Loading...
HomeMy WebLinkAboutOrdinance 1478 N.C.S. 08/03/1981-, - ~ r ~~~~~~"~~~ ~~~'~ ~ ~~~ ~~~~~~~~~ ScP - 219~9 ORDINANCE N0. 1478 N.C.S. INTRODUCED BY VICE MAYOR Jack Cavanagh SRK:wp 7/21/81 SECONDED BY COUNCILMAN William Perry AN ORDINAfvCE OF THE CITY OF PETALUMA ADDING CHAPTER 1.15 TU TITLE I OF THE PETALUMA MUNICIPAL CODE ESTABLISHING A PROCEDURE FOR THE ABATEMENT OF PUBLIC NUISANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: SECTION 1. Chapter 1.15 is hereby added to Title I of the Petaluma P~unici pal Code to read as fol lows: "Chapter 1.15 NUISANCE ABATEMENT Sections• 1.15.010 Purpose 1.15.020 Public nuisances included. 1.15.030 Abatement by civil action. 1.15.040 Abatement by proceedings before City Council. 1.15.050 Form of Notice. 1.15.060 Hearing. 1.15.070 Further proceedings by authorized city officer. 1.15.080 Actual abatement. 1.15.090 Cost account. 1.15.100 Special Assessment. 1.15.101 Public nuisance by judicial decree. 1.15.102 Summary abatement of nuisance. ORD. N0. 1478 N.C.S. 1.15.010 Purpose. Pursuant to Government Code Sections 38771 et seq., the City Council establishes the procedures set forth in this section for the purpose of the abatement of pa~blic nuisances. 1.15.020 Public nuisances included. The provisions of this section shall be applicable to any nuisance heretofore or hereafter defined as a nuisance by any ordinance of the city, section of the Petaluma f~unicipal Code, resolution of the City Council or statute of the State. A public nuisance further includes any unlawful obstruction or encroachment upon any public property, including but not limited to any public street, highway, right-of-way, park or building. 1.15.030 Abatement by civil action. A civil action may be brought in the name of the people of the State to abate a public nuisance as defined in this section, by the City Attorney, or by the District Attorney or County Counsel of Sonoma County, and each of said officers shall have concurrent right to bring such action for a public nuisance within this city. The City Attorney shall bring such action when directed to do so by the City Council. 1.15.040 Abatement bv proceedings_before City Council. If the public nuisance is to be abated by resolution and/or order of the City Council, the hereinafter prescribed procedures shall be as follows: Written notice of appearanc:e before the City Council shall be given to the property owner or owners at least ten days prior to the date set for hearing before the City Council. Service of the notice shall be made either by personal delivery thereof to the person to be notified or by deposit in the U.S. mail to such person to be notified at the address shown upon the last tax roll or as shown upon some other public re:cord pertaining to th;e matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. A copy of the notice shall be conspicuously posted in front of the property on which the nuisance exists or in any other location on the property wherein it will be most likely to give notice to the owner or owners, at least ten days prior to the hearing date. A notice shall direct the owner or owners of the property on which the nuisance exists to appear before the City Council at a stated time and place and show cause why the nuisance should not be abated as herein provided. 1.15.050 Form of notice. The notice provided for by Section shall be substantially in the following form: -2- ORD. N0. 1478 N.C.S. "ORDER TO SHOW CAUSE RE ABATEMENT OF PUBLIC NUISANCE: T0: YOU ARE HEREBY NOTIFIED to appear before the City Council of the City of Petaluma on the day of , 19 , at City Hall, Post & English Streets, Petaluma, California, at the hour of p.m., or as soon thereafter as the matter can be heard, and show cause, if any you have, why that certain ~ should not be condemned as a public nuisance and said nuisance be abated by its removal or , and why the cost of such abatement should be assessed upon the property from which the nuisance is abated, such cost to constitute a lien upon such property until paid. Dated this day of , 19 . City Clerk • 1.15.060 Hearin9. At the time stated in the notice, the City Council shall hear and consider all objections or protests, if any, to the proposed abatement of the public nuisance. The hearing may be continued from time to time. After final action is taken by the City Council on the disposition of any protests or objections which are received, the Council may declare, by resolution, that a public nuisance exists and may order an appropriate city officer to abate the nuisance. The Council may further order that the cost of any such abatement will be assessed upon the property from which the nuisance is abated, and that such costs shall constitute a lien upon such property until paid. The decision of the City Council shall be final and conclusive, unless the owner or owners file, within fifteen days after the aforesaid decision is rendered, an action and/or appeal to the court of competent jurisdiction. -3- :~ ~ ORD. N0. 1478 N.C.S. 1.15,070 Further proceedings by authorized city offi_c_er. At any time within thirty days after the passage of any resolution directing the abatement of a nuisance, the city officer authorized to abate the nuisance shall serve and post a copy thereof in the manner of giving notice as prescribed in Section 1.15.040. Furthermore, if the City Council, at the aforesaid hearing, determines that the abatement of the nuisance is likely to cause a significant depreciation in the value of the property upon which the nuisance is located, the city may order that all mortgages and/or beneficiaries under any deeds of trust of record on the property be served with a copy of the resolution in the manner prescribed in this section. At any time following a period of five days after the serving and posting of a copy of the resolution ordering abatement as required above, the city officer may abate the nuisance as directed by the City Council. 1.15.080 Actual abatement. Said city officer may direct any officer or his assistant, deputy, employee, contracting agent or other representative to enter upon private property for the purpose of abating the public nuisance. Should it be practicable to se11 or salvage any material procured from the aforesaid abatement, it may be sold at private or pub`lic sale at the best price obtainable and an itemized account of the proceeds shall be maintained by the authorized city officer. Such proceeds, if any, shall be deposited in a general fund of the city and shall be credited against the cost of abatement as provided for herein. 1.15.090 Cost account. The officer abating the nuisance shall keep an account of the cost of abatement and shall render an itemized written report to the City Council, showing the cost of removing and/or abating the nuisance. Before the report is submitted to the City Council, a copy shall be posted for at least three days on the bulletin board of the City Hall with a notice of the time when the report will be submitted to the City Council for confirmation. A copy of the account and notice shall also be mailed to the owner of the property, at the address shown on the last tax roll, at least ten days prior to submission ta the City Council. -4- ORD. N0. 1478 PJ.C.S. At the time fixed for receiving and considering the report, the City Council shall hear it and any objections by the property owner liable to be assessed for the work of abatement. Thereupon the City Council may make such modifications in the report as it deems necessary, after which, by order or resolution, the report shall be confirmed. 1.15.100 Special assessment. The cost of such abatement as determined by the city council shall become a special assessment and lien against the aforesaid property, which assessment may 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 and sale in case of delinquency as provided for ordinary municipal taxes. Al1 laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. 1.15.101 Public nuisance by judicial decree. If a public nuisance has been ~eclared by judicial decree, after the defendant(s) receive(s) notice of entry of judgment as prescribed by law, and the time within which an appeal may be filed has expired, all procedures of sub-sections 1.15.080 and 1.15.100 shall be applicable and shall be followed in the same manner as if a resolution by the City Council had been passed declaring a public nuisance to exist. 1.15.102 Summary abatement of nuisance. Whenever there is imminent or immediate danger to a significant portion of the ~blic, by the existence or continuance of any nuisance endangering the public health, welfare or safety, arising from any act, condition or use or occupation of property, or otherwise amounting to a nuisance per se, it is the duty of the City Council or the a ppropriate officials of the city to abate such nuisance." SECTION 2. If any sections, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. SECTION 3. The City Clerk be, and she is hereby directed to ~o-~~/publish this ordinance for the period and in the manner required by the City Charter. -5- ORD1. N0. 1478 N.C.S. INTRODUCED AND ORDERED published this 20th day of July , 1981 ADOPTED THIS 3rd day of Auqust , 1981 by the following vote: AYES: COUNCILMEN PERRY, HARBERSON, BATTAGLIA, BALSHAW,VICE-MAYOR BATTAGLIA, MAYOR MATTEI NOES: NONE ABSENT: COUNCILMAN BOND ATTEST: " o s City Clerk ~~~ ^ : ~ '~ Mayo r Approved as ,; to form: City Attorney ORD. N0. 1478 N.C.S. -6-