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O 003 C.S. '- ORDINANCE NO. 3 C. S. ORDINANCE OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 6 TO TITLE 4 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE ABATEMENT OF ACCUMULATED WASTE MATERIAL. -THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6 is added to Title 4 of the Arroyo Grande Municipal Code relating to the abatement of accumulated waste material to read as follows: SECTION 2. DEFINITIONS Accumulated Waste Material, is hereby defined as either one of the following' l. The unlicensed storage of discarded, used and manufactured apparatus, lumber, building materials, equipment, motor vehicles, motor ve~ hicle parts, scrap metals, appliances, paper, crockery, furniture, glassware, or other manufactured or assembled items, whether or not for purposes of sale, or 2. The unlicensed salvaging, dismantling, wrecking, reassemb- ling or burning of any of the foregoing or similar items kept, stored, lo- cated, situated, or piled in public view or in view of abutting properties. SECTION 3. VIOLATION AND PENALTY Each and every person, who allows accumulated waste materials to be stored, located, situated, or piled on property or premises over which he has control, after reasonable notice to remove said accumulated waste material, but in no event less than ten (10) days, shall be guilty of a misdemeanor, and the continued existence of such condition shall be deemed a separate and distinct offense for each and every day that said condition continues to exist after the time stated in said notice; and it shall be the duty of the City to prosecute said violations until said con- dition is abated, fenced or removed. Each person, firm, corporation or co-partnership violating Or contributing in any way to the violation of any of the provisions of this Ordinance shall be deemed guilty of a separate offense for each day d~ring which such violation continues and each person, firm, corporation or co- partnership upon conviction thereof, shall be punished by a fine not ex- ceeding Five Hundred ($500.00) Dollars, or by imprisonment not exceeding six (6) months or by both such fine and imprisonment for each such vio- lation. ~. ----- , ."-.. -- SECTION 4. SERVICE OF NOTICE That Notice required under Section 3 above shall be served upon the person in control in writing by the Police Department and shall provide that said person reasonable time to either remove or obscure said accumulated waste material. In no event shall the person in control be served with a notice of less than ten (10) days. SECTION 5. NOTIFICATION TO PERSON IN CONTROL OR PROPERTY OWNER. For the purposes of this Ordinance, the person or persons in control of the premises shall be the resident or occupant of said premises. In the event that the premises are unoccupied, the person or persons whose names are shown on the last equalized assessment roll of the County of San Luis Obispo shall be deemed to be the person or persons having control of the property. SECTION 6. ENFORCEMENT The Police Department of the City of Arroyo Grande shall have the power and duty to enforce the provisions of this Ordinance. SECTION 7. APPEALS Appeals shall be made in writing and filed with the City I Clerk, together with a filing fee of five dollars ($5.00) within ten (10) days after receiving the written notice of the Police Department, as pro- vided for under Section 4 hereof. Upon receipt of the written appeal, the City Clerk shall set a time within thirty (30) days after the receipt of such appeal for a public hearing before the City Council on said appeal. SECTION 8. PROCEDURE FOR HEARINGS ON APPEALS All persons who file an appeal shall be given notice by the City Clerk or the City Council of the time and place of the hearing. The hearing shall be conducted by the Arroyo Grande City Council and it's decision shall be final. Notwithstanding any provision herein, until the appeal has been heard and decided, or until the time for appeal has passed, the person in control shall be guilty of no offense under the provisions of this Ordinance. SECTION 9. EFFECTIVE DATE This Ordinance shall be in force and effect thirty (30) days after its passage and within fifteen (15) days from its passage it shall be published once in the Herald-Recorder, a newspaper printed and published in the City of Arroyo Grande together with the names of the Councilmen voting thereon. - ~ _.,- ..-..... - On motion by Councilman Schlegel, seconded by Councilman Burt and on the followLng roll call vote, to-wit: AYES: Councilmen Levine, Schlegel, Burt and Mayor Pro-Tem Thompson. NOES: None ABSENT: Mayor Wood. the foregoing Ordinance was adopted this 25th day of October, 1966. ~ ~~,_ ~h~ Ma r Pro- m " .,,,"', ~~~~;hA'/ Cit lerk 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.3 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 of the City of Arroyo Grande, on the 25th day of October, 1966. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 26th day of October, 1966. _..._--~.---_.._-