O 030 C.S.
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, ORDINANCE NO. 30 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING TITLE 4 OF THE ARROYO GRANDE
MUNICIPAL CODE BY ADDING CHAPTER 7 THERETO
TO ABATE OBSTRUCTlONS IN DRAINAGE CHANNELS
AS A PUBLIC NUISANCE.
The City Council of the City of Arroyo Grande does ordain as follows:
SECTION 1: Title 4 of the Arroyo Grande Municipal Code is amended by
adding the following:
Section 4-7.01: Any structure, fence, conduit, wall, tree, shrubbery,
masonry, pipe, lumber, or other material which obstructs or constitutes
a hazard to the free flow of water through a stream, drainage channel or
watercourse is hereby declared to be a public nuisance. Any such public
nuisance may be abated under the direction of the Arroyo Grande Director
of Public Works fifteen (15) days after said official has caused a notice
of the hazardous condition to be mailed to the concerned property owner
or owners by certified mail, return receipt requested, with a five-day re-
turn requested and the cost of such removal shall, after confirmation by
the City Council, constitute a lien and special assessment against the con-
r cerned parcel or parcels in accordance with Section 38773 and Section
38773.5 of the Government Code of the State of California, unless the prop-
erty owner maintaining such nuisance files an appeal from the determination
of the Arroyo Grande Director of Public Works to the City Council with the
City Clerk within ten (10) days from the date of mailing the required notice
to the property owner. In the event such an appeal to the City Council is
filed, a hearing will be held before the City Council and no action shall be
taken by the Director of Public Works to abate the condition which he has
classified as a public nuisance until the City Council has announced its
decision. At least ten (10) days prior to the date set for such hearing,
the City Clerk shall mail a notice by certified or registered mail, return
receipt requested, to the owner of the affected parcel or parcels as shown
on the last equalized assessment roll. The owner of the real property on
which the nuisance is located may appear in person at the hearing or pre-
sent a written statement under penalty of perjury in time for consideration
at the hearing explaining why, in his opinion, the condition of the property
does not constitute a nuisance or why the cost of abating the public nuis-
ance should not be assessed against the property upon which the nuisance is
located.
Section 4-7,02: If the property owner fails to appeal to the City
Council within the allotted time or if the City Council finds that the con-
dition of the property noted by the Director of Public Works constitutes a
public nuisance and that the property owner should be responsible for the
cost of removing such nuisance, the full cost of abating said public nuis-
ance shall be made a special assessment against the concerned parcel or
parcels. The precise cost of said removal shall be announced and confirmed
by the City Council at a duly noticed hearing of said Council as soon as
the final costs have been ascertained. The assessment may be collected at
the same time and in the same manner as ordinary municipal taxes are col-
lected and shall be subjected to the same penalties and the same procedure
and sale in case of delinquency as provided for ordinary municipal taxes.
All laws applicable to the levy, collection and enforcement of municipal
taxes shall be applicable to such special assessment.
Section 4-7.03: Any and all drainage improvements on private property
must be approved by the Arroyo Grande Director of Public Works prior to
installation. Failure to secure such approval shall render said improve-
ments subject to the public nuisance abatement procedure set forth above.
SECTION 2: This Ordinance shall be in full force and effect thirty
(30) days after its passage, and within fifteen (15) days after its passage
it shall be published once, together with the names of the Councilmen vot-
ing thereon, in the Five Cities Times-Press-Recorder.
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On motion of Councilman Schlegel, seconded by Councilman Levine,
and on the following roll call vote, to wit:
AYES: Councilman Schlegel, Levine, Wood; Talley and Mayor
Thompson.
NOES: None.
ABSENT: None.
the foregoing Ordinance was passed and adopted this 25th day of November,
1969.
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AIT"'~e-40- MAYOR
C I CLERK
I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify that the fore-
going Ordinance No. 30 C.S. is a true, full and correct copy of said
Ordinance passed and adopted by the City Council of the City of Arroyo
Grande at a regular meeting of said Council held on the 25th day of
November, 1969.
WITNESS my hand and the seal of the City of Arroyo Grande affixed
this 26th day of November, 1969.
City Cle of the City of Arroyo Grande
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