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HomeMy WebLinkAboutOrdinance #84 ORDINANCE NO. 84 AN ORDINANCE REQUIRING THE CLEANING OF CERTAIN WEEDS FROM PROPERTY IN 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 any real property in the City of Huntington Beach are hereby required to keep said property free from weeds, whose seeds are of a winged or dowry nature, and are spread by the winds. Section 2, Any such weeds on any such real property in the City of Huntington Beach are hereby declared to be a nuisance. Section 3. It shall be the duty of the Superintendent of Streets of the City of Huntington Beach, to notify in the manner hereinafter provided, the occupants and owners of any premises in this City to eradicate and remove within (10) days from the receipt of such notice, all weeds whose seeds are of a winged or dowry nature and are spread by the winds, from the property they own or occupy in the City of Huntington Beach, and that upon a failure to do so within ten days the said city will cause the said weeds to be removed at the expense of said owner. Such notice shall be given in writing by serving personally upon the upon the occupant, (if there be any occupant) and upon the owner such, a copy of such notice, directed to the owner, or if the owner be a non-resident of the City of Huntington Beach, by serving the occupant(if any)personally, and by mailing by registered mail a like copy, in writing, to the owner at his last known address, as shown by the last assessment of the said City of Huntington Beach, if said address appears thereon. or if no address appears thereon, the same shall be addressed to him at the City of Huntington Beach, or if there be no occupant, by posting a copy of the notice in a conspicuous place upon each lot or legal subdivision of the said premises and serving a copy upon the owner at herein before provided. Section 4: At the expiration of ten days from the sending or serving of the said notice, of the said weeds are not removed from the said property, the Superintendent of Streets shall there upon report the said delinquency to the Board of Trustees of the said City of Huntington Beach, with an estimate of the probably cost 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 of said property, and provide for 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. Section 5, At the completion of the work, the Superintendant of Streets must prepare a statement of the proceedings reciting the existence of the nuisance, the ORD. 084 1 description of the property, the names of the owners and occupants, if known 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, which statement must be signed and verified by said Superintendent of Streets and filed in his office, The Superintendent of Streets shall the collect the said amount from the owner or owners of the said property by suit, or otherwise making the said charge a lien upon the said property by attachment or other levy, Section 6, Any person firm or corporation failing to clear his said property from said weeds after notice, as provided in this ordinance, shall be subject to a penalty of ten ($10.00) dollars in addition to the cost of cleaning said property and the Superintendant of Streets shall cause suit to be brought in any court of competent jurisdiction to collect the same, provided the collection of said penalty shall not be a bar to criminal prosecution for the same offense. Section 7, Failure to keep said property free from the said weeds as provided in section 1 of this ordinance, shall be a violation of this ordinance and is hereby declared to be a misdemeanor and for every lot so over-grown with weeds as set forth in Section 1 of this ordinance and not cleaned after notice as herein provided in Section 2 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 misdomeanor and any person violating the same or any part thereof shall, upon conviction thereof be deemed guilty misdomeanor and shall be punishable by a fine not exceeding fifty ($50.00) dollars or by imprisonment for a period not exceeding fifty days, or by both such fine and imprisonment. Section 8, All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 9. The City Clerk shall certify to the passage of this ordinance, and shall cause the same to be published once in the Huntington Beach News, a weekly news- paper published and circulated in said City of Huntington Beach, California and thirty (30 days 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; C.E. Lavering City Clerk and ex-Officio Clerk of the Board of City Trustees of the City of Huntington Beach, California. ORD. 084 2 State of California County of Orange SS City of Huntington Beach I, C,E, Lavering, City Clerk of the City of Huntington Beach, and ex-officio Clerk of the Board of Trustees of the City of Huntington Beach, do hereby Certify that the foregoing ordinance was read to said Board of Trustees of City of Huntington Beach, on the 5th day of Sept, 1911, and that the same was passed and adopted by said Board at their regular meeting held on the 161h day of October 1911, by the following vote: - Ayes: Helme, Seely, French, Manning, Noes: None, Absent, Stewart, C,E, Lavering, City Clerk and Ex-Officio Clerk of the Board of City Trustees of the City of Huntington Beach, California. I C.E. Lavering City Clerk, and Ex-Officio Clerk, of the Board of City Trustees of the City of Huntington Beach, hereby certify that the foregoing is true and correct copy of an ordinance of the City of Huntington Beach, numbered 84, and entitled an ordinance requiring the cleaning of certain weeds from property in the City of Huntington Beach, and that the same was published once in the Huntington Beach News, a weekly newspaper, printed and published in the City of Huntington Beach according to law on the 20f day of October1911 C,E, Lavering City Clerk and Ex-Officio Clerk of the Board of City Trustees of the City of Huntington Beach, California. ORD. 084 3 phis Ordinance was reproducedfrom a lool lool handwritten original in its exact form to maintain its historicaCtntegrity. This tyyewrtttenformat alCotivs for keyword searching. the lool lool handwritten originaCs can be viewed in the City Cterk 's office on request.