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2506FOLLOWS: ORDINANCE NO. 2506 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 CITY 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: "CHAPTER 6.16 -- WEED ABATEMENT. "SECTION 6.16.001 DEFINITIONS. (a) 'Superintendent' means Street Superintendent, his assistants and deputies, or other public officer desig- nated by the City Council to perform the duties imposed by this Chapter upon the Superintendent. (b) 'Weeds' means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are other- wise noxious or dangerous. (c) 'Street' includes public street, alley, lane, court or other place. (d) 'In front of which the nuisance exists' includes to the rear of or abutting the property upon which the nuisance exists. "SECTION 6.16.010 AUTHORITY TO DECLARE NUISANCE AND ABATE. The City Council may declare by resolution as public nuisance, and abate: (a) All weeds growing upon the streets, sidewalks, or private property in the City. (b) All rubbish, refuse, and dirt upon parkways, side- walks, or private property in the City." "SECTION 6.16.015 WEEDS INCLUDED. 'Weeds,' as used in this Chapter, include any of the following: (a) Weeds which bear seeds of a downy or wingy nature. (b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. (c) Weeds which are otherwise noxious or dangerous. -1- (d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. (e) Dry grass, stubble, brush, litter, or other flam- mable material which endangers the public safety by creating a fire hazard. "SECTION 616.020 RESOLUTION DECLARING NUISANCE. Whenever any such weeds are growing upon any private property or properties or in any street or alley within the City, the City Council shall pass a resolution declar- ing the same to be a public nuisance and order the Street Superintendent to give notice of the passage of such resolution as herein provided, and stating therein that, unless such nuisance is abated without delay by the de- struction or removal of such weeds, the work of abating such nuisance will be done by the City authorities, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds. "SECTION 6.16.030 RESOLUTION DECLARING NUISANCE; PROPERTY INCLUDED. Any number of streets, sidewalks, or parcels of private property may be included in one resolution. "SECTION 6.16.040 NOTICES; POSTING. After passage of the resolution, the Superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He shall post: (a) One notice to each separately owned parcel of property of not over fifty feet frontage. (b) Not more than two notices to any such parcel of one hundred feet frontage or less. (c) Notices at not more than one hundred feet apart if the frontage of such a parcel is greater than one hundred feet. "SECTION 6.16.050 NOTICES; HEADING. The heading of the notices shall be 'Notice to destroy weeds and remove rubbish, refuse, and dirt' in letters not less than one inch in height. "SECTION 6.16.060 NOTICES; FORM. The notice shall be substantially in the following form: -2- NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT Notice is hereby given that on the day of 19 , the City Council tie City of Anaheim passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in the City of Anaheim, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be re- moved and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk. All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of the City of Anaheim to be held when their objections will be heard and given due consideration. Dated this day of , 19 Street Superintendent City of Anaheim "SECTION 6.16.070 NOTICES; TIME FOR POSTING. The notices shall be posted at least five days prior to the time for hearing objections by the City Council. "SECTION 6.16.080 HEARING; CONTINUANCES. At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time. "SECTION 6.16.090 RULING ON OBJECTIONS; JURISDICTION TO PROCEED. By motion or resolution at the conclusion of the hearing the City Council shall allow or overrule any objec- tions. At that time the City Council acquires jurisdiction to proceed and perform the work of removal. "SECTION 6.16.100 FINALITY OF DECISION. The decision of the City Council is final. "SECTION 6.16.110 ABATEMENT ORDER. If objections have not been made or after the City Council has disposed of those made, it shall order the Superin- tendent to abate the nuisance by having the weeds, rubbish, refuse, and dirt removed. The order shall be made by motion or resolution. -3- "SECTION 6.16.120 ENTRY TO ABATE. The Superintendent may enter upon private property to abate the nuisance. "SECTION 6.16.130 ABATEMENT BY OWNER. Before the Superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at his own expense. "SECTION 6.16.140 COSTS; ACCOUNT; REPORT. The Superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He shall submit to the City Council for confirmation an itemized written report showing such cost. "SECTION 6.16.150 COST REPORT; POSTING; NOTICE. A copy of the report shall be posted for at least three days prior to its submission to the City Council on or near the chamber door of the City Council, with a notice of the time of submission. "SECTION 6.16.160 COST REPORT; HEARING; DISPOSITION. At the time fixed for receiving and considering the re- port, the City Council shall hear it with any objec- tions of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. "SECTION 6.16.170 PERFORMANCE OF ABATEMENT BY CONTRACT; BIDS; ITEMIZED WRITTEN REPORTS. Abatement of the nuisance may in the discretion of the City Council be performed by contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder pursuant to Sections 37903, 37904, 37905 and 37931 to 37935, inclusive, of the California Government Code. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by Section 6.16.140. "SECTION 6.16.180 COSTS; SPECIAL ASSESSMENT; LIEN. The cost of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel. "SECTION 6.16.190 COST ASSESSMENT; ADDITION TO TAX BILL. After confirmation of the report, a copy shall be given to the County Assessor and the Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. -4- "SECTION 6.16.200 COST REPORT; FILING WITH AUDITOR. If the County Assessor and the Tax Collector assess — property and collect taxes for the city, a certified copy of the report shall be filed with the County Auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. "SECTION 6.16.210 COST ASSESSMENT; ENTRY ON TAX ROLL. The County Auditor shall enter each assessment on the county tax roll opposite the parcel of land. "SECTION 6.16.220 COST ASSESSMENT; COLLECTION; DELINQUENCY. 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 procedure of foreclosure and sale provided for ordinary municipal taxes. "SECTION 6.16.230 COST ASSESSMENT; COLLECTION BY SEPARATE BILLS AND RECEIPTS. 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. "SECTION 6.16.240 COST ASSESSMENT; LAWS APPLICABLE. Laws relating to the levy, collection, and enforcement of County taxes apply to such special assessment taxes. "SECTION 6.16.250 COSTS; PAYMENT TO SUPERINTENDENT; TIME. Mhb Superintendent may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until 10 days before a copy is given to the County Assessor and Tax Collector, or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. "SECTION 6.16.260 REFUNDS. The City Council may order refunded all or part of a tax paid pursuant to this Chapter if it finds that all or part of the tax has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the Clerk of the City Council on or before March 1st after the tax became due and payable. The claim shall be veri- fied by the person who paid the tax, or his guardian, executor, or administrator. "SECTION 6.16.270 DAMAGES FROM NEGLIGENCE IN ABATEMENT; AUTHORITY TO PAY; CLAIMS; TIME. If the City Council finds that property damage was caused by the negligence of a city officer or employee in -5- connection with the abatement of.a nuisance pursuant to this Chapter, a claim for such damages, may` be" paid from the City general fund. The°City Council shall not consider or pay a claim unless it is presented in writing and filed with the Clerk of the City Council within one hundred eighty days after the damages occurred. e "SECTION 6.16.280 ALTERNATIVE PROCEDURE. c The proceedings providedby this Chapter are an alterna- tive to any procedure established by ordinance pursuant to Article 1, Chapter 13, Title 4,,Diviaion 3 of the California Government Code." SECTION 2. The City Council of the City of Anaheim finds, deter- mines and declares that an urgency exists, 'and by reason thereof this ordinance shall take effect immediately. The reason for the urgency is that the Street Superintendent has found that large weeds -and rank growth have spread over the City in the past months to constitute a health menace and is certain to create a serious fire hazard in the extremely near future and this urgency ordinance is neces§ary to permit the Street Super- intendent to commence the abatement of this health and fire menace. SECTION 3. M -t City Clerk shall certify to the passage of this ordinance and shall cause the same to be published once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published"and circulated in said City, and immediately upon and after its passage it shall take effect and be in full force. - THE FOREGOING ORDINANCE is approved and signed by me this 23rd day of April, 1968. MAY HE ITY OF ANbRZIM ATTEST: CITY CLE OF THE CITY OF ANAHEIM cm STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 2506 was introduced at a regular meeting of the City Council of the City of Anaheim held on the 16th day of April, 1968, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23 -rd day of April, 1968, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Clark and Pebley NOES: COUNCILMEN: Schutte ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 2506 on the 23rd day of April, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of April, 1968. CI CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 2506 Jand was published once in the•Anaheim Bulletin on the 3rd day of May, 1968. City Clerk