For the purposes of this chapter, the following words and phrases
shall, when used in this chapter, have the following meanings:
means all areas where plantings are required either by ordinance
or when required as a condition to approval by the Architectural Commission
in any commercial or industrial zone.
means a mechanical or electrical irrigation system for the
distribution of water to the required landscaping.
means any cans, paper, junk, debris, glass, discarded lumber
or waste material.
includes any weeds or dead, diseased, damaged or overgrown
vegetation of any type (including trees, shrubs, hedges, grass and
ground cover).
(78-31)
All commercial landscaping areas shall be planted with suitable
plants, shrubs, grass, ground cover and trees as may be required by
the Architectural Commission or the department of community development.
(78-38)
All plantings required shall be irrigated by an approved sprinkling
system.
(78-38)
All plantings shall be cut, pruned or trimmed as needed to prevent
overgrowth of the landscaped area. Plantings shall be replaced as
needed in accordance with the approved landscaping plan. All modifications
to the approved landscaping plan shall be subject to review and approval
by the department of community development or the Architectural Commission.
(78-38)
All weeds, trash and debris shall be removed from the landscaped
area.
(78-38)
Failure to maintain any commercial landscaping area shall be
considered a public nuisance and abated as set forth in this chapter.
(78-38)
The code enforcement officer of the City shall inspect the commercial
landscaping areas and, where necessary, notify the owner of the real
property or his or her agent to comply with this chapter.
(78-38)
An order of real property wherein the landscaped area is located,
or his or her bona fide agent who has received an order from the City
to correct any condition existing on the subject property, may request
within fifteen days after such an order has been sent by registered
mail, return receipt requested, or delivered by personal service,
a hearing before the Architectural Commission sitting as a board of
appeals.
(78-38)
Upon receipt of a written request to appeal a order to correct
any condition existing on the commercial real property, the Architectural
Commission shall fix a time and place of public hearing thereon, not
less than fifteen days nor more than forty days thereafter. The Commission
shall make a determination and announce is decision within forty days
of such hearing. The decision shall determine the validity of the
violation and the order to correct the conditions in question. In
the event that the order to correct is upheld, the Commission shall
determine that the condition on the property is a public nuisance.
The Architectural Commission shall adopt a resolution which shall
state the decision and shall set forth findings in support of the
decision. A copy of the resolution shall be mailed to the applicant
by the City Clerk.
(78-3)
The decision of the Architectural Commission may be appealed
to the City Council within fifteen days of the date of mailing of
that decision. Such request for appeal shall be made in writing to
the City Clerk.
(78-3)
A notice of hearing before the City Council to consider an appeal of the Architectural Commission shall be given to the appellant in the same manner as stated in Sections 8.22.008 and 8.22.009. The decision of the City Council shall be final.
(78-38)
At the time and place of hearing, the City Council shall hear
and consider all relevant evidence including, but not limited to,
the report of the code enforcement officer, the resolution of the
Architectural Commission, objections or protests relative to the existence
of a nuisance because of the condition of the commercial landscaping
area, and the manner proposed for abatement of the nuisance.
(78-38)
Upon the conclusion of said hearing, the City Council shall,
on the basis of the evidence presented at such hearing, determine
whether the condition of the commercial landscaping area constitutes
a public nuisance. If the Council finds that a public nuisance exists,
it shall, by resolution, order the same abated in a reasonable time
to be set forth in the resolution. The determination of the City Council
shall be final and conclusive.
(78-38)
A copy of the City Council's resolution ordering the abatement
of the nuisance shall be served upon the owner of the property.
(78-38)
An owner shall have the right to rehabilitate the commercial
landscaping area at his or her own expense, provided the same is done
prior to the expiration of the time set forth in the resolution of
the City Council. If the compliance of the owner occurs within such
time, the proceedings hereunder shall be deemed terminated. If such
nuisance is not completely abated by the owner, as directed, within
the time set forth by the City Council's resolution, then the City
Manager shall cause the same to be abated by the City forces or private
contract, and entry upon the premises is expressly authorized for
such purposes.
(78-38)
Where the City Manager is required to cause the rehabilitation
of the commercial landscaping in order to abate the nuisance determined
by the City Council, he or she shall keep an accounting of the cost
thereof, including incidental expenses of such abatement. Upon conclusion
of such abatement, the City Manager shall submit his or her itemized
statement of costs to the City Clerk. Upon receipt of such statement,
the City Clerk shall cause notice of the time and place of such hearing
to be given to the owner of the property to which the same relates,
and to any other interested person who requests notice, by United
States mail, postage prepaid, addressed to such person at his or her
last known address, at least five days in advance of such hearing.
The term "incidental expenses" includes, but is not limited to, the
actual expenses and costs of the City in the preparation of notices,
specifications and contracts, inspection of the work, and costs of
printing and mailings required under this chapter.
(78-38)
At the time and place fixed for receiving and considering said
report, the City Council shall hear and pass upon the report of the
City Manager, together with any objections or protests raised by any
of the persons liable to be assessed for the cost of abating such
nuisance. Thereupon, the City Council may make such revision, correction
or modification to said report as it may deem just, after which the
report as submitted, or as revised, corrected or modified, shall be
confirmed by resolution. Said hearing may be continued from time to
time. The decision of the City Council shall be final and conclusive.
(78-38)
The City Clerk shall give notice of the City Council's decision
to the owner of the property by United States mail, postage prepaid,
addressed to such owner at his or her last known address.
(78-38)
The cost of abatement of the nuisance relating to the commercial
landscaping area as confirmed by the City Council shall constitute
a special assessment against the land to which it relates and, after
its recording, shall constitute a lien on said property in the amount
of such assessment. After the confirmation of said report, a copy
thereof shall be transmitted to the assessor and the tax collector
for the City, whereupon it shall be the duty of said assessor and
tax collector to add the amount of such assessment, or assessments,
to the next regular bills of taxes levied against said respective
lot or parcel of land for municipal purposes, and thereafter said
amount shall be collected at the same time and in the same manner
as ordinary municipal taxes are collected, and shall be subject to
the same penalties and the same procedure for foreclosure and sale
in case of delinquency as provided for ordinary municipal taxes.
(78-38)
