Loading...
HomeMy WebLinkAboutOrd 287-1949 ORDINANCE NO. 287 AN ORDINANCE PROVIDING FOR THE REMOVAL WEEDS IN THE CITY OF SOUTH S~N Fth~NCISCO. The ~ity Council of the City of South San Francisco does ordain as follows: Section 1. Certain weeds a public nuisance. ~ll weeds growing upon the streets or sidewalks or upon any vacant or unimproved private property within the City of South San Francisco, which bear seeds of a wingy or downy nature, or attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, may be declared to be a public nuisance, which nuisance may be abated as in this ordinance provided. Section 2. Resolution to remove weeds. Whenever such weeds are growing upon any street or sidewalk, or vacant or unimproved property in said city, the city council may, by resolution, declare the same to be a public nuisance~ which must be abated by their removal, otherwise such weeds will be removed and the nuisance abated by the city authorities, and the cost and expenses of such removal shall be assessed upon the lots and lands on which, or in front of which, such weeds exist. Said resolution shall be entitled "RESOLUTION TO REMOVE WEEDS". It shall be sufficient to state in said resolution that such weeds are to be removed from all public streets and sidewalks and vacant and unimproved property in said city, and no further description shall be necessary. Said resolution shall also contain a notice of the daY, hour and place'when and where any and all persons having any objections to the proposed removal of weeds may appear before the city council and show c~xuse why the work of said proposed removal of weeds should not be carried out in accord- ance with said resolution. Said time shall be not less than ten (10) nor more than thirty (30) days from the date of the passage of said resolution. - The city clerk shall cause said resolution to be published by two (2) insertions in a newspaper of general circulation, Published and circulated in said city, the first publication of which resolu- tion shall be at least five (5) days prior to the time for hearing objections by the city council, and shall cause the affidavit of publication of said resolution to be filed in his office. Section 3. Hearings. ~t the times stated in said resolution, the city council shall hear and cOnsider~l protests, or objections, if any, to the proposed removal of weeds, and may continue the hearing from time to time. Upon the conclusion of said hearing the city council may, by a motion or resolution, allow or overrule any or all objections to such removal of weeds. Thereupon, said city council shall be deemed to have acquired jurisdiction in said proceeding and the decision of said city council in the matter shall be final and ~conclusive. Section 4. Order to abate nuisance. After final action has been taken by the city council on any protests or objections, or in case no protest or objection has been received, the city council shall, by resolution, order the superintendent of streets to abate said nuisance by having the weeds referred to removed. He and his assistants, deputies, and employees are hereby expressly authorized to enter upon vacant or un- improved property for the purposes of removing such weeds. Any property owner Shall have the right to have any such weeds removed at his own expense, provided the same are removed prior to the arrival of the superintendent of streets or his representatives to do the same. Section 5. Report 9£ superintendent o__~f streets. The superintendent of streets shall keep an account of the cost and expense of abating such nuisance in front of or on each separate lot or parcel of land, where the work is done by him or his deputies, and shall render an itemized report in writing to the City Council showing the coSt ann expense of removing such weeds on and in front of each separate lot, provided that, before the aforesaid report is submitted to the city council, a copy of the same shall be posted for at least ten (lO) days prior thereto, on or near the chamber door of the city council, together with a notice of filing the same, and of the time and place where any persons interested in the work done, or in said report, will be heard by said city council. Said city clerk shall make an affidavit of such posting, which shall be filed in the office of the city clerk. Section 6. Hearing and confirmation. Any owner of property affected, and all other persons interested in said work, or in said report, feeling aggrieved by any act or determination of the superin- tendent of streets, may appear at said hearing and state the grounds of his objections. Upon such hearing, the council may remedy or correct any error or informality in the proceeding, or revise or correct any ~ act or determination of the superintendent of streets relative to the work, and may confirm, amend, alter, modify, or correct said report in such manner as to the city council shall seem just. Such decision shall be final Jand conclusive upon all persons entitled to appeal, as to all errors, informalities and irregularities which said city council might have avoided, or which it can at that time remedy. No report and no proceedings prior thereto shall be held invalid by any court for any error, informality, or any other defect in same, where the resolu- tion to remove weeds has been published, as herein provided. Section 7. Assessment lien. From the date of filing the resolution confirming said report, the several amounts assessed shall be a lien u~on' the land, lots, or portions of lots assessed, respectively, and such lien shall continue until it has been discharged of record. Section 8. Collection of Tax. The city clerk shall deliver a certified copy of said report, as confirmed, to the tax collector of said city, who shall enter the same upon the tax roll of said city. The amounts assessed, as herein-provided, shall be collected at the same time and in the same manner as general municipal taxes are collected and shall be subject to'the same penalties and interest, and to the ~ same procedure upon foreclosure and sale as in the case of deliquency, as provided for general municipal taxes. All laws for the levy, en- forcement and collection of general municipal taxes are hereby made applicable to such assessments. When the assessments herein provided for have been collected, they shall be used to reimburse the general fund of said city for the expenses incurred in removing such weeds. Section 9. Construction. This ordinance shall be liberally construed in favor of said city, to the end that its provisions shall be effective. Section 10. Constitutionality. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The city council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 11. ~hort Title. This ordinance shall be known as, and whenever cited, referred to, or amended, may be designated as the "South San Francisco Weed Abatement Ordinance". Section 12. This ordinance shall be published once in ~"'~i'~"~-~~ ~ ~ ~'~ , a weekly newspaper of~general circulation, pub- lished and circulated in said City of South San Francisco, and shall take effect and be in force upon the expiration of thirty (30) days after its adoption. Passed and adopted as an ordin~ce of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this ~ day of~/, 19~9, by the following vote: Ayes, Councilmen~/~~~ J Noes, Councilmen Absent, Councilmen Approved: Mayor of the City of South San Francisco Attest: