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Ordinance Number 348MW ORDINANCE NO. 348 WEED AND REFUSE ABATEMENT AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE ABATEMENT OF WEEDS AND REFUSE AND REPEALING ORDINANCE NO. 287 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Short Title. This Ordinance shall be known and may be cited as the "San Juan Capistrano Weed and Refuse Abatement Ordinance." repealed. SECTION 2. Repeal. Ordinance No. 287 is hereby SECTION 3. Definitions. A. "Street" includes public street, alley, lane, court, or other place. B. "In front of which the nuisance exists" includes to the rear of or abutting the property upon which the nuisance exists. C. "Weeds", as used in this article, includes any of the following: 1. Weeds which bear seeds of a downy or wingy nature. 2. Sagebrush, chaparral, trees, shrubs, vegetation, brush, and any other growth which creates or causes a hazard or menace to the public health, safety, and welfare. 3. Weeds which are otherwise noxious or dangerous. 4. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. 5. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard. D. Refuse, trash, rubbish, and litter, as used in this article are nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bottles, beddings, crockery, and similar materials. E. Garbage, as used in this article, is putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consuming of food. F. Hearing Officer, as used in this article, shall mean the City Manager or his designee_ G. Enforcement Officer, as used in this article, shall mean the Hearing Officer designee. -1- SECTION 4. Declaration of Public Hazard and Detriment. The City Council hereby finds, determines and declares that the hereinafter ennumerated conditions constitute a hazard and detriment to the public health, safety and welfare: A. Weeds growing upon the streets, sidewalks, or private property in the City. Rubbish, trash, garbage, litter, refuse, and dirt upon parkways, sidewalks, or private property in the City. SECTION 5. Delegation of Enforcement Powers. The City Council does accordingly delegate to the City Manager, or his designee the power and authority to: A. Require and provide for the removal of grass, weeds, or other obstructions from the sidewalks, parkways, or streets and make the cost of removal a lien upon the abutting property. Require or provide for the removal from property, lands, or lots of all weeds, rubbish, or other material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity and make the cost of removal a lien upon the property. Provide for the enforcement of the lien by the sale of the property or otherwise. SECTION 6. Enforcement Procedures. A. An Enforcement Officer, who shall be appointed by the City Manager, shall, upon a finding that weeds, refuse or garbage, constitute a hazard or detriment to the public health, safety and welfare on specified parcels of property and are seasonal and recurrent nuisances, cause notices to be conspicuously posted on or in front of the property on which the nuisance exists in the following manner: One notice to each separately owned parcel of property of not over fifty (50) feet frontage. Not more than two notices to any such parcel of one hundred (100) feet frontage or less. 3. Notices at not more than one hundred (100) feet apart if the frontage of such a parcel is greater than one hundred (100) feet. SECTION 7. Notices: Heading and Form. The heading of the notices shall be "Notice to destroy weeds and remove rubbish, refuse, and dirt": in letters not less than one inch in height, and shall be substantially in the following form: NOTICE TO ABATE WEEDS AND REMOVE GARBAGE, REFUSE, AND DIRT Notice is hereby given that on the day of , 19 , the City Council of the City of San Juan Capistrano passed an Ordinance declaring the City Manager, or his designee, to be the Enforcement Officer for the express purpose of designating that property within the City upon which noxious, dangerous weeds and/or rubbish, refuse, dirt, trash, or garbage -2- AM exists. The Enforcement Officer has hereby found and declared that on property commonly referred to as and designated by Assessor Parcel Number, that do exist and constitute a noxious, dangerous public nuisance which must be abated by the removal of the to the satisfaction of the Enforcement Officer. Otherwise, the nuisance will be removed and abated by the City and the cost of removal assessed upon the land from or in front of which the are removed and will constitute a lien upon such land until paid. Reference is hereby made to Ordinance No. for further particulars. A copy of said Ordinance is on file in the office of the City Clerk. Property owners having any objections to the proposed abatement order are hereby notified to attend a hearing of the Hearing Officer of the City of San Juan Capistrano to be held on , when their objections will be heard and given due consideration. Dated this day of , 19 Enforcement Officer SECTION 8. Notices. The notices shall be posted at least five (5) days prior to the time for hearing objections by the Hearing Officer. As an alternative to posting the Notice of Abatement and of the hearing when objections will be heard, the City Council shall direct the City Clerk, on behalf of the Hearing Officer, to mail written notice of the proposed abatement to all persons owning property with existing public nuisances located on subject property. The City Clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on that date which is ten (10) days before the Notice to Abate. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Any costs incurred in securing the aforesaid names and addresses shall be a part of the costs of abatement. The notices mailed by the City Clerk shall be mailed at least five (5) days prior to the time for hearing objections by the Hearing Officer. The notices mailed by the City Clerk shall be substantially in the form provided by Section 7, except, that notices shall be signed by the City Clerk and the heading of the notice need not comply therewith. SECTION 9. Hearing Before a Hearing Of £icer. The City Council authorizes the Hearing Officer to initiate proceedings under this Ordinance and to conduct the public hearing to accept evidence and testimony from property owners and other interested parties regarding property containing alleged nuisances. The Hearing Officer may be the City Manager, Director of Community Planning and Development, Director of Public Works, other person designated by the City Manager, or a combination of these people. The Hearing Officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from the owners, witnesses, City personnel and interested persons relative to such alleged nuisance(s) and to proposed rehabilitation, repair or demolition of such premises. Said hearing may be continued from time to time. -3- ,M Upon conclusion of said hearing, the Hearing Officer shall, based upon testimony and evidence introduced at the hearing, determine whether the premises or any part thereof, as maintained, constitute a public nuisance as defined in this Ordinance. If the Hearing Officer finds that such a nuisance exists and that there is sufficient cause to abate it by rehabilitation, repair or demolition, the Hearing Officer shall declare such premises to be a public nuisance and order the abatement of same by the property owner within a time specified by the Hearing Officer by having such premises rehabilitated, repaired or demolished to the satisfaction of the Hearing Officer. Such declaration shall contain a detailed list of needed corrections and abatement methods. SECTION 10. Notification and the Service of Hearing Officer's Determination. A copy of the Hearing Officer's Notice of determination ordering the property owner to abate the said nuisances shall be served upon the owners of said premises by mail postmarked with ten (10) days of said hearing. SECTION 11. Property Owner's Right of Appeal of Hearing Officer's Determination o£ Abatement. Within ten (10) days after mailing of notice of determination of Hearing Officer to property owner, the owner may file a written notice of appeal with the City Clerk for a review by the City Council. The notice of appeal shall set forth the name and address of the appellant, shall state the grounds upon which the owner believes that the determination of the Hearing Officer is wrong and shall include a statement of facts to support his contentions signed under penalty of perjury as to its truth. Failure to include specific grounds or a statement of facts will be reason for rejection or summary denial of the appeal. , The City Clerk shall notify the appellant by regular mail of the date set for review by the City Council. on the date set for review, the City Council shall consider the grounds and facts stated by the appellant and the determination of the Hearing officer. The City Council may, in its discretion, take any additional evidence or testimony it deems necessary to enable it to grant or deny the appeal. Upon completion of the hearing, the City Council shall, by minute order, express its finds and conclusions. It may deny the appeal or grant the appeal or modify the determination and conclusions of the Hearing Officer. If the appeal is not granted, then the time and manner of abatement shall be the same as set forth in this Ordinance. Such findings by the City Council shall be final and conclusive. SECTION 12. Notice of Ruling on Appeal. 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 notice of appeal. SECTION 13. Abatement Procedure. If objections have not been made, or after the City Council has disposed of those made, the City Council orders the Hearing Officer to abate the nuisance by having the weeds, refuse, and/or dirt removed. The Hearing Officer may thereupon enter upon private property to abate the nuisance or hire a private contractor to do so. Notwithstanding such order of abatement, the owner may, prior to the arrival of the Hearing Officer, remove the weeds, garbage, refuse, and dirt at his own expense, to the satisfaction of the Hearing Officer. ae 63 The weed abatement program shall be a year around program. The contractor will hold the contract from January 1st to December 31st. Bids will be called for in November, awarded in December, and be effective for all weed and nuisance abatement for the following year. Furthermore, upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further public hearings need to be held and it shall be sufficient to mail a postcard notice to the owners of the property as they and their addresses appear upon the current assessment roll. SECTION 14. Costs, Account, Report. The Hearing Officer shall keep an account of the cost of abatement in front or on each separate parcel of land where the work is done by him. He shall submit to the City Council 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 chamber door of the City Council, with a notice of the time and submission. At the time fixed for receiving and considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. SECTION 15. Performance of Abatement by Contract: Bids, Itemized Written Reports. Abatement of the nuisance may in the discretion of the City Council be performed by contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. In such event, the contractor shall keep the account and submit the itemized written report for, each separate parcel of land. SECTION 16. Costs: Assessment. The cost of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel. After confirmation of the report, the County Assessor and Tax Collector shall assess property and collect taxes for the City, a certified copy of the report shall be filed with the County Auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land. 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. The City Council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessment of fifty dollars ($50) or more may be made in annual installments, in any event not less than five dollars ($5), and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure -5- for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the City Council, not to exceed six percent (68) per annum. As an alternative method, the City Council authorizes the Hearing Officer to collect the assessments without reference to the general taxes by issuing separate bills for abatement services performed. Laws relating to the levy, collection, and enforcement of County taxes apply to such special assessment taxes. SECTION 17. Cost: Payment to Hearing and Enforcement Officers: Time. The Hearing Officer may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the City Assessor and Tax Collector, or where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. SECTION 18. Refunds. The City Council may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the Clerk of the City Council on or before November lst after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his guardian, executor, or administrator. SECTION 19. Preventive Abatement of Seasonal and Recurrent Weed Nuisances: Chemical Control. Where the Hearing Officer finds and declares that weeds on specified parcels of property are seasonal and recurrent nuisances, he may provide for the preventive abatement of such seasonal and recurrent nuisance as provided in this Section. The notice required by Section 7, shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, weed seeds, and weed seedlings and that the City may require preventive chemical control of such nuisance. In the event the City is once required to abate such nuisance, the City may, in addition, before and during the next following germinating season of such weeds, provide for the preventive abatement of such nuisance by using chemical control of such weeds. SECTION 20. Effective Date. This Ordinance shall take effect and be in force 8o days after its passage. SECTION 21. 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 15 days after its passage. PASSED, APPROVED AND ADOPTED this 18th day of January , 1978, by the following vote, to wit. AYES: Councilmen McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: Councilma S/,eney TXr0N'O. HECKSCHER, MAYOR V ATTEST: ITE t -6-