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O 039 / .. ORDINANCE NO. 39 . . AN ORDINANCE OF THE CITY OF ARROYO GRANDE PROVIDING FOR TIlE ABATEMENT OF ALL 'KINDS OF NUISANCES, INCLUDING THC REMOVAL OF DIRT, RUBBAGE, WEEDS OR GRASS OR RANK GROWTHS FROM BUIlDINGS, OR LOTS, OR THE SIDEWALKS IN FRONT THEREOF. The City Council of the City of Arroyo Grande do ordain as follows: Section I Anything which is injurious to health" or is indecent or offensive . to the senses, or any obstruction to the free use of property 80 as to interfere with the comfortable enjoyment or life or property, and which affects at the same time, an entire community or' neighborhood, or, any considerable number of persons. including. any dirt. rubbish, weeds or gras~ or rank growths upon private property or the sidewalks in front , ' ther~of, of such a character as to be or become unsanitary or a fire menace or otherwise objectionable, is hereby declared to be a public nuisance, which maybe abated. as herein provided. . I The words "private property", as used herein shall, include build- . " ings, aa well as land. ! Section 2 " j Whene~er any such publicnuis4nce exists upon any private property or the ai~e~alka'in front thereof, the City C~uncilshall pass a , resolutian directing the street Superitendant to have the same' abated. Said Resolution shall refer to such property by st~eet and n~ber or by such ~ther means as will enable it to be';easily identified and . located,',also the character of the nuisance to be abated. Any number .of parcels of private prope,rty,' or, sidewalks, whether they bC contiguous or otherwise, may be included in one and the same Resolution.' Section 3 After the pasaage of said Resolution, the Street Superintendent I , . I ' shall cauae a not~ce to be conspicously'posted in front of or'upon" each parcel of Prpperty on which or in front of which such nuisance exists, which notice ahal i be headed, "Notice to Abate Nuisance", in letters of not less than one half inch in height, and shall be sub- , " stantially in the following form: . I ~, '-~ " - ---- / NOTICE TO ABATE NUISANCE Notice is hereby given that on the day of 19~, the City Council of the City of Arroyo Grande passed, a Reso1.u- tion,~declaring that a public nuisance exists upon orin front of certain property, the particular chara~ter of the nuisance ~nd location of the property bein~ described as follows: .--- Said public nuisance must be abated by the removal thereof within ten days from posting of the notice, otherwise the same will be removed by the Street Superintendent, and the expense thereof assessed upon the private property from wnich or in front of which the. same i. 'rellloved. r Such expense will constitute a lein upon such private property until paid. I . Dated .and posted this day of .19_ . Street Superintendent A copy of said notice shall also be delivered personally or by registered mail to the reputed owners or agents of each of the respective parcels of priyate property .referred to, whereupon the Street Super- intendent shall make and file with the City Clerk an affidavitt certifying to the' time, form and manner of posting or giving the notice,aforementioned. If the name and address of any reputed owner or agent is. unknown to the Street Superintendent, the posting of said , ! notice on the property shall. be deellle~ sufficient. , Section 4 , '. Ten .d;ys shall be allowed each owner or agent of private property , within whic~ to abate said nuisance., (tfter the posting of said notice. . ., . If it is not abated within the time .specified therein, it shall be the . , duty of the Street Sdperintendent to. abate the same, and he and his '. , deputies o~ assistants are hereby authorized to enter upon private property fpr that purpose. ! J I ' . . , ..." I I . . I -2- ., r ,. . , . . , \ Section 5 I . The Street Superintendent shall keep an account of the cost of abating such public nuisances, where the work is done by him or his deputies or assistants,and he shall rende:. an itemized statement to the Council showing the cost of such work upon or in front of each 'seperate lot or building, which cost he shall assess against each such parcel of property respectively. At least three days prior to submitting said report, and a8sess- 'ment to the City Council, he shall deliver a copy thereof, personally to one of the occupants, agents, or re~uted owners of the property affected, if known to him, otherwise he shall post a ,copy thereof for the same'p~riod upon or iQllediately:! in front of said property~ I . , , Such copy shall contain a notice'~f the time when said report I ' . I .. I I . I and assessment shall be submitted to the City Council for approval I an confirmation. He shalt file an affidavittwith the 'City Clerk . f certifying to "the time" form and manrier-'of giving or posting said notices. . . I Section 6 , , , . , , At the yime fixed ,by the Street Superintendent for submi~ting said report and assessment the City Counci~ shall,hear the same, togetMer , . I I , " I.. '_'~ with any obj.ctions which may be raised by any' of th~ owne~s, or ~he t t.,. " _.,.., . , .' , agents, asses.ed, after which the City Council may take such ~o4iffcations therein as tn~ deem meet or just. Thereupon tJle assessments so m~de t ' ~ or modified shall be confirmed by motion 'or resolution entered in the , . . , ',' ! minutes. As cpnfirmed said respective 'al!sessments shall constitute, t ,. '.. . a lein on the par~eta o~ property, affected for the amounts so . imposed ..respect1vely. I . Copies of the assessments, as confirmed, shall be delivered to the Assessor, and the Tax Collector and it shall be the duty of said' officials to ad~ th~ respective amounts of said assessments to the I , , " . bills for regul.r municipal taxes next to be levied and collected .1 ,.. . " against respective parcels' of private property so assessed, and ,. . . .... ~. I' . said amount. shall be coilected at the s.me time and in the same manner as ordinary municipal taxes are c~llected and shall be subjec~ " . - to the: same penalties for delinquency, and the same ~rocedure for foreclos~re and sale as provided for enf~rcing the. collection of ordinary municipal taxes. -3- --~~--- I j I " Section 7, '" . This ordinance shall take effect thirty days after it6 final pllssage.. I I I I .." /5/ W.A. Con~ad, I Mayor of City of Arroyo Grande I , I, the undersigned, hereby certify that the forgoing Ordinance J ' was duly and regularly introduced in the C;ity Counci 1 of 'the City of Arroyo Grande, pn the 2nd day of July 1930. and thereafter was duly , adopted 9Y !laid ~ouncil at a regular meeting, held August 6th. 1'930 , ' by the fallowing vote: to wit: Ayes: I . d Counc1lman W.A.Conra . W.C.Poole. , J. L Webb Moore; Noes: None; Absent: Counc'ilmao Jose,ph S. Gibson, Eo M. Morgan. , B. F. Stewart City Clerk p(~r A.B. . . . , , I I , . , -4- " I : . -- -------------- ------------"