HomeMy WebLinkAbout1957-04-16; City Council; 5010A; Nuisances, trash/rubbish/refuse dumping/depositing & abatement'1 c
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OSDINANCE NO. 5010-A
AN ORDIN.Q~CS OF THE cm OF C~LSB$D
REPEALING ORDINANCE NO. 5010, DECLML-
ING CERTAIN NUISANCES, PROHIBITING
DUNPING OB DEPOSITING OF TRASH, RUBBISH AND OTI-IEF: REFUSE UPON PRIVATE OR PUBLIC
PROPERTY; AND PROVIDING FOR THE T-ROCE- DGRE FCR THE ABATEMENT OF SUCH NUISANCES,
The City Council of the City of Carlsbad does ordain as follows:
SECTION 1, ORDINAWE NO. 5010 OF THE CITY OF %,4RLSBXD REPEALED. Ordinancc
No, 5010 of the City of Carlsbad is hereby repealed as of the effective dete of
this Ordinance.
k SECTION 2, DEFINITION OF WEEDS. WeedsPz as used in this Ordinance, means
all weeds growing upon streets, sidewalks, or private property in the City of
Carlsbad, including any fire protection district and includes any of the
f ol lowing:
(a) Weeds which bear seeds of a dotmy or wingy nature.
(b) Weeds which attain such large growth as to become, when dry, a
(c) Weeds which are otherwise noxious or dangerous.
(d) Poison oak and poison ivy when the conditions of growth c;re such
to adjacent improved property,
as to constitute a enance to the public health,
p, SECTION 3.
shall mean empty
plant trimmings, garbage, lawn trimmings, and discarded material and coinbustiblc
'@Trash$* for the pu
glass, cans, paper,
material
SECTION 4, D'JMPING OF TUSH FROMIBITED UPON PUBLIC PROPERTY. It shall be
and is hereby declared unlawful for any person, persons or corporz,tions to
deposit any trash upon any beach, street, parkway, alley, park, or ?uSlic place
in said City of Carlsbad,
SECTIOI'J 5, DUMFING OF TRASH i'R3HIBITED 'J1ON 1-RIVliTE PROPERTY. It shall
be and is hereby declared unlawful for any person, persons or corporz-tions to
deposit or dump any trash upon any vscant lots or unoccupied premises within
the said City of Carlsbad with or without the owner's consent.
3 NUISANCE. The existence of
any trash upon any private property in the City of Carlsbsd is hereby declared
to be a public nuisance,
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Needs may be
arlsbad in the fashion
hereinafter set forth, and may be abated as hereinafter set forth:
a. Declaration of public.nuisance. Whenever weeds are growing upon any
street, sidewalk, or on private property in the City of Carlsbad, the City
declare the we
to the street, highway, or road upon which
ich the sidewalks are located, or upon which
the private property affected fronts or abuts or nearest to which the
private propert
Property abutting cn more than one road; reference to one road.
private property fronts or abuts upon more than one street, highway,
If
or road, it is necessary to refer to only one of the streets, highways,
The resolution shell
hich the nuisance exists
ap used in describing
property for taxation purposes. No other description is necessary.
e, hny number of streets, highways, roads, or parcels of privste property
may be included in one resolution.
Inclusion of more than one road or parcel of property in resolution.
+g SECTION 8, XBATDEHT OF NUISASCE. The City Council may direct the Tublic
Works Director to abate any of the foregoing public nuisances within the City
of Carlsbad.
SECTION 9. PUBLIC blORKS DIRZCTOR TO ABATE NUISAPXCES, Public Works Direct01 !<
te nuisances, and shall conform to the following procedure:
a. Public Works Rirector shall prepare Wotice to Abate Nuisance?', and
shall post said notices conspicuously in front of the property on which
or in front of which the nuisance exists, or if the property has no
frontage upon any street, highway or road then upon the portion of the
property nearest to a street, highway or road, or most likely to give
ual notice to the owner.
b. The notices shall be posted not more than 100 feet in distance apart,
but at least one notice shall be posted on each lot or parcel.
c.
hearing of objections,
The notice shall be posted at le2st five days prior to the time for
d. The Public Vorks Director shall also send postcard notices of the
Wotice to Abate Nuisances" to the owners of the affected property as
such owner's name and address appears on the laat equalized assessment
roll of the County of fjzn Diego.
e, Postcard notices to owners shall be mailed at least sev2n days prior
to date of hearing.
objections or protests, if any, to the proposed abatement of the nuisance, and
nay continue the hearing from time to time, Upon the conclusion of the hearing
I 7 1 the City Council shall llow or over-rule any or all objections, where upon the
City Council shall acquire jurisdiction to proceed and perform the work of
abatement of the nuisence as heretofore declared.
i SECTION 11, CITY COUNCIL TO ORDER ABATENENT, After final action is taken TL
by the City Council, the City Council shall order the Public Works Director
to abate the nuisences.
SECTION 12, PUBLIC WOXKS DIRECT02 AUTIICKIZED TO ENTER UPON PRIVATE FRCPER- P?
TY.
tracting agents or other reTresentatives, may enter upon private property for
the purpose of abzting the nuisance.
The Public Works Director, and his assistants, deputies, employees or con- -
SECTION 13. PUBLIC MORKS DIRECTOR TO DETERNIXE AND AFPORTION EX7ENSES OF
The Public Idorks Director shall keep an account of costs of abate- I AB!I,TDIENT, 1 I
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ment in front of or on each separate parcel of land and shell render an itemized 1
I report in writing to the City Council showing the costs of abating the nuisance,
A postcard notice of the time and place of submission of the report of the 1
I I 2ublic Works Director to the City Council, stating generally the nature of the
report, shall be mailed to the affected property owners at lezst seven days
before the date of submission of the report of the Public Works Director to
the City Council,
R SZCTION 14, CITY COUNCIL TO CONSIEER REPOET OF PUBLIC VOZKS DIWECTOR,
At the time the City Council receives the report of the Public Works Cirector,
the City Council shall consider the same and hear any anc? all objections, if
any, of all property owners who are liable to be assessed for the work of
abatement, After the hearing the City Council may make such modifications in
the report as it ems necessary, after TJ h, by motion of the majority of the
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in the report as confirmed sha.11 constitute special assessnents against the
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respective parcels of land, and are a lien on the 2roperty for the amount of
the respective
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p2 SECTION 15. COLLECTION OF .A3ATEPXET EXPENSES. k, copy of the report as
confimed shall be turned over to the auditor of the County of San Diego, on or
before the tenth day of August following such confimation, an? the auditor shal
enter the amounts of the respective assessments against the respective parcels
as they appear on the currer.t assessment roll.
the amount of the assessment on bills for taxes levied against the
The tax collector shall
-espective lots and parcels of land.
;hall be collected at the same time and in the same manner as city taxes are
Thereafter the amounts of the assessments
ted, and are subject to the same penalties and the same procedure and
;ale in case of delinquency as provided for ordinary city taxes.
)licable to the levy, collection and enforcement of city taxes are applicable
:o such special assessment taxes. The county tax collector may, in his dis-
:retion, issue separate bills for such special assessment taxes and separate
receipts for collection on account of such assessmentso
All laws ap-
SECTION 16. Any person violating any of the provisions of this Ordinance
shall be guilty of a misdemeanor and upon conviction thereof shall be punished
by imprisonment in the jail provided by the City of Carlsbad for not exceeding
six (6) months, or by a fine of not to exceed Five hundred Dollars ($500.00),
or by both such imprisonment and fine,
SECTION 17. ZFFECTIVE DATE. This Ordinance shall take effect and be in
force on the thirty-first day from and after its final passage.
SECTION 18. PUBLICATION. The City Clerk of the City of Carlsbad is
hereby directed to cause this Ordinance to be published once in the Carlsbad
Journal, a newspaper published and of general circulation in said City of
First read at a regular meeting of the City Council of said City held on
2nd day of April, 1957, and finally adopted and ordered published at a
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