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HomeMy WebLinkAbout38.63-2 ORDINANCE N0.38.63-~ AN ORDINANCE 'OF THE .CITY OF SARATOGA ENDING' ARTICLE II OF THE SARATOGA ·CITY CODE ELATING TO WEED AND RUBBISH<~BATEMENT, . BY AMENDING SECTIONS' 6-7-, -6~9~ 6~0. AND~ 6~11· THEREOF, AND RENUMBERING ~CERTAIN .SUBSECTiONS, ,-. ~ The City Council of the Cit~ of Saratoga does hereby ordain as follows: Section 1: Section 1 of Ordinance No. 38.63 is hereby amended to change the reference therein set forth. as Article III,to Article II, and to change the numerical sequence of the subsections from 6.50, et seq. to 6.4, et seq. The purpose of this amendment is to conform the same 'to the article 'and section numbering as·transposed into, · and as presently e~ists in, the'Saratoga City Code. Section 2: Section 6-7 of the saratoga city Code, contained in ArtiCle II thereof under "Weed and R~bbish Abatement" is hereby amended to r~ad as follows: Sec. 6-7: Notice to Abate: Whenever any weedS, rubbish, refuse, dirt, obstructions or other dangerous materials are found to exist on public or private property in violation of the above section, the Director of Public Works of the City, hereafter called the Director, may cause a notice to be sent to the owner thereof, at his address as shown on the last equalized assessment roll and to such other address, if any, as may be known to such Director, by mail, postage prepaid, which notice shall require the removal or destruction thereof within ten (10) days from date of-posting of such letter, or within such other reasonable time as specified by the Fire Marshal in such notice, and in default thereof that the same will be removed or destroyed by the City and that the cost thereof shall be paid by such property owner within fifteen (15) days after billing therefor or become a lien against the property. Such notice shall contain the address of the property in question, and may contain the Director's estimate of the cost of abatement, and shall contain language substantially in the following form: "Pursuant to Article II of Chapter 6 of the Saratoga City Code, all weeds, rubbish, refuse, obstructions or other dangerous materials, as hereafter described, existing upon your property or upon the adjacent street, etc., have hereto- fore been declared to be a public nuisance, and you are hereby notifie~ that you shall within such time as specified by the Fire Marshal from date of mailing of this notice, remove and destroy all such weeds or rubbish or other materials from your property, and the abutting one-half of the street or streets adjacent to your property, between the lot lines extended thereon, or the same will be destroyed or removed -1- and the'nuisance abated by the City, and you will be billed for all-costs thereof, including .. . an additional administrative fee of.25% thereof- 'i-_j~'."Upon y0u~ 'failure to 'pay any.such bill_w~thin ~.~i.?-~'fifteen !(15)'days'-from dat~of.its mailing, the ~Lcost to,the'City of such 'abatement,_plus five percent (25%) thereof for costs of collec-- tion, together'with al~ actual administration costs, will be assessed upon your lands, and- will constitute a lien thereon until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. . If you have any objections to the pro- posed nuisance abatement, you may appeal from this notice directly to the City 'Council by ,~. filing.a.notice of appeal in writing with the Clerk of. the.City,within five. (5) days .from the date of the mailing.of this hotice~.which appeal will a~oma~ically be heard at the next regularly scheduled Council meeting held ~fter receipt by the City~of your notice'of appeal, without further notice to you. If you should appeal, it will automati- cally extend your time within which to abate the nuisance to the expiration of five days after the hearing on appeal." Section 3: Section 6-9 of the Saratoga City Code, contained in Article II is hereby amended to read as follows: Sec. 6-9: Appeal~ Upon the failure of any property owner to remove or abate within ten (10) days after the'mailihg or posting ofsuch notice, or within such other time as may'be specified by the Fire Marshal'in said notice, or if.an appeal has been filed and the determination of the Director is upheld, then upon 'the property owner's failure to so remove or abate within five (5) days after the date of said hearing,.the Director shall without further order abate or causeto be abated such nuisance, by removal, destruction or other adequate means, and he and his assistants, employees and contracting agents are hereby authorized to 'enter upon private property for that purpose. Nothing herein shall prevent the property owner from himself abating such nuisance, so long as all of such weeds, ruJDbish, refuse, dirt or other obstructions and dangerous materials have been completely removed or destroyed prior to the arrival of the Director or his representatives to remove the same. Section 4: Section 6-10 and 6-11 of the Saratoga City Code, contained in Article II thereof are hereby amended to read as follows: -2- Sec. 6-10: Same--Account of Costs and Billing. The Director shall keep an'accoun't of the costs of abating_such nuisance upon each separate lot or parcel 6f land, and shall send a bill for ~the same,'including an administra~'ive.~ee D~.25% Go the .property owner by mail, to.the'address or addresses to which the' original notice?of abatement.had viously been sent, which bill shall specify on the face thereof that in the event of the failure of' the full payment of the same within fifteen (15) days from date of mailing, then and in that event the amounts set forth in such bill, together with administration costs, will become a lien against the land and shall constitute a special assessment and be collected at the same time and in the same manner as general municipal~taxes of the City, and that a hearing on such assessment and any objections thereto will be held at the.'last-regular City Council meet- ing to be held the following July,-and that no other or 'further notice Qill be given-of such assessment and hearing other than as set forth on the face of such billing. Sec. 6-11: Same-- Assessment Report and Hearing. Prior to the last available date to submit information to the County Tax Collector, the Director shall submit a report to the Council, con- sisting of all unpaid bills for weed abatement expenses, a proposed assessment list,' and the parcels against which such expenses, plus 25% thereof for administra- tion costs, are to be assessed, at which meeting any property owner may appear and object to any matter contained in such report. No other notice need be given of such hearing other than the notice contained in'the billing previously sent to the property owner. At the meeting, the Council'shall hear the report and any objections thereto, and make such modifica- tions in the proposed assessments as it may deem .'necessary or proper, after Which the Council shall confirm the report and assessment byorder or resolu- 'tion. Section 5: If any section, subsection, sentence, clause 'or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses or phrases be held invalid or unconstitutional. Section 6: This Ordinance shall take effect and be in full force and effect 30 days after the date of its passage and adQption. The above and foregoing Ordina~c~ was regularly introduced and after the waiting time required by law was thereafter -3- passed and adopted this 2nd day of ,May 1979, by the following vote: AYES: Counciimeh M~tteoni, Kraus & Corr' NOES: Councilman.Kalb ABSENT: Councilwoman Callon I q MAYO The above and foregoing Is a true and correct copy o~'~;,-dinance F2. ~s.~,2--w~ ch has been pub~ishsd accord:rig to law. Deputy City Ctei-k Da ~ ' ' -4-