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HomeMy WebLinkAboutOrdinance #38 ORDINANCE NO. 3 8. AN ORDINANCE REQUIRING THE CLEANING OF SIDEWALKS WITHIN THE CITY OF HUNTINGTON BEACH. The Board of Trustees of the City of Huntington Beach do Ordain as Follows: Section 1. All persons, firms or corporations owning or occupying any real property in the City of Huntington Beach fronting upon any public street, lane or alley of said City are hereby required to keep sidewalks immediately in front of property free from weeds and all vegetation growing thereon, except such as may be sown or planted for purposes or ornamentation, and free from dirt, filth, garbage or rubbish, other than the natural soil of the same, and to keep said sidewalk and said space free from dirt, filth, garbage or rubbish, other than the natural soil of the same, and to keep said sidewalk and said space free from any hole or holes, or any obstructions dangerous to life or limb; provided, however, that nothing herein contained shall precent excavating through or across any sidewalk where said excavating through is done in accordance with the terms and provisions of any other Ordinance of the City of Huntington Beach, and in accordance with the regulations therein contained covering said excavation. Section 2. Any such weeds or rubbish on any such sidewalk are hereby declared to be a nuisance. Section 3. It shall be the duty of the Superintendent of Street to the City of Huntington Beach to notify the occupants and owners of any premises in the City to remove, with in ten (10) days from the receipt of such notice, all such weeds and rubbish from the sidewalks in front thereof, and that upon a failure to do so within the said ten days, the Board of Trustees of the said City will cause the said weeds and rubbish to be removed at the expense of the said owner and occupants. Said notice shall be given in writing, by serving personally upon the occupant(if there be any occupant) and upon the owner, each a copy of such notice, directed to the occupant(if any) and owner; or if the owner be a non-resident of the City of Huntington Beach, by serving the occupant personally and by mailings by mail, a like copy in writing to the owner at his last known address as shown by the last assessment roll of the said city of Huntington Beach; or, if there be no occupant, by posting a copy of the notice in a conspicuous place upon the premises, and serving a upon a copy upon the owner as herein before provided. Section 4. If at the expiration of ten days from the sending or service of the said notice, the said weeds and other rubbish are not removed from the said sidewalk, the Superintendent of Streets shall thereupon report the said delinquency to the Board of Trustees of the said City of Huntington Beach, with an estimate of the probable coast of doing the work. The Board of Trustees must then order the said Superintendent of Streets to do the said work at the expense of the owner and occupant of the said property. And provide for the temporary payment of the same with the City funds provided. That the said Board may, in its discretion, extend the time within which the work must be done. ORD. 038 1 Section 5 At the completion of the work the Superintendent of Streets must prepare a statement of the proceedings, reciting the existence of the nuisance, the description of the property, the names of the owners and occupants, the giving of the notice, the hearing by the Board of Trustees, the making of the order by the Board, the doing of the work and the cost thereof, and the manner of making demand; which statement must be signed and verified by the oath of the said Superintendent of Streets, The Superintendent of Streets shall then collect the said amount from the owner and occupant(if any), who shall be jointly and severally liable. If the said claim be not paid within (30) days from the demand by the said Superintendent of Street, and Board of Trustees may order the said statement to be recorded in the office of the County Recorder of Orange County; California, if the owner be a non-resident of the City of Huntington Beach, it shall be a sufficient demand, for the purposes of this Ordinances, for the Superintendent of Streets to mail a copy of the said statement to the said owner The said statement, when recorded in the office of the County Recorded of Orange County, shall be a lien upon the property described therein, which may be foreclosed by the said City of Huntington Beach in like manner as liens are foreclosed under the provisions of the Code of Civil Procedure of the State of California. Section 6. Whenever the word"sidewalk" is used in this ordinance, it shall mean the strip of land between the curb line of the street and the inside property line, whether covered with a cement walk or not. Section 7. Failure to keep the sidewalks clear or clean as provided in the section 1 of this ordinance shall be a violation of this ordinance, and for every lot whose sidewalk frontage is so obstructed with rubbish or trash, or overgrown with weeds as set forth in Section 1 of this ordinance, there shall be counted a separate violation of this Ordinance, and that or any other Violation of this ordinance shall constitute a misdemeanor, and any person violating the same or any part thereof shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punishable by a fine not exceeding Fifty Dollars ($50 00), or by imprisonment for a period not exceeding fifty (50) days, or by both such fine and imprisonment. Section 8. The City Clerk shall certify to the passage of this ordinance and cause the same to be published once in the "Huntington Beach News," a newspaper published and printed in the City of Huntington Beach, California, and thereupon and thereafter it shall take effect and be in full force. Ed Manning President of the Board of Trustees of the City of Huntington Beach California Attest: ER Bradbury City Clerk and ex officio ORD. 038 2 Clerk of the Board of Trustees I, E R. Bradbury, City Clerk of the City of Huntington Beach, California, do hereby certify that the foregoing Ordinance was read to the Board of Trustees of the said City of Huntington Beach on December 13th 1909, and was passed at a regular meeting of the said Board of Trustees held on the 27th day of December 1909, by the following vote: Ayes: Helme, Howard, Stewart, Manning. Noes: None. Absent: Warner E.R. Bradbury City Clerk of the City of Huntington Beach, California. I, ER Bradbury, city clerk and ex officio clerk of the Board of Trustees of the City of Huntington Beach, hereby Certify that the foregoing Ordinance of the City of Huntington Beach Numbered"'38." And entitled, An Ordinance requiring the cleaning of sidewalks within the City of Huntington Beach and that the same was published in the Huntington Beach News a newspaper printed and published in the City of Huntington Beach according to law on the 30 day December 1909 E R. Bradbury City Clerk. ORD. 038 3 phis Ordinance was reproduced from a handwritten original in its exact form to maintain its historicaCtntegrtty. This typewritten format allows for keyword searching. the handwritten originaCs can be vie wed in the City Clerks office on request.