"Director" means director of public works or fire chief, his assistants and deputies, or other public officer designated by the city council to perform the duties imposed by this article upon the director.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
The purpose of the provisions of this chapter is to provide an alternative method for the removal of noxious weeds, rubble, refuse, dirt and other earth and materials from private properties located within the city.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
The owner of each lot in the city shall be responsible for the maintenance of all public rights-of-way which abut such lot, other than portions of public streets or alleys which are utilized for vehicular parking or traffic. The lot owner's obligation shall be to maintain such rights-of-way so that the same do not become a public nuisance; such maintenance duty shall include, but not be limited to, the obligation to remove therefrom weeds, rubble, refuse, dirt and other earth and materials which may constitute a fire hazard, or a refuge for rats or other vermin, or which may produce pollen which is or may be injurious to the health, safety or welfare of person, or which is otherwise dangerous or injurious to adjacent real properties. Reference California Government Code 39560(b)(c)(d), 39561 and 39561.5.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
No person, whether the same be the owner, agent or person in control of any inhabited or uninhabited lot, piece or parcel of land within the city, shall maintain such premises or allow the same to be maintained in a condition in which weeds, rubble, refuse, dirt and other earth and materials exist on such premises, which constitute a fire hazard or which may provide a refuge for rats or other vermin, or may produce pollen which is injurious to neighboring property or the health or welfare of residents of the vicinity. The existence of any condition prohibited by this section is declared to be a public nuisance. Reference California Government Code 39561.5.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
Whenever the director shall find that a condition prohibited by Section 8.20.040 exists upon any lot, piece or parcel of land, or upon any street, alley, sidewalk or right-of-way abutting such lot, piece or parcel of land, he shall give or cause to be given, in the manner provided in Section 8.20.060, a notice to remove such weeds, rubble, refuse, dirt or other earth and materials.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
Notice shall be given by posting a sign in a conspicuous place upon or in front of the lot, piece or parcel of land on which, or upon the street, alley, sidewalk, or right-of-way adjacent to which, such weeds, rubble, refuse, dirt or other earth and material may be. The notice shall be headed "Notice to Clean Premises" in letters not less than one inch in height and, in legible characters, shall direct the removal of weeds, rubble, refuse, dirt or other earth and materials as the case may be, and refer to this chapter for further particulars. The notice shall be in substantially the following form:
Notice to Clean Premises |
|---|
Notice hereby is given that under the provisions of Chapter 8.20 of the La Habra Municipal Code, noxious and dangerous weeds and/or rubble, refuse, dirt and other earth and materials are existing upon or in front of the following described property: (give the address or, if posting a whole street, the name of the street) and that they constitute a public nuisance which must be abated. If removal of the weeds, rubble, refuse, dirt and other earth and materials is not made within 10 days from the date of this notice, the same shall be removed by the City, and the cost of the removal assessed upon the land from which, or in front of which, the weeds, rubble, refuse, dirt and other earth and materials are removed and the assessed cost will constitute a lien upon such land until paid. All persons having any objection to the proposed required removal may appeal to the City Council, in writing, within 10 days from the date of this notice. |
Dated this ________day of ________ |
Director of Public Works |
City of La Habra |
As an alternative to the posting of notice, the notice required herein may be given by personal service to the owner, agent or person in control of such lot, piece or parcel of land, or by mailing the notice by depositing it in the United States Mail at La Habra, California, addressed to the owner of such lot, piece or parcel of land, at the address shown on the last equalized assessment roll. The notice shall bear the date of posting, personal service, or mailing. Reference California Government Code 39562.1 and 39562.2.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
Within ten days from the date of the notice, the owner or any other person interested in the property, land or lots affected by such notice may appeal to the city council from the determination of the director. The appeal shall be filed in writing with the city clerk and shall be presented by the city clerk to the city council at the next regular meeting of the city council following the date of the filing. The city council, at such meeting or at such meeting to which the matter may be continued by the council, shall hear and pass upon the appeal, and the decision of the council thereon shall be final and conclusive. Written notice of the council's determination shall be mailed to the person appealing at the address shown on the appeal.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
If within ten days from the date of notice, or if an appeal has been made to the city council, within ten days from the date of the determination of the appeal, unless the appeal is sustained and the council determines that no such removal shall be required, the weeds, rubble, refuse, dirt or other earth and material have not been removed from the premises in question or from the street, alley, sidewalk or right-of-way abutting such premises as directed by the notice or by the city council on appeal, the director shall cause the same to be removed and may enter upon private property for the purpose of so doing.
If, upon appeal, the requirements of the original notice have been modified by the city council, the director, in causing such weeds, rubble, refuse, dirt or other earth and material to be removed, shall be governed by the determination of the city council.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
The director shall keep or cause to be kept at his office a record showing the legal description, as shown on the last equalized assessment roll of the County of Orange, of each piece of property or lot, or the street, alley, sidewalk or right-of-way abutting such property, from which weeds, rubble, refuse, dirt or other earth and material have been removed at city expense under the provisions of this chapter. The record shall show any and all expenses incurred by the city in the removal of the weeds, rubble, refuse, dirt or other earth and material as such expense relates to each separate property ownership. Each entry in the record shall be made upon the completion of work done on each piece of property or lot or upon the street, alley, parkway or sidewalk abutting thereon. After such entry has been made in the record, the same shall constitute an assessment against the parcel of land, and thereafter the assessment shall be confirmed by motion of the city council. The assessment, after being made and confirmed, shall become a lien upon the parcel.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
The director shall send notice, at least fourteen days prior to hearing, to all owners of property subject to an assessment under the provisions of this chapter that they may appeal such assessment to the city council. The notice shall include the amount and nature of the assessment, the date, time and location of the appellate hearing, and that such assessment, upon affirmation, shall be recorded as a lien in the county recorder's office. An aggrieved party who wishes to appeal must file an appeal in writing with the city clerk no less than five working days before the date of the appellate hearing. At the appellate hearing the city council shall hear and pass upon each appeal, and take action to approve the assessment report, and the determination by the council shall be final. If the determination of the director is modified by the city council or any assessment changed or corrected, the director shall cause the correction to be made upon the record showing the assessment.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
At the expiration of the time for appeal, or upon the determination by the city council of all appeals so filed, and in compliance with the requirements of any determination so made, the director of public works shall deliver to the city clerk the assessment report approved by the city council on record in which the director has shown each assessment for the preceding fiscal year. The report shall show the property affected and the amount charged against such property. The city clerk shall deliver to the county assessor the amount of each such charge to be placed upon the assessment roll against the respective lots, and thereafter the charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as city taxes. The provisions of this section shall not apply to any piece of property or land or lot if the charge against it has been paid prior to the delivery to the city clerk of the report. In that event, an entry shall be made in the record book by the director showing that the charge had been paid.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
Proof of the posting, serving in person or mailing of any notice, order or determination provided for in this chapter shall be affidavit of the person performing the duty, and affidavit shall specify the time and when the duty was performed. It shall be the duty of the director to keep such affidavits among the official records at his office.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)
Any assessment or any portion of an assessment levied pursuant to the provisions of this chapter which, either before or after the effective date of the ordinance codified in this chapter, has been paid more than once, erroneously or illegally collected, paid in excess of the amount chargeable, or was not chargeable to the person or the property paying the same under the provisions of this chapter, by reason of a clerical error of the employees or officials of the city, may be refunded by order of the city council in the same manner, to the same extent and under the same conditions as, at or after the effective date of the ordinance codified in this chapter, are provided by the city for refund of payments of general taxes, at any time after the abstract of charges taken from the record book of the director of public works has been delivered to the county assessor and entered upon the assessment books. The owner of any property assessed who may claim that the assessment is void in whole or in part may pay the same under protest. The protest shall be in writing, shall be received by the city clerk on or before March 1st after the tax becomes due and payable, and shall specify whether the whole or any part of the assessment is void and the grounds upon which such claim is founded. An owner, after making payment under protest, may recover the same in the manner and under the conditions provided in Section 39585 of the Government Code of the State of California.
(Ord. 1573 § 2, 2000; Ord. 1574 § 2, 2000)