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HomeMy WebLinkAboutOrdinance 1756 N.C.S. 05/01/1989 ~~R~~ A7~ MAY 3 1 1~ ORDINANCE NO. 1756 N.C.S. Introduced by Seconded. by Brian Sobel Lynn Woolsey AN ORDINANCE AMENDING SECTIONS 1.15.0.50 AND 1.15.060 OF CHAPTER 1.15 OF THE PETALUMA MUNICIPAL CODE PERTAINING TO NUISANCE ABATER~[ENT HEARINGS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS Section 1: Section 1.15.050 of Chapter 1.15 of the Petaluma Municipal Code is hereby amended to read as follows "ORDER TO SHOW CAUSE RE . ABATEMENT OF PUBLIC NUISANCE: TO: YOU ARE HEREBY NOTIFIED to appear before the City Council of the City of Petaluma on the day of of 19_, at City Hall, Post and 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 [not] be assessed upon the 1 Ord. 1756 N.C.S. y 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" Section 2: Section 1.15.060 of Chapter 1.15 of the Petaluma Municipal Code is hereby amended to read as follows "1.15.060 Hearing. 1. 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, subject to the following provisions. A. Oath or Affirmation. All oral evidence or testimony shall be taken only on oath or affirmation. The City Clerk or presiding officer may administer the oath. In a given case where many witnesses are expected to testify, the City Clerk or presiding officer has the discretion to have all prospective witnesses rise and be sworn at the same time at the outset or the proceedings . (1) The oath or affirmation may be administered as follows, the person who swears or affirms expressing his assent when addressed in the following form: "You do solemnly swear (or affirm, as the case may be) that the evidence you shall give in this issue (or matter) pending before this body, shall be the truth, the whole truth, and nothing but the truth, so help you God." 2 Ord. 1756 N.C.S. B. Evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such. evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. C . Witnesses . In a contested proceeding each side shall have these rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues; to impeach any witness and to rebut the evidence against him. The presiding officer has the discretionary authority to: limit the number of witnesses to testify for each side where their testimony would be cumulative or repetitive in nature.; require each side to appoint one spokesman for purposes of cross-examination; limit or curtail any abusive, argumentative, repetitive, or otherwise irrelevant cross-examination; and in conformance with other rules in this code place reasonable time limits on the right to cross-examine and the presenting of evidence. 2. 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 3 Ord 17.56 N.C.S. 4 ~ r~ abated, and that such cost shall constitute alien upon such property until paid. 3. The decision of the City Council shall be final and conclusive, unless the owner or owners file, within fifteen (15) days after the aforesaid decision is rendered, an action and/or appeal to the Court of competent jurisdiction . " Section 3. If any section, 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 4. The City Clerk be, and she is hereby, directed to post/publish this ordinance for the period and in the manner required by the City Charter. INTRODUCED AND ORDERED postedlpublished this 17th day of Ali ~ 1989. ADOPTED by the following vote this lstday of May 1989. AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis NOES: 0 4 .i ABSENT, p ABSTAIN: Mayor Hilligoss M yor ATTEST • .,APPROVED : _y.,_...__....._. G / , ity Clerk Cit Attorney ~ ord .nuisance .abatement ord3 5 Ord. 1756 N.C.S.