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HomeMy WebLinkAboutOrdinance #1668 ORDINANCE NO. 1668 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 558 ENTITLED, "RUBBISH ABATEMENT" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto Article 558 entitled, "Rubbish Abatement" to read as follows : 5580 . REMOVAL OF ACCUMULATION OF TRASH, JUNK, DEBRIS, RUBBISH OR REFUSE REQUIRED . Every owner and occupant of real property shall keep said property free of any accumulation of trash, junk, debris , rubbish, or refuse . 5581 . ACCUMULATION OF TRASH, JUNK, DEBRIS, RUBBISH, OR REFUSE DECLARED A NUISANCE . Any accumulation of trash, junk, debris , rubbish, or refuse on any real property in this city, unless otherwise permitted by law, is hereby declared to be a nuisance . 5582 . NOTICE TO OWNER TO REMOVE TRASH, JUNK, DEBRIS, RUBBISH, OR REFUSE . It shall be the duty of the Director of Building and Safety to notify , in the manner hereinafter pro- vided, the occupant and owner of any real property in this city to eradicate remove and abate within ten 10 days from the > ( ) ay giving of such notice , any accumulation of trash , junk, debris , rubbish, or refuse from such real property, and that upon fail- ure to do so within such ten (10 ) days , this city will cause the said trash, junk, debris , rubbish , or refuse to be removed and abated, and that the cost of such removal and abatement will be made a special assessment against that property , to be collected at the same time and in the same manner and subject to the same penalties as municipal taxes . 5582 .1 . FORM. SERVICE OF NOTICE . Such notice shall be given in writing, by serving personally upon any occupant and upon the owner of any real property , each a copy of such notice , directed to the owner, or if the owner be a nonresident of the City of Huntington Beach , by serving any occupant personally, and by mailing by registered mail, a like copy in writing to 1 . the owner at his last known address as shown by the last assess- ment of the tax assessor of Orange County, if said address ap- pears thereon, or if no address appears thereon, the same shall be addressed to him at the City of Huntington Beach, and if there be no such address or occupant , by posting a copy of the notice in a conspicuous place , upon each lot or legal subdivision of the said property, and serving a copy upon the owner as herein- after provided. 5583 . DELINQUENCY . REPORT TO CITY COUNCIL . HEARING . At the date and time so set by the notice, if the said accumu- lation of trash, junk, debris , rubbish, or refuse is not removed from the said property, the Director of Building and Safety shall thereupon report the said delinquency to the City Council with an estimate of the probable cost of doing the work. Such matters shall be set for hearing before the City Council and not less than ten (10 ) days notice of such hearing shall be given to the occu- pant and owner of such real property in the manner provided by Section 5582 .1 of this article . 5584 . ORDERING OF WORK. The City Council, after such public hearing, upon a finding of the existence of any accumu- lation not otherwise permitted by law of trash, junk, debris , rubbish, or refuse , shall order the Director of Building and Safety to do said work, at the expense of the owner of said property , and provide for temporary payment of the same with city funds . 5584 .1. EXTENSION OF TIME. The City Council may , in its discretion, extend the time within which the work must be done . 5585 . STATEMENT OF PROCEEDINGS . CONTENTS . At the com- pletion of the work, the Director of Building and Safety 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 , if known, the giving of the notices , the holding of the public hearing, the making of the order by the City Council, the doing of the work and the cost thereof . 5585 .1. AUTHENTICATION. FILING. Such statement must be signed and verified by the Director of Building and Safety and filed with the City Council . 5585 .2 . COLLECTION FROM OWNER. The City Council shall then assess such costs against the parcel of land pursuant to Section 38773 .5 of the Government Code and shall cause the amount of such costs and assessment to be transmitted to the tax collector for collection. 5586 . CRIMINAL PROSECUTION . The collection of said cost of abatement shall not be a bar to criminal prosecution 2 . for nuisance . 5587 . MISDEMEANOR. Every occupant and owner of real property who maintains , allows , or permits any nuisance defined in this article after notice to abate as provided in this article , is guilty of a separate misdemeanor with respect to each day that said nuisance continues , after said notice , on each lot or parcel on which said nuisance shall exist . Any violation of this article is punishable by a fine not ex- ceeding Five Hundred Dollars ($500) , or by imprisonment in the county jail for a period not exceeding six (6) months , or by both such fine and imprisonment . 5588 . SEVERABILITY . If any provision or clause of this article or application thereof, or any amendment or revision thereto, to any person or circumstance is held invalid , such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid pro- vision or application, or amendment or revision thereof, and to that end, the provisions of this article are declared to be severable . SECTION 2 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly newspaper of general publication, printed and published in Huntington Beach , California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of August , 1971 . Mayor ATTEST: City erk APPROVED AS TO FORM: -- City ttorney 3 • Ord. No. 1668 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 2nd day of August 19_Zl_, and was again read to said City Council at a regular meeting thereof held on the th day of Au _ ugt , 19� , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Gibbs , Matney City Clerk an x-officio Clerk of the City Council of the City 1. PAUL C. JONES, CITY CLERK of the City of of Huntington Beach, California Hunnngton Beach and ex-officio Clerk of the City Council, do hereby certify that this ordinance has been published in the Huntington Beach News on ------------------ 71 19 In accordance with the PAUL C.CityCCer of said City. �... City Clerk Deputy City Clerk