as used in this chapter refers to all those items enumerated
in C. G. C. Section 39561.5.
(Ord. 1017 § 1, 1966)
as used in this chapter means unusable or discarded matter
having no substantial market value, which is exposed to the elements
and is not enclosed in any structure or otherwise concealed from public
view and which consists (without limitation or exclusion by enumeration)
of such matter as:
Refuse, asphalt, concrete, plaster, tile, metal and glass containers
and broken articles of any kind or description;
Trimmings from lawns, trees, shrubs and gardens, waste, combustible
materials of any kind, pasteboard boxes, crates and cartons, rubber
tires which are worn out or unfit for further use, discarded lumber,
or any offal, filth, trash or any noisome, nauseous or offensive matter
of any nature, kind or description;
Vehicle bodies and parts.
(Ord. 1017 § 2, 1966)
(a)
It
is unlawful and constitutes public nuisance for the owner or person
in possession of private property to maintain or cause to be maintained
on public sidewalks, parking areas or streets abutting his or her
property any weeds or rubbish or any obstruction.
(b)
Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
(Ord. 1017 § 3, 1966; Ord. 1416 § 1, 1983)
(a)
It
is unlawful and constitutes a public nuisance for any person to maintain
or cause to be maintained on private property any weeds, dead shrubs,
dead trees or rubbish.
(b)
Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
(Ord. 1017 § 4, 1966; Ord. 1416 § 1, 1983)
Whenever a nuisance, as described in Sections 9.28.030 and 9.28.040, is found to exist within the city, that fact shall be communicated by the city engineer or his or her deputies, in writing, to the owner of the property abutting the public street or sidewalk whereon such nuisance exists, or to the owner of the private property whereon such nuisance exists.
(Ord. 1017 § 5, 1966; Ord. 1061 § 1, 1968)
Notice provided for in Section 9.28.050 shall be in the following form:
"Notice is Hereby Given that a public nuisance exists due to
the presence of weeds, rubbish, refuse, and/or dirt located on your
property at _________ in the city of Glendora, California, being more
particularly described in the attached legal description. This public
nuisance must be abated by the removal and disposal of such weeds,
rubbish, refuse and/or dirt, within 15 days of the date of this notice.
If this nuisance is not abated, the City will have the required work
accomplished and the cost of such abatement will be assessed upon
the land, from which such weeds, rubbish, refuse and/or dirt are removed.
Said cost will constitute a lien upon such land until paid.
All property owners having any objections to the proposed removal
of the weeds, rubbish, refuse and dirt are hereby notified that they
may demand a public hearing before the City Council of the City of
Glendora, by giving written demand therefor to the City Clerk of the
City of Glendora, within ten days of the date of this notice. Failure
to make demand for such hearing shall be deemed a waiver thereof and
a consent that the City may proceed to cause the removal of such nuisance.
Dated this ______ day of________, 20________."
(Ord. 1017 § 6, 1966; Ord. 1086 § 1, 1969)
The notice provided for in Section 9.28.060 shall be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date that the notice is given, or where such mailed notice is returned unopened such notice shall be posted on those properties as enumerated in C.G.C. Section 39564. the notice shall be dated the same date as it is mailed.
(Ord. 1017 § 7, 1966)
If any property owner demands a hearing before the city council
pursuant to the provisions of this chapter, the same shall be held
within two weeks after demand is made therefor, at which time the
city council shall consider any evidence offered by the property owner
as to whether or not a nuisance, in fact, exists. If the city council
determines that no nuisance exists, the city shall take no further
action with respect to the subject property. If the city council determines
that a nuisance exists, the council shall order that the nuisance
be abated by the owner within a reasonable period of time or that
the city cause such abatement and assess the charge therefor against
the real property.
(Ord. 1017 § 8, 1966)
The city clerk shall give written notice of the time and place when a hearing is held, pursuant to Section 9.28.080, to the property owner who has made a demand therefor, at least five days in advance of such hearing. Notice may be given by personal service or by depositing the same in the United States mail, postage prepaid. Such hearing may be continued from time to time, without further notice.
(Ord. 1017 § 9, 1966)
It shall be the duty of the owner, agent of the owner, or person
in possession of any lot or premises in the city to abate the nuisance
indicated in notification given in accordance with this chapter within
fifteen days after notice when no appeal is made to the city council.
Whenever an appeal is made to the city council and the city council
determines that a nuisance in fact exists, the nuisance shall be abated
by the owner, agent of the owner, or person in possession of the subject
lot or premises within ten days of the determination of the city council
or such other period of time as the city council may instruct.
(Ord. 1017 § 10, 1966)
Whenever a nuisance is required to be abated in accordance with
the terms and provisions of this chapter and it is not abated within
the time prescribed in the notice to abate or any other applicable
time requirement, the city engineer or his or her deputies shall cause
such nuisance to be abated and may enter upon private property for
that purpose.
(Ord. 1017 § 11, 1966; Ord. 1061 § 2, 1968)
The work of abatement of a nuisance may be done by city crews
or by a private contractor. In the event of a private contractor,
he or she shall keep an account and submit an itemized written report
for each separate parcel of land whereon work is performed.
(Ord. 1017 § 12, 1966)
The contractor engaged by the city may enter upon private property
to abate the nuisance.
(Ord. 1017 § 13, 1966)
The city engineer shall keep an account of the cost of abatement
in front of, or on each separate parcel of land where work is done
by the contractor engaged by the city or performed by the city. He
or she shall submit the same to the city council for confirmation.
(Ord. 1017 § 14, 1966; Ord. 1061 § 3, 1968)
A copy of the schedule showing the cost of abatement as required by Section 9.28.140 shall be posted at least three days prior to the submission to the city council on or near the council chambers with notice of the date it will be submitted to the council.
(Ord. 1017 § 15, 1966)
At the time fixed for receiving the schedule of account of the
cost of abating nuisance, the council shall hear it and any objections
to its submission and approval. The council may confirm, accept, modify
or reject the schedule of account as it deems fair and necessary.
Acceptance or modification shall be by resolution.
(Ord. 1017 § 16, 1966)
The cost of abatement in front of or on 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 and shall remain
a lien until paid.
(Ord. 1017 § 17, 1966)
A certified copy of the resolution confirming all or part of
the cost of abatement as set forth in the schedule of account, shall
be filed with the county auditor. The description of the parcel reported
shall be those used for the same parcels on the county assessor's
map book for the current year.
(Ord. 1017 § 18, 1966)
State laws relating to the levy, collection and enforcement
of county taxes apply to such special assessments, as are provided
for in this chapter.
(Ord. 1017 § 19, 1966)
The amount of assessment shall be collected at the time and
in the manner of the ordinary municipal taxes. If delinquent, the
amount is subject to the same penalties and procedures of foreclosures
and sale, as are provided for ordinary municipal taxes.
(Ord. 1017 § 20, 1966)
