weeds, vines, shrubs, brush, rubbish or garbage
must be removed within seven (7) days from and after the date of
such, posting. Such notices shall be conspicuously posted on or in
front of the property on or in front of which the condition exists,
as follows:
(1) One notice shall be posted on or in front of each
separately owned parcel;
(2) Not more than two (2) notices shall be posted to any
parcel of fifty (50) to one hundred (100) feet frontage;
(3) Notices shall be placed at intervals of not more than one
hundred feet (100'), if the frontage of a parcel is
greater than one hundred feet (100'), with one notice for
each one hundred feet (100') of frontage.
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(b) In addition to posting such notices, the city public works
director may send a similar notice to the owner of the subject
property as shown upon any city record, or upon the last equalized
tax roll, by depositing such notice in the United States mail; but
the failure of the owner to receive such notice shall not affect
the power of the city or its officers or employees to proceed as
provided in this article. Such notice shall be mailed not less than
twenty (20) days prior to the date set for a hearing upon
objections.
SECTION 3: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 16-51, which said
section reads as follows:
Sec. 16-51. Hearing.
If the clerk of the council receives any appeals from the
notice specified in section 16-50, the clerk shall set such appeals
for public hearing by the city council and shall send written
notices of such public hearing to all person filing such appeals.
At the time and place stated in the notices, the city council shall
hear and consider all objections to the proposed abatement work.
At the conclusion of the hearing, the council shall allow or
overrule any objections.
SECTION 4: That section 16-52 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Seo. I6-52. Abatement order--From oounoil.
At the conclusion of said hearing, the council may order the
city public works director to abate said nuisance by entering upon
private property to abate and remove the same.
SECTION 5: That section 16-53 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Bec. 16-53. Same--Service.
The city public works director shall serve by registered or
certified mail, return receipt requested, postage prepaid, a copy
of said abatement order forthwith upon those persons who have filed
written statements of objections. The abatement order shall specify
that unless the nuisance is removed and abated within seven (7)
days from the date of mailing, said officer will abate the same and
will, if necessary, enter upon or into the private property of said
person without further notice or liability therefor in order to
abate said nuisance.
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SECTION 6: That section 16-54 of the Santa Ana Municipal Code
is hereby amended to read as follows:
16-54. Abatement action by city.
The city public works director may cause the city's nuisance
abatement work force or contractor to enter upon any private
property and abate any nuisance found thereon, or in front thereof,
provided ten (10) days notice to abate such nuisance shall have
been posted or mailed as required by this article, the time allowed
by said notice shall have expired, and no person shall have filed
a written statement of objections as herein provided within ten
(10) days after posting or mailing; in the event objections shall
have been duly filed, and overruled by the city council, the city
public works director may cause the city's nuisance abatement work
force or contractor to enter upon any such private property and, in
accordance with the order of the city, abate the nuisance found
thereon, or in front thereof.
SECTION 7: That section 16-55 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 16-55. Cost of abatement.
(a) The city public works director shall keep a separate
account of the cost of abatement in front of or on each individual
lot or parcel of land where abatement work is done. He shall submit
to the city manager for confirmation an itemized written report
showing such cost. A copy of the report shall be posted for at
least three (3) days prior to its submission to the city council on
or near the council chamber door with a notice of the time of
submission. At the time fixed for receiving and considering the
report, the city council may hear the matter or refer it to a
hearing officer under the provisions of Chapter 3 of the Santa Ana
Municipal Code.
(b) The city council may, by resolution, establish a standard
administrative fee for parcels requiring nuisance abatement work by
the city's nuisance abatement work force or contractor. Such fee
shall be in addition to the direct cost of the abatement work and
shall be in an amount reasonably determined to cover such costs as
posting, inspection, contractor supervision, and the like.
(¢) The city council may, by resolution, also
standard charge for additional administrative costs
requiring more than one notice of abatement in any
period.
establish a
for parcels
twelve-month
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SECTION 8: That section 16-56 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 16-56. Receiving, receipting and billing for cost to city.
The city finance director shall receive the amount due on the
abatement cost and shall issue receipts at any time after the
confirmation of the report. The city finance director may bill the
owner of record directly at any time he shall desire.
SECTION 9: That section 16-59 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 16-59. Same--Correction of error.
(a) Any assessment erroneously made may be canceled or reduced
so as to correct any error, and the tax paid on account thereof,
not including any penalties or interest, may be refunded to the
person 'who paid the same, in accordance with the following
procedure:
(1)
A claim of error may be filed with the clerk of the
council at any time before the expiration of one year
following April 10th of the tax year in which such
assessment appears or would first appear on the tax bill
for the affected property. Such claim shall be in
writing, in such form and detail as shall be required by
the clerk of the council, and shall be verified;
(2) Any claim filed shall be forwarded to the city public
works director for review and report to the city finance
director. If the city public works director shall
determine that such assessment was erroneously made, in
whole or in part, the city finance director shall request
the county board of supervisors to direct the county
auditor-controller to correct the tax rolls as to the
affected property by removing or reducing the erroneous
assessment, and the direction of the city finance
director shall be authority for the auditor-controller so
to correct the tax rolls. If. such assessment shall have
been paid, the part determined to be erroneously levied
shall be refunded to the person who paid the same, by the
city finance director. In lieu of proof otherwise, the
city finance director may presume that the persons to
whom the abatement cost was assessed were the persons who
paid the same;
(3) Any claimant whose claim is not favorably acted upon in
whole or in part within sixty (60) days after the filing
of the same, or whose claim is denied, in whole or in
part in writing, by the city finance director, may,
within ten (10) days after such denial or after the
expiration of such period, appeal such denial or failure
to act favorably to the city council pursuant to Chapter
3 of the Santa Ana Municipal Code;
(4)
If the city council shall find the disputed assessment to
be erroneous in whole or in part it may direct the city
finance director to correct the assessment accordingly,
to cause the tax rolls to be corrected, and to make a
refund of any portion of the assessment paid, all in the
manner as hereinabove provided for such corrections and
refunds;
(5)
Not later than thirty (30) days after the correction of
any assessment or refund of any monies hereinunder,
except by direction of the city council, the city
finance director shall transmit to the city council a
report of such action, together with the report of the
city public works director.
(b) Whenever the tax rolls have been corrected or a refund has
been made hereunder by reason of an erroneous assessment, a
corrected written report of the type required by section 16-55,
relating to the work for which such erroneous assessment was
levied, may be prepared bY the officer who prepared the original
report. Such report shall show the cost of abatement in front of or
on the parcel or lot where the work has been done and shall state
that it is proposed to assess such cost against such lot or parcel.
A copy of such corrected report shall be mailed to the owner of
said lot or parcel as shown upon the current assessment roll. In
all other respects, sections 16-56 through 16-58 shall apply to
such corrected assessments, except that the time for doing all
things herein specified shall relate from the date of confirmation
of the corrected assessment.
SECTION 10: That section 16-60 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Bec. 16-60, Violation a public nuisance; remedies.
Violation of thi~ article is declared to be a public nuisance
which may be abated as Rrovided in part 3 of division 4 of the
civil code of the state and in chapter 2 of title X of part 2 of
the code of civil procedure of the state, which remedy shall be in
addition to any other remedy provided in this article or by state
law, including section 372 of the penal code of the state.
SECTION 11: Until such time as a different fee or fees are
provided by resolution of the city council, the standard
administrative fee specified~in subsection (b) of section 16-55 of
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the Santa Ana Municipal Code, as amended by this ordinance, shall
be $350.00, and the additional charge specified in subsection (c)
of said section shall be $35.00.
SECTION 12: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The city Council of
the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 13: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affectihg any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 3rd day of September , 1996.
ATTEST:
orel Al ~u~iid[o -
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Non-Vote
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Non-Vote
APPROVED AS TO FORM:
Richard E. Lay
Acting City Attorney
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CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
L)S -¢xg. Bd~ to be the original ordinance adopted by the City Council of the City
~,~---~ ; and that said ordinance was published in accordance
of Santa Ana on
with the Charter of the City of Santa Ana.
Date:
Clerk of the-~o'fincil
City of Santa Aha