HomeMy WebLinkAboutOrdinance 3812 Amending Chapter 8.17 of the Huntington Beach Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County, State of California,under date of Aug.24, 1994,case
A50479.
PROOF OF
PUBLICATION
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I am the Citizen of the United States and a CITY OF
resident of the County aforesaid; I am over HUNTINGTON BEACH
the age of eighteen years, and not a party LEGAL NOTICE
ORDINANCE NO.3812
to or interested in the below entitled matter. Adopted by the CIgCoundl
I am a principal clerk of the HUNTINGTON on SEPTEMBER 2,2008
OF THE
BEACH INDEPENDENT, a newspaper of CITYOOFNHUNTINGTON
general circulation, printed and published in BEACH AMENDING
CHAPTER 8.17'OF THE
'HUNTINGTON BEACH
the City of Huntington Beach, Count/ of MUNICIPAL CODE. RE-
TO
Orange, State of California, 'and the RATING RIGHTS-OF--WW PUBLIC
AY"
attached Notice Is a true and complete copy CHA SYNPTEROPSIS:8.17 OF THE
PRO-
as was printed and published on the MUNICIPAL CODE HIBITS �OBSTRUCTIONS
EES
following date(s). ETC.TRONTO BUSHES,
C
SIDEWALKS AND
STREET. BUSHES AND
VEGETATION GROWING
OVERWALLS AND
FENCES FROM PRIVATE
PROPERTY INTO -CITY
DRAINAGE CHANNELS
HAS BECOME AN IN-
EN-
September 11, 2008 CREASING A
ANCE PROBLEMLEM AND
COST. THIS ORDINANCE
ADDS LANGUAGE TO
THE MUNICIPAL CODE
SPECIFIC TO DRAINAGE
CHANNELS.
PASSED AND ADOPTED
by the City,Council of
the City of Huntington,
Beach at a regular)
meeting held September
2, 2008 by the following
roll call vote:
AYES: Hansen, Hardy,
declare, under enalt of u , that the Bohr, Cook, .Goerper,
p Y p er J rY Green,Carchio
foregoing is true and correct. NOES: N:N
g g I ABSTAIN:None
ABSENT:None
THE FULL TEXT OF THEI
ORDINANCE IS AVAIL-
ABLE IN THE CITY
Executed on September 11 2008 ,CLERK-IS OFFICE.
This ordinance is effec-
tiveat Huntington Beach, California ln3�YOF
HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,
CA 92648
714-536-5227
JOAN L.FLYNN,
CITY CLERK
Signa re Published Huntington
Beach Independent Sep-,
i tember.11,2008
--- 092-954
Council/Agency Meeting Held: 8 'f o 00r
Deferred/Continued to:/�w/--E-- qlALdy-
XAppr ed ❑ Conditionally Approved ❑ Denied City rk' igna e
Council Meeting Date: 8/18/2008 Department ID Number: PW 08-55
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE 5
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF U� BLIC WO KS
SUBJECT: Adopt Ordinance Prohibiting Flood Control/Drainage Channel
Obstructions
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Chapter 8.17 of the Municipal Code prohibits obstructions of trees,
bushes, etc. onto public sidewalks and street. Bushes and vegetation growing over walls
and fences from private property into City drainage channels has become an increasing
maintenance problem and cost. This ordinance adds language to the Municipal Code
specific to drainage channels.
Funding Source: The cost of enforcement of the ordinance is anticipated to be minimal and
will be included in the current enforcement procedures.
Recommended Action: Motion to:
1. Adopt Ordinance No. 3812 An Ordinance of the City of Huntington Beach
Amending Chapter 8.17 of the Huntington Beach Municipal Code Relating to Public
Rights-of-way.
Alternative Action(s):
1. Do not adopt the ordinance and instruct staff on how to proceed.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/18/2008 DEPARTMENT ID NUMBER: PW 08-55
Analysis: Chapter 8.17 of the Municipal Code specifically prohibits the overgrowth of
bushes, trees or other vegetation from private property onto sidewalks or streets where such
overgrowth obstructs the passage of pedestrians or vehicles. The code places the duty of
notification of non-compliance to owners or occupants on the Director of Public Works.
Owners/occupants are given ten days from the receipt of notice to comply or the obstruction
may be removed by City crews or by contract at the owner's expense.
The City maintains a number of stormwater drainage channels that carry dry weather and
storm flow to City flood control stations and to the ocean. Overgrowth of trees and shrubs
from private property into the channels has been an ongoing problem and maintenance
concern for the Public Works Department. Unmanaged overgrowth can block the channel or
break free and cause major damage or blockage at flood control stations. The majority of the
drainage channels have limited access, so when overgrowth is allowed unabated, special
equipment, including cranes, is needed to remove it and the cost can be substantial. (Two
such problem spots cost the City over $12,000 in contract charges last fiscal year.) The
amended ordinance adds language specific to flood control/drainage channels and adds
these kinds of obstructions to the notification/enforcement procedure noted above.
Public Works Commission Action: Not applicable.
Strategic Plan Goal: C-2 Provide quality public services with the highest professional
standards to meet community expectations and needs, assuring that the city is sufficiently
staffed and equipped overall.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
Ordinance No. 3 8112 An Ordinance of the City of Huntington
Beach Amending Chapter 8.17 of the Huntington Beach
Municipal Code Relating to Public Rights-of-way
-2- 8/4/2008 8:48 AM
ATTAC H M E N T #
1
ORDINANCE NO. 3812
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.17 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PUBLIC RIGHTS-OF-WAY
The City Council of the City of Huntington Beach does hereby ordain as follows:
-SECTION 1. Section 8.17.015 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.17.015 Flood Control/DrainalZe Channels.—Obstructions.
(a) No person owning, leasing, occupying, having charge or control of any lot
or premises shall allow, keep or maintain any tree, bush or vegetation growing upon any
lot or premises abutting any flood control/drainage channel in such a manner that the
limbs, twigs, leaves, vines, roots or parts of such tree, bush or vegetation interfere with,
' impede, redirect or obstruct the flow of water along, in or upon any flood
control/drainage channel.
SECTION 2. Section 8..17.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.17.020 ` Nuisances declared. Any obstruction of a public street, sidewalk, or flood
control/drainage channel in violation of Section 8.17.010 or 8.17.015 is declared to be a
nuisance.
SECTION 3. Section 8.17.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 or 8.17.015 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 or 8.17.015 to be removed at
the expense of said owner.
08-1685/24025 1
Ordinance .No. 3812
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2 n d day of September . , 2008.
AA
Mayor
ATTEST: APPROVED'AS TO FORM:
r _ �` v�City tto ey �o cfl12�.1t7�
REV WE.D A A PROVED: INITIATED AND APPROVED:
City AdministratOr Director Public Works
08-1685/24025 2
-Ord. No. 3812
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ek-officio'Clerk of the City Council of said City,do.hereby
certify that the whole number of members of the City-Council of the City of Huntington
Beach is sevens that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on August 18, 2008, and was again read to said City Council at a
regular meeting thereof held on September 2, 2008, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio .
NOES: None
ABSENT: None
ABSTAIN: None ,
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on September I t,2008.
In accordance with the City Charter of said City
Joan L. Flynn-City Clerk CU Clerk and ex-officio. erk
Senior Deputy City Clerk of the City Council of the City'
of Huntington Beach, California
LEGISLATIVE DRAFT
Ordinance No. 3812
Chapter 8.17
PUBLIC RIGHTS-OF-WAY
(2241-1/78,2677-2/84)
Sections:
8.17.010 Sidewalks--Streets—Obstructions
8.17.015 Flood Control/Drainage Channel -- Obstructions
8.17.020 Nuisance declared
8.17.030 Removal--Notice to owner
8.17.040 Notice--Form--Service
8.17.050 Delinquency--Estimate given to Council
8.17.060 Ordering of work by city
8.17.070 Extension of time
8.17.080 Abatement--Costs
8.17.010 Sidewalks--Streets--Obstructions.
(a) No person owning, leasing, occupying, having charge or control of any lot or premises shall
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 in such manner that the limbs,
twigs, leaves or parts of such tree, bush or vegetation interfere with or obstruct the free
passage of pedestrians or vehicles along or upon said streets or sidewalk.
(b) Trees, bushes, vines or any other vegetation growing in, upon, or overhanging any public
right-of-way shall be deemed to interfere with and obstruct the vision or free passage of
pedestrians or vehicles upon said public right-of-way, within the meaning of this section,
unless the lower limbs, twigs or leaves of such trees, bushes, vines or vegetation are kept
removed at all times so as to provide an unobstructed clearance, including a minimum
vertical clearance of:
(1) Thirteen (13) feet six (6) inches over that portion of state highways and arterials J
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;
(3) Nine (9) feet over the sidewalk and parkway area of all streets. (2241-1/78, 2677-2/84)
8.17.015 Flood Control/Draina2e Channels — Obstructions.
(a) No person owning., leasing, occupying, having charge or control of
any lot or premises shall a�ow, keep or maintain any tree, bush or vegetation
growing upon any lot or premises abutting any flood control/drainage
channel.
8.17.020 Nuisance declared. Any obstruction of a public street,of sidewalk, or flood
control drainage channel in violation of section 8.17.010 or 8.17.015.is declared to be a
nuisance. (2241-1/78)
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 or 8.17.015 within ten (10) days from the receipt of such j
notice, and upon failure to do so within ten (10) days, the city may cause the obstruction referred
to in section 8.17.010 or 8.17.015 to be removed at the expense of said owner. (2241-1/78) J
i
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, or 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 assessment 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. (2241-1/78)
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. (2241-1/78)
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. (2241-1/78)
8.17.070 Extension of time. The Council may, in its discretion, extend the time within which
the work must be done. (2241-1/78)
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 specifically 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 and independent right to recover its costs by
way of civil action against the owner or person in possession or control,jointly or severally.
(2241-1/78)
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Adopt Ordinance Prohibiting Flood Control/Drainage
Channel Obstructions
COUNCIL MEETING DATE: August 18, 2008
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORMP13DED
Administrative Staff ( ) )
Deputy City Administrator (Initial) )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Ken Dills:jg