Ord 41ORDINANCE NO. 41
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
DECLARING DRY WEEDS, DEAD SHRUBS, DEAD TREES,
AND CERTAIN WASTE MATTER TO BE A PUBLIC NUISANCE
AND PROVIDING FOR THE ABATEMENT AND REMOVAL THEREOF
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Section 1: That the health and safety of the City of Poway and the
residents thereof requires the addition of certain amendments to the Code of the
City of Poway, California.
Section .2.: That Division 5 of the Code of the City of Poway, California is
hereby amended by adding thereto a new Chapter, which shall be Chapter 4
"Abatement of Weeds, Shrubs, Dead Trees and Certain Waste Matter" to read as
follows:
CHAPTER 4: ABATEMENT OF WEEKS, SHRUBS, DEAD TREES, AND CERTAIN WASTE
MATTER.
Section 35.401 Weeds, Grasses, and other items declared a public nuisance.
(a)
Ail weeds, dry grasses, dead shrubs, dead trees, rubbish, or any
material growing upon the streets, sidewalks, or upon private property
within the City of Poway, which bears seeds of a wingy or downy nature
or which by reason of their size, manner of growth, and location
constitute a fire hazard to any building, improvements, crops or other
property, and weeds and grasses which, when dry, will in reasonable
probability constitute such a fire hazard, are hereby declared to be a
public nuisance.
(b)
Cultivated and useful grasses and pasture shall not be declared a
public nuisance. However, if the Director of Safety Services or his
authorized representative shall determine it necessary to protect
adjacent improved property from fire exposure, an adequate fire-break
may be required.
Section 35.402 Waste matter declared a public nuisance.
Waste matter as hereinafter defined, which by reason of its location
and character is unsightly and interferes with the reasonable enjoyment
of property by neighbors, or which would materially hamper or interfere
with the prevention or suppression of fire upon the premises, or the
abatement of a nuisance as defined by Section 35.401 is hereby declared
a public nuisance.
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PAGE 2
Section 35.403 Waste Material defined.
Waste material is defined for the purpose of this article as unused 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 and material as:
(a) Rubble, asphalt, concrete, plaster, tile;
(b) Rubbish, crates, cartons, metal and glass containers;
(c) Vehicle bodies and parts.
Section 35.404 Notice to clean premises.
If it is determined that a public nuisance, as herein defined, exists
on any lot or premise, or upon any sidewalk, parking or street adjacent
to such lot or premise the Director of Safety Services shall cause a
notice to be issued to abate such nuisance. Such notice shall be
headed: "NOTICE TO CLEAN PREMISES" in letters not less than one inch
(1") in length and which shall, in legible characters, direct the
abatement of the nuisance and refer to this article and section for
particulars. Notices served by means of other than posting as provided
by this article shall contain a description of the property in general
terms reasonable sufficient to identify the location of the nuisance.
Section 35.405 Service of Notice to Clean Premises.
The notice required by Section 35.404 of this Code may be served in
any of the following manners:
(a) By personal service on the owner, occupant or person in charge or
control of the property.
(b)
By regular mail addressed to the owner or person in charge and
control of the property, at the address shown on the last
available assessment roll, or as otherwise known.
(c)
By posting at a conspicuous place on the land or abutting public
right of way and insertion of an advertisement at least once a
week for the period of two weeks in a newspaper of general
circulation in the City of Poway. Said newspaper advertisement
shall be a general notice that property in the City of Poway has
been posted in accordance with this article and contain a general
statement of the effect of such postings. The date of such
newspaper advertisements shall not be considered in computing the
appeal periods provided by this article.
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PAGE 3
Section 35.406 Appeal, right of, to City Council
Within ten (10) days from the date of posting, mailing or personal
service of the required notice, the owner or person occupying or
controling such lot or premise affected may appeal to the City Council
of Poway. Such appeal shall be in writing and shall be filed with the
City Clerk. At the regular meeting or regular adjourned meeting of the
City Council, not less than five (5) days nor more than thirty (30)
days thereafter, it shall proceed to hear and pass upon such appeal,
and the decision of the City Council shall be final and conclusive.
Section 35.407 Time limit for revmoval of nuisance.
It shall be the duty of the owner, the agent of the owner, or the
person in possession of any lot or premise in the City of Poway within
ten (10) days from the date of notification as provided herein, or in
case of an appeal to the City Council, within ten (10) days from the
determination thereof, unless the same is sustained, to remove the
nuisance as stated.
Section 35.408 Abatement of nuisance by Director of Safety Services.
If the owner fails or neglects to remove the nuisance as herein
defined, within the time specified in this article, the Director of
Safety Services shall cause such nuisance to be abated. The abatement
work may be done by City crews or by private contractor. A report of
the proceedings and an accurate account of the cost of abating the
nuisance on each separate property shall be filed with the City
Council.
Section 35.409 City Clerk, obligation of.
The City Clerk shall thereupon set the report and account for hearing
by the City Council at the first regular or adjourned meeting which
will be held at least seven (7) and no more than thirty (30) calendar
days after the date of filing, and shall post a copy of said report and
account and notice of the time and place of hearing in a conspicuous
place at or near the entrance of the Council Chambers in Poway City
Hall.
Section 35.410 Hearing before City Council.
The City Council shall consider the report and account at the time set
for hearing, together with any objections or protests by any interested
parties. Any owner of land or person interested therein may present a
written or oral protest or objection to the report and account. At the
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PAGE 4
conclusion of the hearing, the City Council shall either approve the
report and account as submitted, or as modified or corrected by the
City Council. The amounts so approved shall be liens upon the
respective lots or premises, and the City Council shall adopt a
Resolution assessing said amounts as liens upon the respective parcels
of land as they are shown upon the last available assessment roll, and
determining that such weeds, grasses, dead trees, dead shrubs, and
waste matter constitute a public nuisance. The City Clerk shall
prepare and file with the County Auditor of the County of San Diego a
certified copy of such Resolution of the City Council.
Section 35.411 Payment prior to hearing.
The City Clerk of the City of Poway may accept payment of any amount
due at any time prior to the City Council hearing, as called for in
Section 35.410 of this Code.
Section 35.412 Government Code provisions adopted, and collection of
assessments.
The provisions of Section 39580 through 39586, inclusive, of the
Government Code of the State of California are incorporated by
reference and made a part of this Ordinance. The County Auditor shall
enter each assessment in 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; and, if delinquent, the
amount is subject to the same penalties and procedure of foreclosure
and sale as is provided for ordinary municipal taxes.
Section 35.413 Violation.
The owner, Occupant, or agent of any lot or premises within the City of
Poway who shall permit or allow the existence of a public nuisance as
defined in this Ordinance, upon any lot or premises owned, occupied, or
controlled by him or who shall violate any of the provisions of this
Ordinance, shall be quilty of a misdemeanor and upon conviction thereof
shall be subject to a fine of not more than Five Hundred Dollars
($500.00) or to imprisonment for a period not exceeding six (6) months,
or both such fine and imprisonment.
Section 35.414 Discretion.
Where discretion is herein given to determine a public nuisance or
reasonable probability thereof or any material question of fact herein
raised, that discretion shall lie with the Director of Safety
Services.
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Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 4th day of August, 1981 and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the llth day of August,
1981 by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS Oravec, Rexrode, Shepardson, Tarzy, Emery
COUNCILMEMBERS None
COUNCI LMEMBERS None