[§ 1, Ord. 893-93, eff. March 4, 1993]
Shall mean all solid wastes, whether or not putrescible or
combustible, including but not limited to garbage, refuse, ashes,
street cleanings and dead animals, which are in such a state as to
be unsightly or which endanger the public safety by creating a health
or fire hazard.
Shall mean any residue remaining after the demolition or
partial demolition of any wall, structure or building.
Shall mean all plants which bear or may bear seeds of a downy
or wingy nature; brush, grasses or other plants which may attain such
large growth as to become, when dry, a fire menace; all plants which
are otherwise noxious or dangerous, including but not limited to poison
ivy and oak.
[§ 1, Ord. 120; § 1, Ord. 893-93, eff.
March 4, 1993]
It shall be unlawful for any person having charge or control
of any property, lands or lots in the City, either as owner, lessee,
tenant or otherwise, to permit any weeds, rubbish or rubble to be
or remain upon such property, lands or lots, or upon the sidewalks,
parking or streets upon which the same abuts. Violations of this section
shall be punishable as a misdemeanor.
[§ 1, Ord. 893-93, eff. March 4, 1993]
Upon removal, all weeds, rubbish and rubble shall not be placed,
deposited or dumped in City streets or between the property line and
the curb line.
[§ 1, Ord. 893-93, eff. March 4, 1993]
The Fire Chief shall cause to be published in "The Catalina
Islander" and "The Avalon Bay News", between April 1 and April 20
of each year, two separate notices which read as follows:
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NOTICE TO ALL PERSONS TO REMOVE WEEDS, RUBBISH AND RUBBLE PRIOR
TO JUNE 1:
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ALL PERSONS IN CHARGE OR IN CONTROL OF PROPERTY IN THE CITY
OF AVALON ARE HEREBY NOTIFIED TO REMOVE AND DISPOSE OF ALL WEEDS,
RUBBISH AND RUBBLE THEREON PRIOR TO JUNE 1ST.
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MISDEMEANOR CITATIONS SHALL BE ISSUED PURSUANT TO AVALON MUNICIPAL CODE § 4-3.202 AGAINST PERSONS FAILING TO COMPLY WITH THIS NOTICE.
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FIRE CHIEF, City of Avalon
By Direction of the City Council.
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[§ 1, Ord. 893-93, eff. March 4, 1993]
Upon the failure of any property owner or other person to remove or dispose of weeds, rubbish and rubble prior to May 15 of each year, such person shall be given written notice before June 1 of each year by the Fire Chief to remove or dispose of same within 10 days of the date of the notice. Said notice shall also be posted at the premises. The notice shall be in substantially the form set forth in § 4-3.206 and shall be sent by registered or certified mail by the City Clerk to the owners of the property as they and their addresses appear upon the current assessment roll.
[§ 1, Ord. 893-93, eff. March 4, 1993]
The notice shall bear the heading in letters not less than one-inch
in height: "NOTICE TO REMOVE AND DISPOSE OF WEEDS, RUBBISH AND RUBBLE"
and shall state:
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Notice is hereby given that the weeds or plants growing upon
or in front of your property, described as Assessor's Parcel Number
_______________, or the rubbish or rubble thereon constitute a public
nuisance which must be abated within 10 days of the date of this notice.
Failure to comply with the notice is a violation and a misdemeanor,
and a citation will be issued and served upon you requiring you to
appear before the Catalina Justice Court. IT IS THE POLICY OF THE
COURT NOT TO DISMISS CITATIONS WHERE COMPLIANCE OCCURS AFTER JUNE
1ST.
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If you fail to remove and dispose of the weeds, rubbish and
rubble, they will be removed and abated by the City of Avalon and
the cost of removal assessed upon the land from or in front of which
the weeds, rubbish and rubble are removed and will constitute a lien
upon such land until paid. Reference is hereby made to the Avalon
Municipal Code for further particulars, a copy of which is on file
in the office of the City Clerk.
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All property owners having any objections to the proposed removal
of the weeds, rubbish and rubble are hereby notified to attend the
meeting of the City Council of the City of Avalon on Tuesday _______________,
when their objections shall be heard and given due consideration.
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Dated this ______ day of ____________, 19_______.
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Fire Chief of the City of Avalon
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[§ 1, Ord. 893-93, eff. March 4, 1993]
The City Council may find and declare by resolution that weeds
on specified parcels of property are seasonal and recurrent nuisances.
Upon the second and any subsequent occurrence of such nuisance on
the same parcel or parcels within the same calendar year, no further
hearings need by held and it shall be sufficient to mail a post card
notice to the owners property that the City will abate the nuisance
and costs of the abatement will be assessed upon the parcel. The notice
shall also state that the efficient and economical control of such
seasonal and recurrent nuisances require preventive chemical control,
the City shall do so and the costs of such chemical control will be
assessed upon the parcel.
[§ 1, Ord. 893-93, eff. March 4, 1993]
At the conclusion of the hearing, the City Council shall allow
or overrule any objections and by motion shall order the Fire Chief
to abate the nuisance.
[§ 1, Ord. 893-93, eff. March 4, 1993]
The Fire Chief or his designee may enter upon private property
to abate nuisances provided that a warrant is first obtained if required.
[§ 1, Ord. 893-93, eff. March 4, 1993]
The cost of abatement, including investigation, boundary determination,
measurement, clerical and other related costs, shall constitute a
special assessment against the parcel. The Fire Chief shall keep an
account of the cost of abatement of or on each separate parcel where
work is done by him or at his direction and shall, in writing, inform
the City Clerk of the cost of performing same. The City Clerk shall
advise the property owner in writing of such cost and that such costs
shall constitute an assessment and lien when confirmed by the City
Council unless payment is made within 10 days after the date of the
notice or within 10 days after the City Council has heard a protest
from the property owner, if any, and has confirmed the final cost.
The Fire Chief shall submit to the City Council for confirmation an
itemized written report showing such cost, which report shall be posted
near the Council Chambers for at least three days prior to the date
on which the City Council shall consider it. At the time fixed for
receiving the report, the City Council shall hear the report together
with any objections of the property owners liable to be assessed,
and may modify the report. The City Council shall then confirm the
report by motion. The City Clerk shall record in the office of the
County Recorder, a statement of the total balance due to the City,
a legal description of the property, place or area involved and the
name of the owner or possessor concerned. From the date of such recording,
the balance due will constitute a lien on the property. The lien will
continue in full force and effect until the entire amount, together
with interest at the maximum legal rate accruing from the date of
completion of the abatement, is paid in full.
The City may also, in accordance with the provisions of the
laws of the State of California, cause the amount due to the City,
together with interest at the maximum legal rate, to be charged to
the owners of the property on the next regular tax bill and such costs
shall be enforced and collected by the County Assessor pursuant to
the provisions of Government Code §§ 39577 et seq.
Refunds shall be made in accordance with Government Code § 39585.
