Ordinance Number 402ORDINANCE NO. 402
ABATEMENT OF VEGETATION OBSTRUCTING FREE PASSAGE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING FOR THE ABATEMENT OF
VEGETATION CONSTITUTING A PUBLIC NUISANCE BY
OBSTRUCTING THE FREE PASSAGE OF PEDESTRIANS
AND/OR VEHICLES UPON OR ALONG ADJACENT PUBLIC
RIGHTS-OF-WAY
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Short Title.
For reference purposes, this Ordinance may be known and
cited as the "San Juan Capistrano Public Nuisance (Vegetation)
Abatement Ordinance".
RRCTTnM 2. Dafini+inns_
As used in this Ordinance, the following terms shall have
the meanings as given hereinafter:
A. Enforcement Officer means any individual designated
by the City Manager to enforce and/or carry out the
provisions of this Ordinance.
B. Finance Officer means any individual designated by
the City Manager to collect fees and abatement costs
required by the provisions of this Ordinance.
C. Free Passage means any movement or progress free
from extraneous impediment, obstruction or
interference.
D. Hearing Officer means the City Manager or his
designee.
E. Property Owner means an individual, firm or
organization as listed on the Orange County
Assessor's Assessment Roll of Secure Property.
F. Public Sidewalk means any publicly -owned sidewalk,
lane or passageway designed, constructed and used
for pedestrian passage.
G. Public Street means any publicly -owned street,
highway or passageway designed, constructed and
used for vehicle passage.
H. Vegetation means any tree, bush, shrub, or other
plant life or growth.
SECTION 3. Declaration of Public Nuisance.
The City Council hereby finds, determines and declares
that the following conditions constitute a public nuisance and are
a hazard and detriment to the public health, welfare and safety:
A. Vegetation which interferes with or obstructs the
free passage of pedestrians upon or along adjacent
public sidewalks.
B. Vegetation which interferes with or obstructs the
free passage of vehicles upon or along adjacent
public streets.
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SECTION 4. Unlawful Obstruction of Pedestrian Passage.
A. Vegetation allowed, kept or maintained on any
property or premise shall be deemed to interfere with
or obstruct the free passage of pedestrians along
or upon an adjacent public sidewalk unless those
portions of said vegetation extending over a public
sidewalk are kept and maintained at all times so as
to have a minimum clearance of seven (7) feet above
the surface of such adjacent public sidewalk.
B. It shall be unlawful for any property owner to
allow, keep or maintain any vegetation which
interferes with or obstructs the free passage of
pedestrians as herein specified.
SECTION 5. Unlawful Obstruction of Vehicular Passage.
A. Vegetation allowed, kept or maintained on any
property or premise shall be deemed to interfere
with or obstruct the free passage of vehicles along
or upon an adjacent public street unless those
portions of said vegetation extending over a public
street are kept and maintained at all times so as
to have a minimum clearance of twelve (12) feet
above the surface of such adjacent public street.
B. It shall be unlawful for any property owner to
allow, keep or maintain any vegetation which
interferes with or obstructs the free passage of
vehicles as herein specified.
SECTION 6. Finding and Notification of Violation.
Upon a finding by the Enforcement Officer that vegetation
exists which constitutes a public nuisance as herein specified,
the Enforcement Officer shall establish a reasonable time for
abatement compliance and cause written notice of such finding and
abatement order to be served upon the property owner of the property
upon which the vegetation is allowed, kept or maintained.
A. Such notice shall be served upon the property owner
at least ten (10) days prior to the time specified
for abatement compliance. If such notice is mailed,
it shall be postmarked at least fifteen (15) days
prior to the time specified for abatement compliance.
Such notice shall be substantially as follows:
NOTICE TO ABATE A PUBLIC NUISANCE (VEGETATION)
Pursuant to Ordinance No. 402 of the City of
San Juan Capistrano, notice is hereby provided that it has
been found and determined that on property commonly referred
to as and designated by
Assessor's Parcel No. , vegetation exists
which constitutes a public nuisance and is a hazard and
detriment to the public health, welfare and safety, to wit:
interference with or obstruction of the free passage of
(pedestrians) (vehicles) along or upon an adjacent public
(sidewalk) (street). Accordingly, you are hereby directed
to abate such nuisance by , 19
If such public nuisance is not abated in accordance with
Ordinance No. 402 by the time herein specified,
abatement may be undertaken by the City and the costs
thereof assessed upon the property and may constitute a
lien until paid.
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Property owners haveing objections to this
finding and abatement order are hereby notified that a
written request to hear this matter may be filed with
the Hearing Officer at any time no later than the time
specified herein for abatement compliance.
Reference is made to Ordinance No. 402 for
further particulars, a copy of which is on file for
review in the Office of the City Clerk.
(Signature)
Enforcement Officer Date
cc: Hearing Officer
SECTION 7. Hearing Before Hearing Officer.
A property owner who has been served a notice as
provided in Section 6 may file, at any time no later
than the time specified for abatement compliance by
the Enforcement Officer, a written request with the
Hearing Officer to hear objections to the abatement
order.
Upon receipt of a timely filed request for hearing,
the Hearing Officer shall initiate and conduct
hearings to accept and give due consideration to
all relevant testimony and evidence relative to the
matter at hand.
Upon completion of the hearing, the Hearing
Officer shall determine whether the vegetation
in question constitutes a public nuisance and
is a hazard and detriment as herein specified.
If an affirmative determination is made, the
Hearing Officer shall order abatement of the
nuisance by the property owner, within a
reasonable time specified by the Hearing
Officer.
2. A copy of the Hearing Officer's notice of
determination ordering abatement of the
nuisance shall be served upon the property
owner at least ten (10) days prior to the time
specified for abatement compliance. If such
notice is mailed, it shall be postmarked at
least fifteen (15) days prior to the time
specified for abatement compliance.
SECTION 8. Right of Appeal to City Council.
A property owner who has been served a notice as provided
in Section 7 herein may file, at any time no later than the time
specified for abatement compliance by the Hearing Officer, a written
notice of appeal with the City Clerk, for hearing by the City Council.
A written appeal to the City Council shall set forth
the name and address of the appellant, the grounds
upon which the appeal is submitted and a statement
of facts to support such grounds for appeal, signed
under penalty of perjury as to its truth. Failure
to include specific grounds or a statement of facts
may be sufficient grounds for the rejection or
summary denial of the appeal.
Upon receipt and acceptance of an appeal accompanied
by proof of payment of the appeal fee, the City
Clerk shall notify the appellant by regular mail of
the date set for,hearing by the City Council.
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SECTION 9. Appeal Fee.
The City Clerk shall not accept a written notice of appeal
until the appellant pays an appeal fee to the Finance Officer, in
an amount as set by resolution of the City Council.
SECTION 10. Appeal Hearing Before City Council.
A. On the date set for hearing, the City Council shall
consider the grounds and facts stated by the appellant
and the determination of the Hearing Officer. The
City Council may, at its discretion, take any
additional evidence or testimony it deems necessary
to enable it to grant or deny the appeal.
B. Upon completion of the hearing, the City Council
shall, by minute order, express its findings and
conclusions. It may deny the appeal, grant the
appeal, or modify the determination and conclusions
of the Hearing Officer. If the appeal is not
granted, then the time specified for abatement
compliance shall be as set forth by the City Council.
Such findings and determination by the City Council
shall be final and conclusive.
C. The resolution of the City Council setting forth
its findings and conclusions and the final
determination shall be sent to the appellant by
regular mail to the address set forth in the written
notice of appeal.
SECTION 11. Abatement Compliance.
A. If objections to an abatement order have not been
filed, or if abatement is required after objections
have been heard as provided in Section 10 hereinabove,
and the property owner has failed to comply with an
abatement order within the time period specified,
the Enforcement Officer is thereupon authorized to
take appropriate action to abate the public nuisance.
Prior to the initiation and commencement of abatement
actions by the Enforcement Officer, a property owner
may abate the nuisance as ordered, at the property
owner's expense and to the satisfaction of the
Enforcement Officer.
SECTION 12. Abatement Costs: Report and Hearing.
A. If abatement has been undertaken by the Enforcement
Officer, the Finance Officer shall compile and
prepare an itemized, written report noting the costs
encumbered in such abatement and shall submit same
to the City Council for review and confirmation.
A copy of the itemized, written report and notice
of its submission to the City Council shall be posted
on or near the Chamber door of the City Council by
the City Clerk, at least three (3) days prior to
the time fixed for hearing.
At the time fixed for receiving and considering the
report, the City Council shall hear it with any
objections of the property owner liable to be assessed
for the abatement costs. After such hearing, the
City Council may modify the report if deemed
appropriate and then shall confirm the report by
minute order.
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SECTION 13. Abatement Costs: Assessment.
A. Costs encumbered by the City to abate a public
nuisance as herein provided shall constitute a
special assessment against the property in question.
After the assessment is made, it shall constitute
a lien upon such property.
B. The amount of the assessment shall be collected at
the time and in the manner of ordinary municipal
taxes. If delinquent, the amount is subject to the
same penalties and procedure of foreclosure and sale
provided for ordinary municipal taxes.
C. Laws and regulations relating to the levy, collection
and enforcement of County taxes apply to such special
assessment taxes.
D. As an alternative to assessment and lien, the Finance
Officer is authorized to collect the assessment
without reference to the general taxes by issuing a
separate bill for abatement services provided.
SECTION 14. Abatement Costs: Payment.
The Finance Officer may receive the amount due on the
abatement costs at any time after the confirmation of the abatement
costs report and until ten (10) days before a copy is provided to
the City Assessor and Tax Collector, or where a certified copy of
the assessment is filed with the County Auditor and until August 1st
following confirmation of the abatement costs report.
SECTION 15. Refund of Monies Paid.
The City Council may order refunded all or part of a tax
paid pursuant to this Ordinance if it finds that all or part of
the tax has been erroneously levied. Tax monies shall not be
refunded unless a claim is filed with the City Clerk on or before
November 1st after the tax became due and payable. Such claim shall
be verified by the person, guardian, executor, or administrator who
paid the tax.
SECTION 16. Separability.
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 17. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its adoption.
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SECTION 18. Citv Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated posting
places within the City of San Juan Capistrano within fifteen (15)
days after its adoption.
PASSED, APPROVED AND ADOPTED this 2nd day of
April 1 1980, by the following vote, to wit:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
NNETH E. FRIESS, MAYOR
ATTEST:
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 402 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on March 19 1980, and adopted at
a meeting held on .April 2
(SEAL)
0�O ,
k
MARY ANN VER,
CITY
CLERK
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