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HomeMy WebLinkAboutTC Ord 1967-05-08 ORDINANCE NO. 77 AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDI~NCE NO. 59, PROVIDING FOR PERSONAL LIABILITY FOR ASSESSMENT LIENS, PROVIDING FOR METHOD OF ABATE- MENr, AND PROVIDING FOR THE SUMMARY ABATEMENI' OF NUISANCES . The City Council of the City of Tiburon does ordain as follows: Section 1. Amendment. Ordinance No. 59 is hereby &llended as follows: (a) Section 6 of Ordinance No. 59 is amended to read as follows: "Section 6. AcrUAL ABATEMENT. At any time aft~r thirty (30) days following the passage of any resolution directing.the abatement of a nuisance, the City officer authorized to abate said nuisance may direct any officer or his assistant, deputy, employee, contracting agent, or other representative, to enter upon private pro- perty for the purpose of abating the public nuisance. Should it be practicable to sell or salvage any material procured from the aforesaid abatement, it may be sold at private or public sale at the best price obtainable and an itemized ac- count 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 of Tiburon, and shall be credited against the cost of abatement as provided for herein." (b) Section 8 of Ordinance No. 59 is amended to read as follows: "Section 8. SPECIAL ASSESSMENI' AND PERSONAL LIABILITY. The cost of such abatement, upon confirmation by the Council, constitutes a special assessment against the property and a personal liability of the owner of said property. After the assessment is made and confirmed, it is a lien upon the parcel. Such lien shall attach upon recordation in the office of the County Recorder of the County of Marin of a certified copy of the resolution of confirmation. After confirmation of the report, a certified copy shall be given to the assessor and tax collector, who shall add the amount of the assessment to the next regular tax bill levied against the property for Municipal purposes. A certified copy shall also be given to the Marin County Auditor, who shall enter the assessment on the County tax roll opposite the parcel of land. The amount of the assessment shall be collected at the t~e 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. All laws relating to the levy, collection and en- forcement of County taxes shall apply to such special assessment taxes. The City Council may enforce the perso- nal liability of the owner, as aforesaid, by directing the City Attorney to file suit in a court of competent juris- diction to collect the cost of the abatement." 1. 4/20/67 (c) There is hereby added to Ordinance No. 59, Section 9.1, to read as follows: "Section 9.1. SUMMARY ABATEMENT. Notwithstanding any of the foregoing provisions of this ordinance, a public nuisance which is an emergency and which, if unabated, constitutes a threat to the public safety, health and welfare, may be summarily abated upon the detenmination of the City Manager that such nuisance exists and does, in fact, constitute a threat to the public safety, health and welfare. Upon such determination, the City Manager may direct any officer of the City, or his assistant, deputy, employee, or contracting agent, or other representative, to enter upon private property for the purpose of abating the said public nuisance. Should it be practicable to sell or sal- vage any material procured from such abatement, it may be sold at public or private sale at the best price obtain- able, and an itemized account of the proceeds shall be main- tained by the City Manager. Such proceeds, if any, shall be deposited in a general fund of the City of Tiburon and shall be credited against the cost of abatement as pro- vided for herein. Such summary abatement is not subject to the proce- dures set forth in Sections 3, 4, 5 and 6 of Ordinance No. 59." Section 2. Severability. If any section, subsection, sentence, clause or phrase ot this ord1nance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdic- tion, such decision shall not affect the validity of the remaining por- tions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional. Section 3. Effective Date. This ordinance is to take effect and be in torce at the expirat10n of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, the same shall be published, with the names of the members voting for and against the same, at least once. in a newspaper of general circula- tion published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on May 8 , 1967 by the following vote: AYES: NOES: ABSENT: Councilmen: Councilmen: Councilmen: Bre~er, Fanning, Strawbridge, Hoffmire None Drohan I ,- / / I' , .! i ".~ / i. --~:J i '. , (. I 1" ~ .. ( . -. ~ /'(>L I JOHN S :" /HQFl' ~, JR ~ " Mayor of the /,City of Tiburon ATTEST: ~/~ " .. &, 'C1t . er 4/2 7 2.