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2907FOLLOWS: ORDINANCE NO. 2907 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, CHAPTER 6.16 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO DIRT, RUBBISH, WEEDS AND RANK GROWTH. THE CI'T'Y COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Title 6, Chapter 6.16 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows and the remainder of said chapter is hereby repealed: "CHAPTER 6.16 WEED ABATEMENT. SECTION 6.16.001 Title This Part shall be known and may be cited as the "WEED and REFUSE CONTROL ORDINANCE" of the City of Anaheim. SECTION 6.16.010 Definitions For the purpose of this Part, the following terms, phrases, words, and their derivations shall have the meaning given herein, unless the context indicates that a different meaning is intended. A. DESIGNATED OFFICER - Appointed by City Manager. B. LOT shall mean any lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining said lot, parcel, tract, or piece of land; and the parkways, or areas lying between the curb line and the street line of said adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists. C. PRIVATE PREMISES shall mean: 1. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building, or other structure. 2. Business establishments, commercial, industrial or manufacturing buildings, lots, yards, grounds, walks, driveway, porch, steps belonging or appurtenant to such establishment or adjacent thereto. D. PUBLIC PLACE shall mean any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all parks, public squares, spaces, grounds, and buildings. E. BRUSH shall mean branches of trees sheared therefrom, a thicket of shrubs or bushes. -1- F. NOXIOUS GROWTH shall mean weeds, vines, grasses or brush which bear seeds of a wingy or downy nature, or which attain a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community. G. REFUSE shall include rubbish, garbage, rubble or any refuses, rejected or discarded matter or property. H. STREET LINE shall mean the boundary line between a public street right of way and an abutting lot, or between a private street open to public use and an abutting lot. SECTION 6.16.015 NOXIOUS GROWTHS AND REFUSE. No person owning, managing or having control or charge or occupancy of any lot or private premises, shall; (a) allow noxious growths or growths otherwise dangerous to the life, health, comfort, or convenience of the community, to grow or remain upon such lot or private premises; (b) sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises; (c) suffer or permit any noxious growth to grow or exist in excess of six (6) inches above the grade in the area of growth; (d) allow or place refuse, rubbish, rubble, etc., on any lot or private premises. It is the duty of every such person to prevent such growth or existence. To establish a prima facie violation of this Section, it shall not be necessary to establish any facts except that the accused person owned, managed or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. SECTION 6.16.020 NOTICE REQUIRING REMOVAL OF NOXIOUS GROWTHS AND/OR REFUSE. A. If and when it shall appear that noxious growths exist upon, or growing upon or have been placed upon or in front of any lot or private premises, in violation of anv of the provisions of this part (or any other provision of this Code) the designated officer may, by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or in front of such lot to the effect that such weeds, vines, grasses, or brush and/or refuse must be removed within ten (10) days from and after the date of such posting. Such notices shall be conspicuously posted on or in front of the lot on or in front of which the condition exists, as follows: (1) One (1) notice shall be posted on or in front of each separately owned parcel. -2- (2) Not more than two (2) notices shall be posted to any parcel of fifty (50) to one hundred (100) feet frontage. (3) Notices shall be placed at intervals of not more than two hundred (200) feet if the frontage of a parcel is greater than one hundred (1.00) feet, with one (1) notice for each two hundred (200) feet of frontage. B. In lieu of posting such notices, the designated officer may send a similar notice to the owner of the subject property as shown upon any City record, or upon the last equalized tax roll, at his last known address, whichever he shall determine to be the best means for reaching the actual owner, through the United States mail, but the failure of the owner to receive such notice shall not affect the power of the City or its officers or employees to proceed as provided in this Part. Such notice shall be mailed not less than ten (10) days prior to the date set for performing the weed and refuse abatement work. SECTION 6.16.030 NOTICE FORM. The heading of the notice shall be "NOTICE TO DESTROY WEEDS AND REMOVE REFUSE", in letters not less than one (1) inch in height. Said notice shall be in substantially the following form: NOTICE TO DESTROY WEEDS AND REMOVE REFUSE Notice is hereby given, pursuant to Title 6 of Chapter 6.16, Section 6.16.015, of the Anaheim Municipal Code providing for the elimination of noxious growths such as weeds, vines, grasses or brush growing upon or accumulated upon or in front of this property, and/or rubbish which exists or has accumulated upon or in front of this property, that such conditions exist upon or in front of this property in violation of law. In the event these conditions are not abated by you within ten (10) days from the date hereon, the City may abate said illegal conditions and the owner of such property or premises, or the person having control or possession thereof, shall be liable to the City of Anaheim for the costs of such abatement which may be recovered in a civil action. If written notice is to be given in addition to, or in lieu of the above notice, a description of the conditions and the follow- ing information is to be included in said notice: a description of the property, by tax description, street address, if known, lot number, parcel number, or other description sufficient to identify the premises. Such additional, mailed notice shall also state in substance the following: "Said conditions shall subject the owners, managers or persons having charge, control, or occupancy thereof to prosecution and to a possible fine and imprisonment. In addition, such conditions constitute a public nuis- ance which must be abated by the removal thereof, or the cutting of oversize growths. Otherwise, such conditions will be corrected and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the same are removed or trimmed and will -3- constitute a lien against such land until paid. Reference is hereby made to Title 6 of Chapter 6.16, Section 6.16.015 of the Anaheim Municipal Code above referred to for further particulars. A copy of said Code is on file in the Office of the City Clerk, City Hall, Anaheim, California. "All persons having any objections to the proposed removal of said noxious growths or refuse, as aforesaid, are hereby notified to file a written statement of such objections, specifying the address or description of the property concerned, the reasons for objections, and the name, address, phone number (if any), and status (owner, manager, lessee, tenant, or other) of the objector, which statement shall be filed with the City Clerk not later than a date not more than five (5)days after the posting of this notice. "Upon receipt of such written statement, the City Clerk will set such matter upon the Agenda of the City Council and objectors will be notified by mail of the time and place of the meeting at which said City Council will hear and consider such objection. Such meeting shall not be sooner than three (3) days after the mailing of such notices." SECTION 6.16.040 HEARING. At the time and place stated in the notices mailed by the City Clerk, the City Council shall hear and consider all objections to the proposed removal or correction of said public nuisance or conditions. They may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. The decision of the City Council shall be final and conclusive. SECTION 6.16.050 ABATEMENT ORDER. At the conclusion of said hearing, the City Council may order the designated officer to abate said nuisance by enter- ing upon private property to abate and remove the same after service of order. SECTION 6.16.060 SERVICE OF ORDER. The designated officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objections. The abate- ment order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of mailing, said officer will abate the same and will, if necessary, enter upon or into the private property of said person with- out further notice or liability therefor in order to abate said nuisance. SECTION 6.16.070 ABATEMENT BY CITY. The designated officer, his work force and their equip- ment may enter upon any private property and abate any nuis- ance found thereon, or in front thereof, provided ten (10) days' Notice to Abate such nuisance shall have been posted or mailed as required by this Part, the time allowed by said -4- Notice shall have expired, and no person shall have filed a written statement of objections as herein provided within five (5) days after posting or mailing; in the event objec- tions shall have been duly filed, and overruled by the City Council, such designated officer, his work force and their equipment may enter upon any such private property and, in accordance with the order of the City, abate the nuisance found thereon, or in front thereof. SECTION 6.16.080 COST OF ABATEMENT. Said designated officer shall keep a separate account of the cost of abatement for each individual lot where any work was performed upon or in front of said lot. He shall submit to the City. Manager for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three (3) days prior to its submission to the City Council on or near the Council Chamber door with a notice of the time of sub- mission. At the time fixed for receiving and considering the report, the City Council shall hear it and shall hear any objec- tions of the property owners liable to be assessed for the abate- ment. The City Council may modify the report if it is deemed necessary and shall then confirm the report. SECTION 6.16.090 SPECIAL ASSESSMENTS. Lien The cost of abatement upon or in front of each lot constitutes a special assessment against that lot. After the assessment is made and confirmed, it is then a lien on the lot. SECTION 6.16.100 COST ASSESSMENT. After confirmation of the report, a certified copy of the same shall be filed with the County Assessor on or before August 10th of each year. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's Map Book for the current year. The County Assessor shall enter each assessment on 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. If delinquent, the amount is subject to the same penalties and pro- cedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection, and enforce- ment of County taxes shall apply to such special assessment taxes. SECTION 6.16.110 COST PAID TO CITY. The designated officer shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report. Said designated officer may bill the owner of record directly at any time he shall desire. SECTION 6.16.120 CORRECTION OF ERRONEOUS ASSESSMENT. A. Any assessment erroneously made may be cancelled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure; -5- (1) A claim of error may be filed with the City Clers at any time before the expiration of one year following April 10th of the tax year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the City Clerk and shall be verified; (2) Any claim filed shall be forwarded to the designated officer for review and report to the Finance Director. If the designated officer shall determine that such assessment was erroneously made, in whole or in part, the Finance Director shall request the Orange County Board of Supervisors to direct the County Auditor - Controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the Finance Director shall be authority for the Auditor -Controller so to correct the tax rolls. If sucil assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person who paid the same, by the Finance Director. In lieu of proof otherwise, the Finance Director may presume that the person or persons to whom the abatement cost was assessed was the person or persons who paid the same. (3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty (60) dans after the filing of the same, or whose claim is denied in whole or in part by the Finance Director, may, within ten (10) days after such denial or after the expiration of such period, appeal suc_z denial or failure to act favorably to the City Council by written letter filed with the City Clerk. (4) The City Council shall consider such disputed assessment at an open meeting, upon reasonable notice to the claimant, and shall afford the claimant an opportunity to be heard. If the City Council shall find the dis- puted assessment to be erroneous in whole or in part, it may direct the Finance Director to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds. (5) Not later than thirty (30) dans after the correction of any assessment or refund of any monies hereunder, except by direction of the City Council, the Finance Director shall transmit to the City Council a report of such action, together with the report of the designated officer. B. Whenever the tax rolls have ;ween corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by Section. 6.16.120 relating to the work for which such erroneous assessment was levied, may be prepared by the officer who prepared the original report. Such report shall show the cost of abatement upon, or in front of the lot where the work has been done and shall state that it is proposed. to -6- assess such cost against such lot. report shall be mailed to the owner upon the current assessment roll. Sections 6.16.02.0 through 6.16.080 rected assessmentsi except that the therein specified shall relate from of the corrected assessment. A copy of such corrected of said lot as shown in all other respects, shall apply to such cor- time for doing all things the date of confirmation SECTION 6.16.130 VIOLATION A PUBLIC NUISANCE. Violation of this Part is '_Hereby declared to be a public nuisance which may be abated as provided in Part 3 of Division 4 of the Civil Code of the State of California and in Chapter 2 of Part 2 of the Code of Civil Procedure of the State of California, which remedy shall be in addition to any other remedy provided in this Part or by State law, including Section 372 of the Penal Code of the State. SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circu- lated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 16th day of February , 19 71. r P;�AjCOR OF THE CITY OF ANAHEIM ATTEST: DENE M. WILLIAMS, CITY CLERK By ��r,z�, %,�? tet. i��czyUQ �'`� Deputy CITY CLERK OF THE CITY OF ANTU IM -7- FAL: kw STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF ANAHEIM ) I, DEME M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 2907 was introduced at a regular meeting of the City Counciloft e City of Anaheim, held on the 9th day of February , 19 71 , and that the same was passed and adopted at a regular meeting of said City Council held on the 16th day of February , 19 71, by the following vote o t e members thereof: AYES: COUNCILMEN; Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance on the 16th day of February , 19 71 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of February , 19 71 . DENE M. WILLIAMS, CITY CLERK By Deputy Deputy CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1 I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 2907 and was published once in the Anaheim Bulletin on the 26th day of February, 1971. DENE M. WILLIAMS, CITY CLERK By �E'o�t«� �i?. Q�-zo/ Deputy