It shall be the duty of the owner and of his agent, and of the lessee, occupant or person in possession of any lot, parcel, tract or piece of land, improved or unimproved, in the City to keep the lot, parcel, tract or piece of land free from all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete, refuse, rubbish, paper, and waste material of every kind, or other unsanitary substance, object or condition, which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property.
It shall be the duty of the owner and his agent, and of the lessee, 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, parkway or alley abutting or adjoining such lot, parcel, tract, or piece of land, all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete, rubbish, paper, refuse, and waste material of any kind, or other unsanitary substance, object or condition, which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of the property, lands or lots, or obstruct such sidewalks, parkways, or alleys, and thereby endanger or injure persons travelling thereon.
Whenever the Street Superintendent of the City shall find any loose earth, mounds of soil, dry grass, weeds, dead trees, abandoned concrete or asphalt, tin cans, rubbish, paper, or waste material of every kind, or other unsanitary substance, object or condition in or upon the sidewalk, parkway, or alley abutting or adjoining any lot, parcel, tract, or piece of land within the City, or in or upon any lot, parcel or tract, piece of land or grounds within the City, which may endanger or injure neighboring property or the public health, public safety, or public welfare, or obstruct such sidewalks, parkways or alleys and thereby endanger or injure persons travelling thereon, he shall give, or cause to be given, notice to remove such loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, paper, refuse or waste material of every kind, or other unsanitary substance, object or condition. Such notice shall be in writing, signed by the street superintendent 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 §§ 5-6-100 to 5-6-200 of Title 5, Chapter 6 of the City of San Juan Bautista Municipal Code on file in the office of the City Clerk of said City.
Pursuant to the provisions of such sections you are hereby notified to at once, and in any event within (10) days of the date of this notice, remove from the property herein described, all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, paper, refuse and waste material of all kinds and all other unsanitary substance, object or condition which may endanger or injure the public health, public safety, or public welfare and thereafter keep the said premises free therefrom. In the event you shall fail so to do within the hereinbefore limited time, the undersigned will cause the same to be so removed and charges therefore will be a lien upon said premises and upon the lot or parcel of land adjoining and abutting the sidewalk, parkway or alley, in the event the sidewalk, parkway or alley is to be cleaned.
The said property is situated in the City of San Juan Bautista, California, and is described as follows: Lot ______, Block ______, Tract ______.
If you desire the City to do the work and charge it to you for it, please notify it in writing to do so. The City contracts this work and the charge will be for the actual costs.
Before doing any of the work yourself, it is suggested that you confer with this office in the City Hall in San Juan Bautista in order to acquaint yourself with the requirements.
Dated at San Juan Bautista, California, this ______ day of ______, 20__.
Signed:
_____________________
City Manager
The notice provided in the preceding section shall be given by delivering the same personally to the owner, agent or the owner, lessee, occupant or person in possession of the premises described in the notice or by depositing the notice in the United States mail, 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 last-known address, and, if no address is known or made or made known to the City Manager, then to the general delivery at San Juan Bautista.
The street superintendent or other person mailing the notice required by SJBMC 5-6-110 must file in the office of the City Clerk an affidavit of such mailing, which affidavit shall be conclusive evidence that the notice was mailed as required by SJBMC 5-6-110.
In the event that a notice required by SJBMC 5-6-110 is given by the City Manager as part of a general scheme or project to clean or improve ten (10) or more lots or parcels of land at any one (1) time, such as an annual cleaning of weeds from vacant lots, then, in addition to such notice, the Street Superintendent shall publish in the official newspaper of the City a general notice substantially in the following form:
NOTICE TO CLEAN PREMISES
TO THE OWNERS, AGENT OF OWNERS, LESSEE, OCCUPANTS, OR PERSONS IN POSSESSION OF VACANT LOTS IN THE CITY OF SAN JUAN BAUTISTA, CALIFORNIA:
YOUR ATTENTION IS HEREBY DIRECTED to the provisions of §§ 5-6-100 to 5-6-200 of Title 5, Chapter 6 of the City of San Juan Bautista Municipal Code, on file in the office of the City Clerk thereof.
Pursuant to the provisions of such sections, you are hereby notified that the City is commencing an annual weed cleaning project. Notices will be mailed to the owner, agent of the owner, lessee, occupant, or persons in possession of any lot, piece or parcel of land required to be cleaned and improved. Such notice shall be mailed to the last known address, and if not such address is known or made known to the City Manager, then such notice will be mailed to General Delivery at San Juan Bautista, California. Each such notice shall require that within ten (10) days after the date of such notice all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt and concrete, rubbish, refuse, paper, and waste material of all kinds and all other unsanitary substance, object or condition which may endanger or injure neighboring property or afford a refuge for rats or vermin or otherwise endanger or injure the public health, public safety or public welfare, shall be removed. Failure to receive such notices will not excuse failure to do the work therein required. You are advised to acquaint yourself with the provisions of this title, and with the requirements of the City Manager and to leave your name and address at his office if you desire such notice.
Signed:
__________________
City Manager of the City of
San Juan Bautista, California
Such notices shall be published as aforesaid within seven (7) days either before or after the date that first notice is mailed.
Within ten (10) days from the date of posting, publishing, serving or mailing any notice under this Article, whichever shall be last, the owner, or any person interested in the property, land, lots, or parcels of land affected by such notice, may appeal to the City Council of the City from the requirements thereof. Such appeal shall be in writing, shall state the objections of the person filing the same, and shall be filed with the City Clerk and presented to the City Council at its next regular meeting. The City Council shall proceed to hear and pass upon the appeal and render its decision thereon, determining, by resolution, whether the City Manager shall proceed in accordance with the notice as given or as modified by the City Council, or not at all, and its decision thereon shall be final.
If any person given the notice provided for in SJBMC 5-6-110 fails to comply therewith within the time therein limited or as extended by the City Council, it shall be the duty of the City Manager to remove all such loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, paper, refuse and waste material of every kind, and every other unsanitary substance, object and condition therefrom.
It shall be unlawful for any person, owner, agent of the owner, lessee, or anyone in possession of any premises within the City to refuse to allow the Street Superintendent or his deputies or employees to enter upon the premises at any time during the hours of daylight of any weekday for the purpose of removing any loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, refuse, paper, waste material of every kind or other unsanitary substance or objects, which may endanger or injure neighboring property or the public health or public safety or general welfare of the residents of the vicinity of such premises, or to interfere in any way whatsoever with the City Manager, or his deputies or employees, in any work which he may undertake under the provisions of this Article.
The City Manager shall make out a statement of the expense incurred by him for making the removal provided for in SJBMC 5-6-140 and shall place the same on file with the City Clerk. Such 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 shall show the cost of so cleaning the same; provided, however, that one (1) or more or all of the lots may be set forth in one (1) or the same statement.