For the purpose of this Chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth unless it is apparent from the context that a different meaning is intended.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
The strip of property lying in front of and between the curbline and property line of the adjoining or abutting lot, piece or parcel of land within the City and bounded on the side or sides by the prolongation in a straight line of the side line or lines of said lot, piece or parcel of land, in front of which such strip exists.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
The person collecting real estate taxes levied upon real estate for the City.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
It shall be the duty of the owner, and of the agent of the owner, and of the lessee, and of the occupant or person in possession of any lot, parcel, tract or piece of land, improved or unimproved, in the City to at once remove from the sidewalk abutting or adjoining such lot, parcel, tract or piece of land, all earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste material of all kinds, and other unsanitary substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of said property, lands or lots, or obstruct such sidewalks and thereby endanger or injure persons traveling thereon.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
It shall be the duty of the owner, and of the agent of the owner, and of the lessee, and of the occupant, and of the person in possession of any lot, parcel, tract, or office of land, improved or unimproved, in the City, to keep the said lot, parcel, tract or piece of land, free from all earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste material of all kinds, and other unsanitary substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of such property.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
It is unlawful for any person to refuse to allow the Planning and Building Department Director to enter upon any premises at any time during the hours of daylight for the purpose of removing any earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse or waste material of any kind, or other unsanitary substances or objects which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property; nor shall any person interfere with the Planning and Building Department Director in the work of removing any such earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste material, or other unsanitary substances or objects.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
Whenever the Planning and Building Department Director shall find any earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste material of any kind, or other unsanitary substance or object, in or upon the sidewalk abutting or adjoining any lot, parcel, tract or piece of land within the City, or in or upon any lot, parcel, tract, piece of land or grounds within the City, which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity, or obstruct such sidewalks and thereby endanger or injure persons traveling thereon, he or she shall give notice to remove such earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse or waste material, or other unsanitary substances or objects, in the manner hereinafter provided.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
Such notice shall be in writing, signed by the Planning and Building Department Director and substantially in the following form:
"NOTICE TO CLEAN PREMISES
To the owner, agent of the owner, lessee, occupant, or person in possession of the premises hereinafter described:
Your attention is hereby directed to the provisions of Section _____ of the Municipal Code of the City of Inglewood, California, which Code is on file in the office of the City Clerk thereof. Pursuant to the provisions of said Code, you are hereby notified to at once, and in any event within ten days from the date of this notice, remove from the property hereinafter described, all earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste material of all kinds and other unsanitary substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of such property, and thereafter keep the said premises free there from. In the event you shall fail so to do within the time hereinabove limited, the undersigned will cause the same to be so removed, and the charges therefor will be a lien upon said premises, or upon the lot or parcel of land adjoining and abutting the sidewalk in the event the sidewalk is the parcel to be cleaned. The said property is situated in the City of Inglewood, California, and is described as follows:
You have ten days from the date of this notice to file an appeal under Inglewood Municipal Code Section 6-13.
Dated this _____day of _____, 20_____
___________________________________________
Planning and Building Department
Director of the City of Inglewood, California."
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
Such notice shall be given by delivering the same personally to the owner, agent of the owner, lessee, occupant, or person in possession of the premises described in said notice, or by depositing said notice in the United States mail at Inglewood, California, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant, or person in possession of the lot, piece or parcel of land therein described, at his or her last known address, and if no address is known or made known to the Planning and Building Department Director, then to the general delivery at Inglewood, California, or by posting said notice on the property concerned.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
Within ten days from the date of posting, serving or mailing said notice, the owner, or any person interested in the property, land or lots affected by said notice, may appeal to the City Council on the requirements thereof. Such appeal shall be in writing, shall state the objections of the person filing the same, shall be filed with the City Clerk and by him or her presented to the City Council at its next regular meeting. The Council shall thereupon proceed to hear and pass upon the said appeal, and its decision thereupon shall be final and conclusive.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
If the owner, agent of the owner, lessee, occupant or person in possession of the premises described in the notice to clean premises, shall fail to remove any such earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse or waste material of any kind, or other unsanitary substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of such property, from the property described in such notice, within the time therein limited in accordance with the provisions of this Chapter, it shall be the duty of the Planning and Building Department Director to remove any and all such earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste materials of all kinds, and other unsanitary substances or objects therefrom.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
The Planning and Building Department Director shall make out a verified statement of the expenses incurred by him or her for making such removal pursuant to Section 11-110, and shall place the same on file with the City Clerk within one year after such removal or where the work is contracted to a firm, the statement shall be filed within ten days after the completion of the annual removal from properties within the City. Said statement shall, as to each piece of property therein referred to, show the number of the lot and block, and also the name of the tract or subdivision in which the lot lies, or shall describe the lot or parcel of land in any other way by which it may be easily identified, and the cost of so cleaning the same; provided, however, that one or more lots may be set forth in one and the same statement.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
Within five days after the filing of the said statement of expenses by the Planning and Building Department Director in the office of the City Clerk, the City Clerk shall cause to be conspicuously posted in at least three public places within the City, a notice substantially in the following form:
"NOTICE RE EQUALIZATION OF WEED
AND CLEANING TAXES
"NOTICE IS HEREBY GIVEN that the (Construction Appeals Board or City Council) will hear protests or objections to weed or cleaning taxes, for the purpose of correcting, modifying or confirming the same on the _____day of_____, 20_____ in the Council Chamber in the City Hall of said city beginning at the hour of o'clock p.m. of the said day. (In the event the Construction Appeals Board is scheduled to hear said protests, the Clerk is authorized to add the following 'Said hearing will be orally renoticed by the chairman of said Board at the conclusion of said hearing to a later date for hearing before the City Council regarding any protests remaining unresolved'). The failure to make objection or protest at said hearing or hearings shall be deemed to be a waiver of same. A statement showing all property affected and the respective taxes or charges against the same is now on file in the office of the City Clerk at the City Hall of said City, and is open to public inspection.
Dated this _____ day of_____, 20_____
___________________________________________
Planning and Building Department
Director of the City of Inglewood, California."
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
The City Clerk shall prepare a notice of amount of verified expenses in substantially the following form:
"NOTICE RE EQUALIZATION
NOTICE IS HEREBY GIVEN, that the (Construction Appeals Board or City Council) will hear protests or objections that the (Construction Appeals Board or City Council) will hear protests or objections to weed or cleaning taxes for the purpose of correcting, modifying or confirming the same the day of _____, 20_____ in the Council Chambers in the City Hall of said City beginning at the hour of o'clock p.m. of the said day. (In the event the Construction Appeals Board is scheduled to hear said protests the Clerk is authorized to add the following: 'Said hearing will be orally renoticed by the chairman of said Board at the conclusion of said hearing to a later date for hearing before the City Council regarding any protests remaining unresolved at the conclusion of the Construction Appeals Board hearing'.)
The failure to make objection or protest at said hearing or hearings shall be deemed to be a waiver of same.
A statement showing all property affected and the respective taxes or charges against the same is now on file in the office of the City Clerk at the City Hall of said City, and is open to public inspection.
The verified statement indicates that the property described as has incurred the expense of _____dollars and _____ cents ($).
Dated this _____ day of _____, 20_____
___________________________________________
Planning and Building Department
Director of the City of Inglewood, California."
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
The City Clerk shall, within five days after the filing of the Statement of Expenses referred to in Section 11-111 by the Planning and Building Department Director in the office of the City Clerk, give notice of the amount of verified expense, incurred in the form provided by Section 11-113 by delivering the same personally to the owner, agent of the owner, lessee, occupant, or person in possession of the premises described in said statement of expenses, or by depositing said notice in the United States mail at Inglewood, California, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant, or person in possession of the premises described in said statement of expenses, at his or her last known address, and if no address is known or made known to the Planning and Building Department Director, then to the general delivery at Inglewood, California; provided, however, that no notice nor any publication of any notice, order, resolution or other matter provided for in this Section, shall be necessary to give validity to any of the proceedings provided for in this Chapter.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
As soon as scheduling permits, the City Council, sitting as the Board of Equalization at said hearing, may modify or correct any weed or cleaning tax which in its opinion is excessive or otherwise incorrect. If no corrections or modifications are made, said weed and cleaning taxes shall be deemed confirmed and the Board's decision thereon shall be conclusive, and the same shall thereupon become a lien against the property involved and against the premises or property abutting or adjoining the sidewalk in the event the property cleaned be the sidewalk, until paid. If any correction or modification in any weed or cleaning tax is made, said corrected or modified amount shall be deemed confirmed and the Council's decision thereupon shall be conclusive, and the same shall thereupon become a lien against the property involved, and against the premises or property abutting or adjoining the sidewalk in the event the property cleaned be the sidewalk, until paid.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
The owner, or other person interested in the premises on which any work has been performed, under the provisions of this Chapter, may pay the costs thereof to the City Clerk within sixty days after the filing of said statement by the Planning and Building Department Director with the City Clerk. The City Clerk shall cause all monies collected hereunder to be paid into the City Treasury without delay.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81; Ord. 08-05 4-22-08)
A statement of all mounts remaining unpaid at the end of said period of sixty days, verified by the City Clerk, and giving the description of the respective pieces or parcels of land upon which such charges exist, shall immediately thereupon be prepared by the City Clerk, and shall be by him immediately forwarded to and filed with the Tax Collector, who shall thereupon cause an entry to be made on the tax roll opposite the description of the property therein described as follows: "Weed and Cleaning Tax $_____," filling in the amount of the expense shown in the statement of the City Clerk in each particular case, plus a penalty of eight percent to cover the incidental expense of collection. The Tax Collector shall thereafter cause a corresponding entry to be made on the tax bill for the said property; and thereafter before any payment shall be received for any tax for the redemption of the said property, the said amount of weed and cleaning tax shall first be paid.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
In all respects, other than as in this Chapter recited, said weed or cleaning taxes shall be collected and the collection thereof endorsed, in the same manner, under the same conditions, and pursuant to the same notices, as other taxes upon real property in the City.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
Any weed or cleaning taxes, penalties or costs thereon paid more than once, or erroneously, or illegally collected by reason of a clerical error, may, by order of the City Council, be refunded by the City Treasurer; provided, however, that no order of the City Council to refund weed or cleaning taxes, penalties or costs, shall be made except upon a verified claim therefor, filed within six months after making of the payment sought to be refunded, or in the case of a double assessment of such taxes, within two years after such payment.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
No assessment or act relating to the assessment or collection of weed or cleaning taxes is illegal on account of informality, nor because the same was not completed within the time required by law; nor shall any such taxes ever be held illegal on account thereof.
(Ord. 2348 7-31-79; Ord. 2397 5-5-81)
In the event the Construction Appeals Board is noticed by the City Clerk to hear protests regarding weed or cleaning taxes, said Board shall act in a solely advisory capacity to the City Council recommending confirmation or modification of proposed weed or cleaning taxes.
(Ord. 2004 7-11-69; Ord. 2348 7-31-79; Ord. 2397 5-5-81)