This chapter shall be known and may be cited as the anti-litter and weed control ordinance.
(Prior code § 5-14.1; Ord. 21-1722 § 2)
As used in this chapter:
means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. Aircraft includes helicopters and lighter-than-air dirigibles and balloons.
means a litter storage and collection receptacle as required and authorized in Chapter 8.48.
means the Director of Public Works with respect to all public places and the Director of Community Development with respect to all private property.
means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, booklet, paper, or any other printed or otherwise reproduced original and copies of any matter of literature:
Which advertises for sale any merchandise, product, commodity or thing; or
Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest of any business or mercantile or commercial establishment by sales; or
Which directs attention to or advertises any meeting, theatrical performance, or exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required by any law of this State, or under any provisions of this Code; or
Which while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for private benefit and gain for any person so engaged as advertiser or distributor.
means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
means garbage, refuse and rubbish as defined in this section and all other waste material which, if thrown or deposited as prohibited by this chapter, tends to create a danger to public health, safety and welfare.
means a lot, parcel, tract or piece of joining such lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining such lot, parcel, tract or piece of land, and the parkways or areas lying between the curbline and the street line of the adjoining or abutting lot bounded on the sides by the prolongation in a straight line of the side lines of the lot in front of which such parkway or area exists.
means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Postal Service of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition, means and includes any newspaper, periodical or current magazine regularly published with not less than four issues per year, and sold to the public by subscription.
means any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill or newspaper.
means a park, reservation, playground, beach, recreation center or any other public area, owned or used by the City and devoted to active or passive recreation.
means any dwelling, house, building, or other structure, designed 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, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
means any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public parks, squares, spaces, grounds and buildings.
means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts, and solid market and industrial wastes.
means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, metal, wood, glass, bedding, crockery and similar materials.
means 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.
means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
(Prior code § 5-14.2; amended during 1999 codification; Ord. 21-1722 § 2)
No person shall deposit, or cause to be deposited, or place, or cause to be placed, or leave, or permit to be or remain, upon any public thoroughfare or vacant lot, any garbage, swill, cans, bottles, papers, ashes, refuse or carcass of any dead animal, offal, trash or rubbish, or any noisome, nauseous or offensive matter.
(Prior code § 5-14.3; Ord. 21-1722 § 2)
No person shall throw or deposit litter in or upon any street, sidewalk, or other public place, except in public receptacles, in authorized private receptacles for collection, or in official City dumps.
(Prior code § 5-14.4; Ord. 21-1722 § 2)
A.
No person shall deposit, drop, dump, drain, place, throw or run, or cause or permit to be deposited, dropped, dumped, drained, placed, thrown or run, into or upon any public road, highway, street, alley, drainage ditch, storm drain or flood control channel, including any portion of the right-of-way, any offensive or noxious substance, including, but not limited to, bottles, cans, garbage, glass, plaster, nails, paper, mud, paint, sand, oil, petroleum products, building material residue or concrete residue.
B.
Any person who violates the provisions of subsection A of this section shall immediately remove such noxious or offensive substance or cause same to be removed. If such person fails to comply with this provision, the City officer may remove and dispose of such material. The City may thereafter maintain an action in the appropriate court against such person to recover the cost of removing and disposing of such material.
(Prior code § 5-14.5; Ord. 21-1722 § 2)
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.
(Prior code § 5-14.6; Ord. 21-1722 § 2)
No person shall sweep into or deposit in any gutter, street, or other public place, the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
(Prior code § 5-14.7; Ord. 21-1722 § 2)
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, or other public place, the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of litter.
(Prior code § 5-14.8; Ord. 21-1722 § 2)
No person shall drive or move any truck or other vehicle unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley, or other public place. Nor shall any person drive or move any vehicle or truck, the wheels or tires of which carry onto or deposit in any street or other public place sticky substances, litter or foreign matter of any kind.
(Prior code § 5-14.10; Ord. 21-1722 § 2)
No person shall throw or deposit litter in any park except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park, or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this chapter.
(Prior code § 5-14.11; Ord. 21-1722 § 2)
A. "Director" "Distribute" "Person" "Refusal register" "Unsolicited written material" "Written material"
Definitions. For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
means the City Manager or designee.
means the act of throwing, casting, scattering or depositing. Distribute does not include giving written material to a person who is willing to accept it.
means any individual, firm, partnership, association, corporation, company or organization of any kind.
means the most recent edition of the Unsolicited Written Material Refusal Register maintained by the Director in accordance with this chapter.
means written material that is delivered to a business or residence in the absence of a subscription agreement.
means any handbill, pamphlet, circular, newspaper, paper, booklet, poster, leaflet or other printed matter.
B.
Refusal Register.
1.
The Director shall maintain a list of those businesses and residences whose owners or occupants have submitted a written expression of their unwillingness to receive unsolicited written material. This list shall be known formally as the Unsolicited Written Material Refusal Register.
2.
The Director shall update the refusal register on a quarterly basis, as necessary.
3.
The Director shall, upon payment of a fee in an amount established by resolution of the City Council to cover the direct costs of duplication, provide a copy of the refusal register to any person.
C.
Distributors Required to Carry Refusal Register. It is unlawful for any person to distribute unsolicited written material unless he or she has, upon his or her person, a copy of the refusal register.
D.
Regulations Governing Distribution. It is unlawful for any person to distribute unsolicited written material, or to cause unsolicited written material to be distributed, in violation of the following regulations:
1.
Unsolicited written material shall not be distributed to any business or residence that is listed on the refusal register.
2.
Unsolicited written material shall not be distributed on any private property when requested by anyone on the private property not to distribute it.
3.
Unsolicited written material shall not be distributed on any private property when there is erected a printed sign in a conspicuous place upon the property containing the words, NO SOLICITATION, or words substantially similar to these words. Such a sign or notice shall be maintained in a place on such property where it is unobstructed from view and as near the main entrance as possible. The language in such sign shall be at least two inches high, composed of letters printed in the English language so as to be clearly visible. However, unsolicited written materials may be distributed in, or upon, private property even though the sign above referred to is so maintained if the person distributing such written material has first obtained the written consent of the person in charge of or in possession of the property upon which the written material is distributed.
4.
Unsolicited written material shall not be distributed to any business or residence that contains unremoved and unsolicited written material by the same publisher.
5.
Unsolicited written material shall not be distributed to any business or residence that reasonably appears to be vacant. For purposes of this subsection, reasonably appears to be vacant means that the business or residence does not contain any interior furnishings that are visible from the public right-of-way.
6.
Unsolicited written material shall not be distributed on any private property other than by securely attaching the written material to such property to insure that the unsolicited written material will not be blown away.
7.
Unsolicited written material shall not be distributed upon any sidewalk, street, alley or any other public place in the City.
8.
Unsolicited written material shall not be distributed in or upon any motor vehicle.
E.
Unlawful Distributions Designated Litter. All unsolicited written material that is distributed in violation of this chapter is designated as litter.
F.
Exemptions. The provisions of this section shall not apply to the following:
1.
The distribution of United States mail, telegrams or other matter preempted by State or Federal law;
2.
The posting of legally required notices;
3.
Distribution of any notices or other written material by persons employed by or acting at the behest of the City, State of California or the Federal government.
(added during 1999 codification; Ord. 21-1722 § 2)
No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
(Prior code § 5-14.18; Ord. 21-1722 § 2)
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection, or within any building when not in violation of any health, fire, building, or other regulation, order, ordinance, statute, or any provision of this Code.
(Prior code § 5-14.19; Ord. 21-1722 § 2)
No person shall throw or deposit litter on any open or vacant private property whether owned by such person or not.
(Prior code § 5-14.20; Ord. 21-1722 § 2)
A.
Notice to Remove. The City officer is authorized and empowered to notify the owner, or person shown as the owner upon the last equalized tax assessment roll, of any open or vacant private property, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail addressed to the owner at his or her last known address or at the address shown upon the last equalized tax assessment roll. A copy of the notice shall also be posted on the premises or in front of the premises.
B.
Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner, person or agent so notified to properly dispose of such litter dangerous to the public health, safety or welfare within seven days from date of posting of notice, the City officer is authorized and empowered to pay for the disposing of such litter or to order its disposal by the City. Thereafter, proceedings for the collection of the cost of disposing of such litter shall be in accordance with Section 8.28.240.
(Prior code § 5-14.21; amended during 1999 codification; Ord. 21-1722 § 2)
A.
A violation of this chapter shall be subject to enforcement through criminal prosecution, civil action, administrative citation, and/or civil penalties, as provided herein and by applicable law.
B.
Unless otherwise provided for in this chapter, any violation related to litter contained in this chapter, with an aggregate volume of less than one cubic yard, shall be punishable by the issuance of an administrative citation, in the amount of not more than $1,000 upon a first citation, by a fine of not more than $1,500 upon a second citation, and by a fine of not more than $3,000 upon a third or subsequent citation.
C.
Notwithstanding subsection A, any violation related to litter contained in this chapter, with an aggregate volume of one cubic yard or more, shall be a misdemeanor punishable by imprisonment in a County Jail for not more than six months and by a fine. The fine is mandatory and shall amount to not more than $3,000 upon a first conviction, more than $6,000 upon a second conviction, and not more than $10,000 upon a third or subsequent conviction. A violation under this chapter may alternatively be subject to administrative citations and fines in subsection A within the discretion of the prosecuting attorney.
D.
In addition to other penalties provided by law, any condition caused or permitted to exist in violation of this chapter is deemed a public nuisance and the City may proceed with summary abatement and recover the expenses of abatement for that nuisance, pursuant to Section 8.28.290 of this Code, or applicable local or State laws. Any of the penalties provided for in this section, are in addition to the City's authority to utilize any and all other administrative, civil or criminal remedies in connection with any violation of this chapter.
(Ord. 21-1722 § 2)
No person, owning or having charge or control or occupancy of any lot or private premises shall allow grass or weeds to accumulate or grow upon any abutting paved sidewalk area above its established grade or upon any part of such sidewalk area from curb to street line; provided, however, that nothing contained in this section shall be construed to require the removal from the borders of any sidewalk of any ornamental plant, lawn, shrub or trees of reasonable growth; provided that, the same are not, in the opinion of the City officer, obstructions to the free use of such sidewalk by pedestrians.
(Prior code § 5-14.22; Ord. 21-1722 § 2)
No person, owning or having control or charge or occupancy of any lot or private premises, shall allow weeds, vines, shrubs or brush which bear seeds of wingy or downy nature, which attain such a large growth as to become a fire menace when dry, or which contain poisonous oils, or which are otherwise noxious or dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises.
No person shall sow or disseminate, or allow or permit to mature, or sell or in any manner transfer, transport or convey, any noxious weed or any seed thereof.
No person owning, managing or having charge, control or occupancy of any lot or private premises on which palm trees (plants of the family Palmaceae) are growing shall permit the accumulation on such trees of dead or dry fronds to such a degree as to constitute a fire hazard or to permit bats, rats or other wild animals to use such fronds as shelter.
No person owning, managing or having charge or control of or occupancy of any lot or private premises shall suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of 10 inches above the grade in the area of growth. It is the duty of every such person to prevent such growth or existence. In any prosecution for violation of this section, it shall not be necessary to establish any facts excepting that the person accused owned, managed or had charge, control or occupancy of a lot or private premises where such condition existed, to establish the guilt of such person.
(Prior code § 5-14.23; amended during 1999 codification; Ord. 21-1722 § 2)
A.
If and when it shall appear that weeds, vines, shrubs or brush, grass, dry or dead palm fronds or litter have been placed upon or are upon or in front of private property, in violation of any of the provisions of this chapter or of any other provisions of this Code, the City officer may, by appropriate written order, direct the abatement of such nuisance by removal and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush, palm fronds, grass or litter shall be removed within seven days from and after the date of such posting.
B.
In the case of vacant private property only, in the event that any such property is cited five or more times within a period of five years or less for violations of this chapter relating to litter placed upon or being upon such property, the property shall be deemed to be a chronic nuisance. Thereupon the City officer may, by appropriate written order, direct the owner of such property to abate such nuisance by erecting a fence to secure the property against public access, in order to prevent further such depositing of litter, and shall cause notices to be posted upon or in front of such property to the effect that such fence must be erected within seven days from and after the date of such posting. Such fence shall consist of, or be substantially similar to, aluminum chain-link fence, six feet in height, with wood or aluminum vertical posts of at least the same height at intervals of not more than 10 feet.
C.
Such notice shall be conspicuously posted on or in front of the property, as follows:
1.
One notice shall be posted on or in front of each separately owned parcel having a frontage of less than 50 feet;
2.
Two notices are required to be posted for any such parcel having a frontage of 50 to 100 feet;
3.
If the frontage of such parcel is greater than 100 feet, notices shall be posted at intervals of not more than 100 feet, with one notice for each 100 feet of frontage.
The City officer shall also send a similar notice to the owner of the property, as shown upon any City record or upon the last equalized tax roll, whichever he or she shall determine to be the best means for notifying the actual owner, through the United States mail. 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 section. Such notice shall be mailed not less than 10 days prior to the date set for hearing upon objection as provided in Section 8.28.200. |
(Prior code § 5-14.24; Ord. 21-1722 § 2)
A.
The notice required to be given pursuant to subsection A of Section 8.28.180 shall be substantially as follows:
NOTICE TO DESTROY WEEDS AND RANK GROWTH AND TO REMOVE OVERSIZE GROWTH OR LITTER |
Notice is hereby given, pursuant to Chapter 8.28 of the Norwalk Municipal Code providing for the elimination of weeds, vines, brush, shrubs, grass, dry or dead palm fronds or litter growing upon or accumulated upon or in front of this property, and obstructing the use of sidewalks, parking or streets, or dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity, that the following conditions exist upon this property in violation of law: |
(Description of area and conditions) |
The Property to which this Notice applies is the following: |
(Description of property, by tax description, street address, lot number, parcel number or other reference sufficient to identify the premises) |
Said conditions subject the owners, managers or persons having charge, control or occupancy thereof to fine and imprisonment. In addition, such conditions constitute a public nuisance which must be abated by the removal thereof. Otherwise, such conditions will be corrected and the nuisance abated by the City. In such case, the cost of removal will be assessed upon the land from or in front of which the same are removed and will constitute a lien upon such land until paid. Reference is hereby made to Chapter 8.28 of the Norwalk Municipal Code for further particulars. A copy of the Code is on file in the Office of the City Clerk, Norwalk City Hall. |
All property owners having any objections to the proposed removal of said weeds, rubbish, refuse, dirt, rank growths or other material dangerous or injurious to neighboring property as aforesaid, are hereby notified to file a written statement of such objections, specifying the address or description of the property concerned, the reasons for objections, and the name, address, phone number (if any) and status (owner, manager, lessee, tenant or other) of the objector, which statement shall be filed with the City Clerk not later than the________day of________, 20_______. |
Upon receipt of such written statement, the City Clerk will set such matter upon the Agenda of the City Council and objectors will be notified by mail of the time and place of the meeting at which the City Council will hear and consider such objections. Such meeting shall be not sooner than three days after the mailing of such notices. |
B.
The notice required to be given pursuant to subsection B of Section 8.28.180 shall be substantially as follows:
NOTICE TO ERECT FENCE |
Notice is hereby given, pursuant to Chapter 8.28 of the Norwalk Municipal Code providing for the elimination of litter accumulated upon this property, and dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity, that the following record of citations exists with regard to this property: |
(Description of record of violations and citations) |
The property to which this notice applies is the following: |
(Description of property by tax description, street address, lot number, parcel number or the reference sufficient to identify the premises) |
Such conditions subject the owners, managers or persons having charge, control or occupancy thereof to fine or imprisonment. In addition, such conditions constitute a public nuisance which must be abated by the erection of a fence conforming to the requirements of Section 8.28.180 of the Norwalk Municipal Code. Otherwise, such fence will be erected by the City, and the cost will be assessed upon the land upon which the fence is erected and will constitute a lien upon such land until paid. Reference is hereby made to Chapter 8.28 of the Norwalk Municipal Code for further particulars. A copy of the Code is on file in the Office of the City Clerk, Norwalk City Hall. |
All property owners having any objection to the proposed erection of a fence are hereby notified to file a written statement of such objections, specifying the address or description of the property concerned, the reasons for objections, and the name, address, phone number (if any) and status (owner, manager, lessee, tenant or other) of the objector, which statement shall be filed with the City Clerk not later than the ________day of________, 20________. |
Upon receipt of such written statement, the City Clerk will set such matter upon the Agenda of the City Council and objectors will be notified by mail of the time and place of the meeting at which the City Council will hear and consider such objections. Such meeting shall be not sooner than three days after the mailing of such notices. |
(Prior code § 5-14.25; Ord. 21-1722 § 2)
At the time and place stated in the notices mailed by the City Clerk, the City Council shall hear and consider all objections to the proposed removal or correction of public nuisances or conditions. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. The decision of the City Council shall be final and conclusive and need not depend upon any particular evidence, showing or findings.
(Prior code § 5-14.26; Ord. 21-1722 § 2)
At the conclusion of the hearing, the City Council may order the City officer to abate the nuisance by entering upon private property to abate and remove the same.
(Prior code § 5-14.27; Ord. 21-1722 § 2)
The City officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of the abatement order 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 days from the date of the mailing, the officer will abate the same and will, if necessary, enter upon or into the private property of such person without further notice or liability in order to abate the nuisance.
(Prior code § 5-14.28; Ord. 21-1722 § 2)
The City officer may enter upon any private property and abate any nuisance found on, or in front of such private property, more than seven days after notice to abate such nuisance has been posted as required by this chapter, if no person has filed a written statement of objections as provided in this section within five days thereafter. In the event objections have been duly filed, and overruled by the City Council, such officer may enter upon any private property and abate any nuisance found on, or in front of such private property, in accordance with the order of the City.
(Prior code § 5-14.29; Ord. 21-1722 § 2)
A.
The City officer shall keep an account of the cost of abatement in front of or on each separate lot or parcel of land where work is done by him or her. He or she shall submit to the Property Maintenance and Building Rehabilitation Appeals Board for confirmation an itemized written report showing the cost, including an additional charge of $25 to cover the expenses which the City incurs in administering the provisions of this chapter.
B.
The City Clerk shall send a notice to the owner of the subject property as shown upon any City record or upon the last equalized tax roll, whichever he or she shall determine to be the best means for reaching the actual owner, through the United States mail, showing the cost of abatement on each separate lot or parcel of land of such owner and designating the time fixed for receiving and considering by the Property Maintenance and Building Rehabilitation Appeals Board of the report and for the hearing upon objections to it. 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 chapter, nor shall it invalidate the assessment against the subject property. A copy of the report shall be posted for at least three days prior to its submission to the Property Maintenance and Building Rehabilitation Appeals Board Review at the City's three official posting sites with a notice of the time of submission.
C.
At the time fixed for receiving and considering the report, the Property Maintenance and Building Rehabilitation Appeals Board shall hear it and shall hear objections of each property owner liable to be assessed for the abatement. The Property Maintenance and Building Rehabilitation Appeals Board shall make a report to the City Council with its recommendations as to the disposition of the assessments.
D.
The City Council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution.
(Prior code § 5-14.30; Ord. 21-1722 § 2)
The cost of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed it is a lien on the lot or parcel.
(Prior code § 5-14.31; Ord. 21-1722 § 2)
After confirmation of a report, a certified copy of the same 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 Book 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 procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his or her discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of County taxes shall apply to such special assessments.
(Prior code § 5-14.32; Ord. 21-1722 § 2)
The City officer shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report, prior to August 1st of the current year.
(Prior code § 5-14.33; Ord. 21-1722 § 2)
A.
Any assessment erroneously made may be cancelled or reduced so as to correct such error, and the tax paid on account of such error, 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 City Clerk 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 City Clerk, and shall be verified.
2.
Any claim shall be forwarded to the City officer for review and report to the City Treasurer. If the City officer shall determine that such assessment was erroneously made, in whole or in part, the City Treasurer shall 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 Treasurer shall be authority for the Auditor-Controller to so 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 Treasurer. In lieu of proof otherwise, the City Treasurer may presume that the person or persons to whom the litter tax was assessed was the person or persons who paid the same.
3.
Any claimant whose claim is not favorably acted upon in whole or in part within 60 days after the filing of the same, or whose claim is denied, in whole or in part, in writing, by the City Treasurer, may, within 10 days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the City Council, by written letter filed with the City Clerk.
4.
The City Council shall consider such disputed assessment at an open meeting, upon reasonable notice to the claimant, and shall afford the claimant an opportunity to be heard. If the City Council shall find the disputed assessment to be erroneous in whole or in part, it may direct the City Treasurer 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 provided in this chapter for such corrections and refunds.
5.
Not later than 30 days after the correction of any assessment or refund of any moneys, except by direction of the City Council, the City Treasurer shall transmit to the City Council a report of such action, together with the report of the City officer.
B.
Whenever the tax rolls have been corrected or a refund has been made by reason of erroneous assessment, a corrected written report of the type required by Section 8.28.240, 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 such lot or parcel as shown upon the current assessment rolls. In all other respects Sections 8.28.240 through 8.24.270 shall apply to such corrected assessment, except that the time for doing all things specified by Sections 8.28.240 through 8.28.270 shall relate from the date of confirmation of the corrected assessment.
(Prior code § 5-14.34; Ord. 21-1722 § 2)
Violation of this chapter is declared to be a public nuisance which may be abated as provided in Part 3 of Division 4 of the Civil Code of the State and in Chapter 2 of Title 10 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 chapter or by State law, including Section 372 of the Penal Code of the State.
(Prior code § 5-14.35; Ord. 21-1722 § 2)