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HomeMy WebLinkAboutTC Ord 1966-06-27 (2) ORDI~~NCE NO.~ AN ORDINANCE OF THE CITY OF TIBURON PROVIDING FOR A SYSTEMATIC NUISANCE ABATEMEtIT PROCEDURE AND FOR SPECIAL _~SSESSMEI\7 LIENS The City Council of the City of Tiburon does ordain as follows: Section 1. PURPOSE. Pursuant to Government Code Section 38773, the City Council of the City of Tiburon hereby establishes the following ?rocedures for the purpose of the abatement of public nuisances. Section 2. PUBLIC NUISANCES INCLUDED HEREIN. The provisions of this Ordinance shall be applicable to any nuisance heretofore or hereafter defined as a nuisance by any ordinance of the City of Tiburon, resolution of the City Council, or statute of the State of California. A public nuisance shall further include any unlawful obstruction or encroachment on any public property, including but not limited to any public street, highway, right of way, park or building. Section 3. ABATEMENT BY PROCEEDINGS BEF01ZE CITY COffi{CIL. If the public nuisance is to be abated by Resolution of the City Council, the hereinafter prescribed procedures shall be followed. Notice shall be given to the property owner or owners by personal delivery or prepaid mail, and a copy of said 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. Said notice shall direct the owner or owners of the property on which said nuisance exists to appear before the City Council at a stated time and place and show cause why said nuisance should not be abated as herein provided. Said notice shall be ~ posted at least five (5) days prior to the time set for the hear- ing referred to in Section 5. Section 4. FOPJ.1 OF NOTICB. Said notice shall be substantially in the follow- ing form: ORDER TO SHOW CAUSE RE: ABATEMENT OF PUBLIC NUISAi':CE. TO: YOU ARE HEREBY NOTIFIED to appear before the Tiburon City Council on the day of , 196 , at ,-r11>uron, Cal~forn~a, at the-no'ur of o'clOCK m., or as soon thereafter as the matter may be heard, and show cause, if any you have, why that certain should not be condemned as a pub1~c nUlsance ana;said nuisance be abated by its removal or , and whv the cost of such abatement should not~ assess~d upon the property from Which the nuisance is abated, such cost to constitute a lien upon said ~roperty until paid. DATED this ____day of 19 CITY CLERK Section 5. HEARING. At the time stated in said notice, the City Council shall hear and consider all objections or protests, if any, to the proposed abatement of said public nuisance. The hear- ing 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 costs 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 shall file, within fifteen (15) days after the aforesaid decision is rendered, an action and/or appeal to a Court of competent jurisdiction. ,A- n p;v 1) /~() ?flY D 77 Section 6. ACTUAL ABATEMENT . ~l At any time within thirty (30) days after the passage of any resolution directing toe abatement of a nui- sance, the City officer authorized to abate said nuisance may direct any officer or his assistant, deputy, employee, con- tracting agent, or other representative to enter upon private property 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 account of the proceeds shall be maintained by the authorized City offi- cer. Such proceeds, if any, shall be deposited in a general fond of the City of Tiburon, and shall be credited against the co~ of abatement as provided for herein. Section 7. COST ACCOUNT. The officer abating the nuisance shall keep an ac- count of the cost of abatement and shall render an itemized written report to the City Council, showing the cost of remov- ing and/or abating the nuisance. Before the report is submitted to the City Council, a copy shall be posted for at least three (3) days in the man- ner provided for in Section 3, with a notice of the time when the report will be submitted to the 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 equalized assessment roll, at least ten (10) days prior to submission to the Council. At the time fixed for receiving and considering the report, the~ouncil shall hear it and any objections by the property owners liable to be ~sessed for the work of abate- ment. Thereupon the Council may make such modifications in the report as it deems necessary, after which,by order or resolution, the report shall be confirmed. Section 8. SPECIAL ASSESSMENT. ~ /1.;7 i~'i, j) j:;; ~. .j,>y:" 7 7 The cost of such abatement, upon confirmation by the Council, constitutes a special assessment against the property. After the assessment is made and confirmed, it is a lien on the parcel. Such lien shall attach UDon recorda- tion in the office of the County Recorder of the County of Marin of a certified copy or the resolution or confirmationo After confirmation of the re?ort, a certified CO?y 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 or the assessment shall be collected at the time and in the manner of ordinary Municipal taxes. Ir delinquent, the amount is sub- ject to the same penalties and procedure of foreclosure and sale provided for ordinary Municipal taxeso All laws relating to the levy, collection and enforce- ment or county taxes shall apply to such special assessment taxes. Section 9. PUBLIC NUISANCE BY JUDICIAL DECREE. If a public nuisance has been declared by judicial decree, after the defendant receives notice of entry of judg- ment as prescribed by law, and the time within which an appeal may be filed has expired, all procedures of Sections 6 through 8 of this Ordinance shall be applicable and shall be followed in the same manner as if a resolution of the City Council had been passed declaring a public nuisance to exist. Section 10. SEVERABILITY 0 If any chapter, section, subsection, sent~pce, clause, or ;?hrase of this Ordinanee is for any reason held tla-~.be invalid or unconstitutional, such decision shall not affect th&,yalidity of the remaining pert ions of this Ordinance. The City ~ouncil of the City of Tiburon hereby declares that it would have passed each chapter and each section, subsection, sentence, clause and phrase irrespective of the fact that anyone or more chapters, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 11. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days following the date of its adoption and shall be published at least once within fifteen (15) days after its adoption in a newspaper of general circulation, printed and published wit~in the City. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon on 27 June , 1966, by the following vote: AYES: Counc ilmen: Bremer, Strawbridge, Fanning NOTES: ABSENT: Councilmen: None Councilmen: Drohan, Hoffmire A TTESI' . . /~) .41 J i)~.._/// . /./,r; , / c-':::~<--2c;?teJ ~-i . ~' \- ';..JRENCE D. KOSE, C~ty Clerk '. ,/' (~---/;;/ / .' '. 7'-'~ct /, ./ / ,~~. J HN S. H'OFFTPRE ' Mayor of the City of Tiburon 5/23/66