HomeMy WebLinkAboutOrd 0469ORDINANCE N0. 4&9
AN ORDINANCE AMENDING THE ORDINANCE CODE OF
THE CITY OF BURLINGAME BY ADDI14G A NEVV ARTICLE
24-13; DECLARING NOXIOUS AND DOWNY WEEDS AND
RUBBISH WITHIN THE CITY A NUISANCE; PROVIDING
FOR THE METHOD OF ABATING THE SAME; PROVIDING
FOR THE PAYMENT OF THE COST THEREOF BY LEVYING
AN ASSESSMENT THEREFOR AND COLLECTING TILE SAME
WITH GENERAL VTIINICIPAL TAXES
The City Council of the City of Burlingame does ordain
as follows:
Section 1 - The Ordinance Code of the City of Burlingame
is hereby amended by adding thereto a new Article 24-B which
shall read as follows:
ARTICLE "24-B"
WEED AND RUBBISH ABATEMENT
Section 1399 - Weeds and Rubbish - Public Nuisance
All weeds growing upon any private property or in any
public street, lane, way or alley within the city, and bearing
seeds of a wingy or downy nature or which because of having
attained such a large growth and being dry shall have become a
fire menace or which are otherwise noxious or dangerous, and
all rubbish, refuse or dirt on parkways, sidewalks, or private
property, are hereby declared to be a public nuisance, and shall
be abated by the owner of the property, who is hereby required
to remove or destroy such weeds, rubbish, refuse or dirt from
his property, and in the abutting one-half of the street in
front, and the alley, if any, behind his property, and between
the lot lines thereof extended.
Section 1399.1 - Resolution Declaring Nuisance
Whenever any such weeds are growing or any rubbish,
refuse or dirt exists upon any private property or in any
street or alley within the city, the City Council shall pass a
resolution declaring the same to be a public nuisance, and order
the Superintendent of Streets to give notice of the passage of
such resolution as herein provided, and stating therein that,
unless such nuisance be abated without delay, the work of doing
so will be done by the city authority and the expense thereof
assessed upon the property from which the nuisance is removed.
Such resolution shall fix the time and place for hearing any
objections to the proposed destruction or removal.
Section 1399.2 Form of Notice
Such notice shall be substantially as follows:
NOTICE TO DESTROY AND REMOVE WEEDS AND RUBBISH
Notice is hereby given that on , 19 ,
pursuant to the provisions of the Ordinance Code of the City
Code of the City of Burlingame, the City Council of said City
passed a resolution declaring that all weeds growing, or
rubbish existing, upon any private property or in any public
street or alley, of such character as to be a fire menace, or
otherwise noxious or dangerous, constitute a public nuisance
and must be abated by destruction or removal thereof.
Notice is further given that property owners shall without
delay destroy and remove all such weeds or rubbish from their
property, and the abutting one half of the street in front, and
alley, if any, behind, such property, and between the lot lines
extended, or such weeds and rubbish will be destroyed and the
nuisance removed by the city authority, in which case the cost of
destruction or removal will be assessed upon the land from which,
or from the front or rear of which, such weeds or rubbish shall
have been destroyed or removed; and such cost will constitute a
lien upon such land until paid, and will be collected upon the
next tax roll upon which general municipal taxes are collected.
All property owners having any objection to the proposed
destruction or removal of such weeds or rubbish are hereby
notified to attend a meeting of the Council of said city, to be
held at the Council Chambers in the City Hall in said city, on
, 19 at eight o'clock, p, m., when and where objections
will be heard and given due consideration.
Dated: , 19
Superintendent of Street s of e
City of Burlingame
Such notice shall be conspicuously posted in front of the
property on which or in front or behind which, the nuisance
exists, at least ten (10) days prior to the time fixed by the
Council for hearing objections, and shall also be posted not
less than three hundred (300) feet in distance apart throughout
the city.
Section 1399.3 Hearing
At the time stated in the notice, the City Council shall
hear and consider any and all objections to the proposed destruc-
tion or removal of such weeds or rubbish, and may continue the
hearing from time to time.
Upon the conclusion of such hearing, the Council, by motion
shall allow or overrule any or all objections, if any, after
which the Council shall thereupon be deemed to have acquired
jurisdiction to proceed and perform the work of destruction or
removal of such weeds or rubbish. The action of the Council
at the conclusion of such hearing shall be final and conclusive.
Section 1399.4 Order to Abate Nuisance
After final action shall have been taken by the Council on
the dispostion of all objections, or in case no objections shall
have been received, the City Council shall by resolution order
the Superintendent of Streets to abate or cause to be abated,
such nuisance, by having the weeds or rubbish referred to
destroyed or removed, and the Street Superintendent and his
assistants, employees, contracting agents or other representative
are hereby authorized to enter upon private property for that
purpose.
Any property owner shall have the right to destroy or remove
such weeds or rubbish himself, or have the same destroyed or re-
moved at his own expense, provided that such weeds or rubbish
shall have been removed prior to the arrival of the Street
Superintendent or his representatives to remove them. However,
it shall be unlawful for any property owner or other person, to
burn any such weeds or rubbish without first having obtain-
written permission so to do from the Chief of the Fire Department
Section 1399.5 Account and Report of Cost
The Street Superintendent shall keep an account of the cost
of abating such nuisance upon each separate lot or parcel of
land, and the abutting one half of the street in front and the
alley, if any, in the rear thereof and embody such account in
a report and assessment list to the,City Council, which shall
be filed with the Clerk. Such report shall refer to each
separate lot or parcel of land by description sufficient to
identify such lot or parcel, together with the expense proposed
to be assessed against each separate lot or parcel of land
therefor respectively.
Section 1399.6 Notice of Filing Report
The City Clerk shall post a copy of such report and
assessment list at or near the entrance to the City Hall, to-
gether with a notice of the filing thereof and of the time and
place when and where it will be submitted to the City Council
for hearing and confirrnat16n, therein notifying property owners
that they may appear at such time and place, and object to any
matter contained therein. A like notice shall also be published
twice in a newspaper of general circulation printed and pub-
lished within the City of Burlingame. The posting and first
publication of said notice shall be made and completed at least
ten (10) days before the time such report shall have been sub-
mitted to the City Council. Such notice, as so posted and
published shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT
FOR WEED AND RUBBISH ABATEMENT
Notice is hereby given that on the day of
19 , the Superintendent of Streets of the City of Burlingame
filed with the City Clerk of said City a report and assessment
on the abatement of weeds and rubbish within said city a copy of
which is posted near the entrance to the Burlingame City Hall.
Notice is furtherig ven that on Monday, the day of
19 , at the hour of eight o'clock, p.m., in the Council
Chambers in the City Hall of said city, said report and assessment
list will be presented to the City Council of said city for
consideration and confirmation, and all persons interested having
any objections to said report and assessment list, or to any
matter or thing contained therein, may appear at said time and
place and be heard.
Dated: 19
City Clerk of the City o
Burlingame
Section 1399.7 Hearing and Confirmation
At the time and place fixed for receiving and considering
such report, the City Council shall hear the same together with
any objections which may be filed by any of the property owners
liable to be assessed for the work of abating the nuisance in
this article mentioned, and the Superintendent of Streets shall
attend such meeting with his record thereof, and at such hearing,
the City Council may make such modifications in the proposed
assessments therefor it may deem just and proper, after which,
such report and assessment list shall be confirmed by resolution.
The amount of the cost of abating the nuisance upon the
property referred to in the report of the Superintendent of
Streets and as finally concluded by resolution of the City Coun
shall constitute a special assessment against each respective
lot or parcel of land, and after thus made and confirmed, shall
constitute a lien on such property for the amount of such
assessments, until paid.
Section 1399.8 Collection on Tax Roll
on or before the first day of September of each year, the
City Clerk shall extend and enter the amounts of such assessments
against the respective lots or parcels of land upon the next
tax roll upon which general municipal taxes are to be collected
and the City Tax Collector shall include the same on the bills
for such taxes. Thereafter, such amounts shall be collected at
the same time and in the same manner, as general city taxes are
collected, and shall be subject to the same interest and
penalties, and the same procedure and sale in case of delinquency.
All laws and ordinances applicable to the levy, collection and
enforcement of city taxes are hereby made applicable to such
special assessments.
Section 2 - This Ordinance shall be published once
according to law.
U. S. Simonds, Jr.,
Mayor
I, Herbert K. White, City Clerk, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the
City Council held on the 16th day of August , 1948, and
adopted thereafter on the 7th day of September, 1948, by the
following vote:
AYES: COUNCILMEN: Dahl -Harper -Hunt -Love -Simonds
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
Herbert K. ] it e
City Clerk