HomeMy WebLinkAboutOrdinance #2241 ORDINANCE NO. 2241
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING THERETO CHAPTER 8.17 ENTITLED
ABATEMENT OF TREES AND SHRUBS OBSTRUCTING
PUBLIC RIGHTS OF WAY
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding thereto Chapter 8.17 entitled "Abatement of
Trees and Shrubs Obstructing Public Rights of Way," to read as
follows :
Chapter 8.17
ABATEMENT OF 'TREES AND SHRUBS OBSTRUCTING
PUBLIC RIGHTS OF WAY
8.17. 010 Sidewalks--Streets--Obstructions (a) Any
person owning, leasing, occupying, having charge or control of
any lot or premises , shall not allow, keep or maintain any tree,
bush or vegetation growing upon any lot or premises abutting
any street or sidewalk or upon any street or sidewalk so that
the limbs , twigs , leaves or parts of such tree, bush or vegeta-
tion interferes with or obstructs the free passage of pedestrians
or vehicles along or upon said streets or sidewalks .
(b) Trees or bushes greater than fifteen (15) feet in height
growing in or upon or overhanging any premises or sidewalk shall
be deemed to interfere with and obstruct the free passage of
pedestrians or vehicles upon said streets or sidewalks within
the meaning of this section unless the lower limbs , twigs or
leaves of such trees or bushes are kept removed at all times
so as to have a minimum clearance of:
(1) Thirteen (13) feet six (6) inches over that
portion of state highways and arterials improved, designed
or
ordinarily used for vehicular traffic;
(2) Eleven (11) feet over that portion of local
streets improved, designed, or ordinarily used for vehicular
traffic ;
JOC :cs
1.
I
(3) Nine (9) feet over the sidewalk and parkway area
of all streets .
18. 17. 020 Nuisance declared. Any obstruction of a
public street or sidewalk in violation of Section 8.17. 010
is declared to be a nuisance .
8. 17. 030 Removal--Notice to owner. It shall be the
duty of the director of public works to notify, in the manner
hereinafter provided, the occupants and owners of any premises in
this city to comply with Section 8.17. 010 within ten (10 ) days
from the receipt of such notice, and upon failure to do so within
ten (10 ) days , the city may cause the obstruction referred to in
Section 8. 17. 010 to be removed at the expense of said owner.
8. 17. 040 Notice--Form--Service. The notice to remove the
tree or shrub obstruction shall be given in writing, by serving
personally upon the owner and upon the occupant (if any) a copy
of such notice, directed to the owner, of if the owner is a
nonresident of the city, by serving the occupant 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 assess-
ment of the city. If there is no occupant , a copy of the notice
shall be posted in a conspicuous place on each lot or legal
subdivision of the premises , and a copy served upon the owner
as hereinbefore provided.
8. 17. 050 Delinquency--Estimate given to council. At
the expiration of ten (10) days from the sending or serving of
the notice if the obstruction is not eliminated, the director
of public works may thereupon report the delinquency to the council
with an estimate of the probable cost of doing the work.
8. 17. 060 Ordering of work by city. The council may then
order the director of public works to do the work at the expense
of the owner of said property, and provide for temporary payment
of the same with city funds .
8.17. 070 Extension of time. The council may, in its
discretion, extend the time within which the work must be done.
8. 17. 080 Abatement--Costs . All costs incurred by city
shall constitute a charge and special assessment upon such parcel
of land. If such costs are not paid within a period specifi-
cally set by the city, they shall then be declared a special
assessment against that parcel as provided in Government Code
Section 38773. 5• Such special assessment shall be collected at
the same time and in the same manner as ordinary county taxes
are collected, and shall be subject to the same penalties and
the same procedures and sale in case of delinquency as provided
for ordinary county taxes . The city shall retain the additional
2.
and independent right to recover its costs by way of civil
action against the owner or person in possession or control,
jointly or severally.
SECTION 2. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a weekly news-
paper of general circulation, printed and published in Huntington
Beach, California.
PASSED AND ADOPTED by the City Council of the City of
an adjourned
Huntington Beach at t regular meeting thereof held on the 12tY
day of December, 1977. �
ATTEST:
Mayor
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Administrator City Attor y
i
INITIATED AND APPROVED AS TO CONTENT :
Director of tic Works
Ord. No. 2241
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 member$ 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 21st day of November
19 77 and was again read to said City Council at a regular adjourned
meeting thereof held on the 12th day of December 19 77 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Wieder, Coen, Shenkman, Pattinson
NOES: Councilmen:
Siebert, Gibbs
ABSENT Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntintonseach u^d Clerk of the City
Council, : h>nrebk c r,;l h- 'h'.s ordinance has
been pubhi,h-.d in th-- Hunt .gton Beach dews on
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In acc3rdan�e ,pith the City ChaKcr of sa'"d City.
ALICIA M. NJENTWORTH
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iy Clerk
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Deputy City Clerk