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HomeMy WebLinkAboutOrd 405-1956[I~un. File No. 509] ORDINANCE NO. 405 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO DECLARING ALL DILAPIDATED STRUCTURES AND ACCUMULATIONS OF RUBBISH, REFUSE, AND TRASH TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF The City Council of the City of South San Francisco does ordain as follows: Section 1. Every building, shed, outhouse, signboard, fence, or other structure whatsoever situate in the City of South San Francisco wh~h has, or shall hereafter, become so dilapidated through age, neglect, misuse, decay, act of God, accident, or other cause as to be dangerous to human life and welfare or detrimental to the well- being of its occupants due to lack of maintenance or repair, generally, or because of improper sanitary facilities, or which now or hereafter constitutes a fire hazard, a likely resort for vagrant or dissolute persons, or a breeding place for rodents and other pests, or which now is, or hereafter becomes, offensive to the senses, is hereby declared to be a public nuisance and as such should be abated. There shall be included within such definition every building which is used for human habitation and in which the exterior walls, doors, windows, floors, or roofs are, or become, so deteriorated, broken, or damaged as not to afford proper or .adequate shelter and protection from the weather, or in which the foundations or supporting walls are, or become, deteriorated or damaged to the extent that said walls list or lean. Section 2. All rubbish, trash, and other refuse existing upon any property within the confines of the City of South San Francisco, whether said property be occupied or vacant, improved or un- improved, which rubbish, trash, or other refuse is dangerous or detrimental to human life, health or general welfare, or constitutes a fire menace or a breeding place for rodents and other pests, or is offensive to the senses of sight or smell, is hereby declared to be a public nuisance, and as such should be abated. Section 3. For the purposes of this ordinance, the terms "rubbish", "trash", and "re~use" shall include all the following: All combustible and non-combustible waste and refuse matter, and all matter and materials which by their presence or accumulation upon property may injuriously or adversely affect the health, comfort, safety, or well- being of the community by reason o~ their being a health hazard, a fire menace, or offensive to the senses. Among other things, such terms shall include: old lumber and wood, wooden objects, and pieces and scraps of wood of all kinds; old metal and metallic objects, such as, automobiles, other machinery, and parts thereof, barrels, drums, cans, and pieces and scraps of metal of all kinds; garbage o£ all kinds; old newspapers, magazines, and pieces and scraps of paper o~ all kinds; and tree trimmings, grass cuttings, dead plants, weeds, and leaves. Section 4. (1) It shall be unlawful for any person to allow, permit, or maintain any property in a manner or condition as set out in Sections 1 and R of this ordinance. In every case where it shall come to the attention of the Building Inspector that there exists a dilapidated building or an accumulation of rubbish, trash, or refuse upon property within the confines of the city, it shall be the duty of said Building Inspector to give notice in the manner hereinafter specified directing the owner thereof to appear before the City Council at a stated time to show cause why such property shall not be condemned as a public nuisance and why such nuisance should not be abated in the manner hereinafter provided. The notice shall be written in form, shall be captioned "NOTICE TO ABATE NUISANCE" in letters not less than three-quarters (3/4) of an inch in height, and shall read substantially as follows: (a) In the case of a dilapidated building or other structure: "NOTICE TOABATE NUISANCE "The owner$of the property situated at in the City of ~outh ~an Francisco, upon which there exists a dilapidated building or other structure, is hereby notified to appear before the City Council at its meeting to be held on the day of 19 at the Council Chambers in the City Hall, Grand Avenue, in the City of South San Francisco, at the hour of o'clock p.m., or as soon thereafter as he ~ay be heard, and show cause, if any he has, why said dilapidated building or other structure shall not be condemned as a public nuisance, and said nuisance be abated by the reconstruction or proper repairing of said building or structure or by the razing or removing of the sa~e. "The conditions of said building or structure which constitute it to be a public nuisance are as follows: "Dated at South San Francisco, California, this day of 19 ,, Building Inspector of ~he City of South San Francisco" (b) In the case of an accumulation of rubbish, trash, or refuse: "NOTICE TO ABATE NUISANCE "The owner of the property situated at in the City of South ~an Francisco, upon which there is an accumulation of rubbish, trash, and refuse, is hereby notified to appear before the City Council at its meeting to be held on the day of 19 at the Council Chambers in the City Hall, Grand Avenue, in the City of South San Francisco, at the hour of o'clock p.m., or as soon thereafter as he may be heard, and show cause, if any he has, why said accumulation of rubbish, trash, or refuse shall not be condemned as a public nuisance, and said nuisance be abated by the removal of said rubbish, trash, or refuse. "The conditions with respect to the accumulation of rubbish, trash, or refuse constituting said public nuisance are as follows: * - The term "owner" shall apply to, and include, a firm, corporation, or one or more individual persons owning any parcel or parcels of real property which are, or may hereafter be, a£~ected in any way by any of the terms or provisions o~ this ordinance. 3. "Dated at South San Francisco, California, this day of 19 . Building Inspector of the City of South San Francisco" (2) The Building Inspector shall post, or cause to be posted, in a conspicuous place on the property sought to be condemned or upon which there exists an accumulation of rubbish, trash, or refuse constituting a public nuisance, at least one copy of said notice. In addition, he shall forward, or cause to be forwarded, to the person named as the owner of such property in the latest records of the City Assessor a copy of said notice which shall be enclosed in an envelope bearing the address of said owner as the same appears on the tax rolls of the city, and which shall be dispatched by way of certi- fied mail, with postage prepaid and return receipt requested. If such address shall be unknown to the Building Inspector and there shall be no record thereof in the books of the City Assessor, that fact shall be set forth in a written statement, which shall then be signed by the Building Inspector and filed with the City Clerk, and any further attempt to mail a copy of the notice to the property owner shall be dispensed with. The posting and mailing, as herein specified, shall be completed at least ten (10) days before the time fixed for the hearing before the City Council. The omission to mail a copy of the notice to the owner or the failure of the latter to receive the same shall not affect in any manner the validity of any proceedings taken hereunder. (3) Upon the giving of notice as aforesaid, the Building Inspector shall file an affidavit with the City Clerk of said city certifying to the time and the manner in which notice was given. In addition, he shall file with such affidavit any receipt card which may have been returned to him evidencing the affected property owner's receipt of the mailed notice. Section 5. The City Council shall, at the scheduled time and as specified in the aforesaid notice, proceed to hear the testimony of the Building Inspector, other officers and employees of said city, and other qualified witnesses, and also the testimony of the owner of the affected property, or his representatives, and any other competent persons who may be present and desire to testify respecting the condition of the affected premises, the estimated cost of abating the nuisance~ and any other matter which said legislative b~dy may deem pertinent. The City Council may continue the hearing from time to time, as it shall deem advisable. Upon the conclusion of said hearing, the City Council shall, by written resolution, declare its findings and its determination and conclusion with respect to the alleged public nuisance. Failure of the owner to appear at, or to be represented at, said hearing shall nowise affect the validity thereof. Section 6. In the event that said City Council shall conclude that a nuisance exists, it shall, by a proper provision in the resolution to be adopted as required by the preceding section, instruct the Building Inspector to post, or cause to be posted, upon the affected premises, within ten (10) days after the adoption of said resolution, a notice specifying the action taken by the City Council, which notice shall, by its terms, direct the owner to abate said nuisance within thirty (30) days thereafter. In addition to the posting of notice, as in the preceding sentence specified, the Building Inspector shall forward, or cause to be ~orwarded by mail, to the owner of said premises within the aforesaid ten (lO)-day period, a copy thereof, which shall be addressed and dispatched in the same manner as · set forth in Section 4 (2) of this ordinance (subject~ of course~ to the same qualifications there specified)° Coincidentally with the giving of such notice of abatement~ the owner shall be notified that if the nuisance complained of is not abated within the allotted time~ the city shall undertake the abatement thereof and that all costs and expenses involved shall become a personal obligation of the owner and~ in addition~ shall be made a lien upon the affected real property. Upon good cause being shown~ the City Council may extend the time within which the abatement of the nuisance must be accomplished° Section 7. In the case of a dilapidated building or other structure~ whether or not th~ same may be reconstructed or repaired so as to abate or eliminate the nuisance shall be determined by applicable provisions of the Building Code of the City of South San Francisco and other pertinent laws and ordinances. I~ work o~ reconstruction or repair shall be prohibited by such Building Code or other applicable laws or ordinances~ then the dilapidated building or structure must be razed or removed within the spec£fied time. Section 80 Any property owner or other person directly affected by any action taken by the City Council in ordering the abatement of a nuisance~ pursuant to the terms and provisions of this ordinance~ and who may have objections to such action or feel aggrieved thereby~ may appeal by proper proceeding to a court having competent jurisdiction in the matter~ provided that the appeal is taken within thirty (30) days after the date o~ posting on the affected premises a notice of the City Counc±lts action~ as provided for in Section 6 hereof. ~ailure to so appeal within such thirty (30)-day period shall be deemed to constitute a waiver of any and all objections to all the proceedings conducted by tM City~ including the City Councilts adoption of its resolution determining the existence of the nuisance and ordering its abatement. Section 9. In the event that the public nuisance found by the City Council to exist shall not be abated within the time prescribed, then the Building Inspector shall be deemed to have acquired jurisdiction to abate the same, or to have it abated under his direction and supervision, with all the cost and expense thereof being charged to the owner of the affected premises and being made a lien thereon. Section 10. In the event that the Building Inspector shall be required to abate a public nuisance pursuant to the terms hereof, and there shall be involved materials or equipment having a monetary value, then the Building Inspector shall sell the same at public sale to the highest responsible b//ier, after not less than five (5) days' advance notice of the intended sale shall have been given by at least one publication in a newspaper of general circulation published in the City of South San Francisco, which publication shall be made either before or after the abatement of the nuisance, as the Building Inspector in the exercise of his sound discretion shall determine. The Building Inspector shall keep an itemized account of the expense involved in abating the public nuisance and shall deduct therefrom any and all amounts received from the sale of materials. Thereafter, the Building Inspector shall cause to be posted conspicuously on the affected real property a verified statement showing the costs and net expense of the abatement~of the nuisance, together with a notice of the time and place of a hearing before the City Council, at which the property owner or other interested or affected persons may be heard prior to approval and confirmation of said statement. In addition, a copy of said statement and notice shall be mailed to the property owner in the same manner prescribed in Section 4 (2) hereof. At least five (5) days shall intervene between the date of posting and mailing and the date of hearing. In advance of the hearing an affidavit attesting to the posting and mailing shall be filed in the 0 office of the City Clerk by the Building Inspector. Section ll. At the time fixed for the hearing with respect to the Building Inspectorts verified statement of expense~ the City Council shall consider said statement of expense~ together with any and all objection~ or protests which may be voiced by the property owner and other interested or affected persons. Thereupon the City Council shall~ by written resolutio~ modi£y~ amend~ or confirm said statement. The City Council may adjourn the hearing from time to time~ and its decision concerning the statement or with respect to any and all protests and objections shall be conclusive. Section 12. Should the expense of abating the public nuisance exceed the proceeds received from the sale of any materials~ the matter of the net expense~ if not paid to the City Clerk within five (5) days from and after the action of the City Council in finalizing the statement~ shall comprise a personal obligation of the owner of the real property upon which the nuisance existed andt in addition~ shall constitute a lien upon such real property~ which lien shall continue until the amount thereof shall have been paid in full~ together with interest thereon computed at the rate of six percent (6%) per annum from the date of confirmation of the statement until said amount shall be paid~ or until it is discharged of record. The amount of such lien shall be added to the next succeeding tax bill issued against the affected real property and shall be collectible at the same time and in the same manner as general municipal real property taxes are collected and~ in addition~ shall be subject to the same penalties and proceedings in the event of delinquency. Further~ the City Council may cause to be filed in the office of the Recorder of the County of San Mateo a certificate in substantially the following form: "NOTICE OF LIEN "Pursuant to the authority deriving by the provisions of Ordinance No. of the City of South San Francisco, County of San Mateo, State of California, said City of South San Francisco did, on the day of 19 , cause a nuisance to be abated on the real property hereina~-~r described and did, on the day of 19 , by action duly recorded in its official minutes of said dat~, assess the net cost of such abatement (the total expense thereof less any~and all amounts received from the sale, or sales, of materials and equipment situated upon said real property hereinafter described). Of said net cost there remains unpaid to the City of South San Francisco the sum of Dollars ($ ), and therefore said City of South San Francisco does hereby claim a lien upon said real property in the amount of said unpaid balance, namely, in the amount of Dollars ($ ), together with interest calculated thereon at the rate of six percent (6%) per annum from said day of 19 until said amount has been paid in iull and this lien disc-~rged of record. "The real property hereinbefore mentioned and upon which a lien is hereby claimed is all that certain parcel or parcels of real property situate in the City of South San Francisco, County of San Mateo, State of California, and particularly described as follows, to-wit: "Dated this day o~ 19 "CITY OF SOUTH SAN FRANCISCO "By ~/ayor of the City of South San Francisco "ATTEST: City Clerk" From and after the date of the recording of the Notice of Lien in the Office of the Recorder o~ the County of San Mateo, as in th~ section provided, all persons shall be deemed to have full notice thereof, and no Statute of Limitations shall run against the right of the City o~ South San Francisco to enforce the full payment of said lien. Section 13. In the event that the amount received from the sale o£ materials exceeds the expense of abating the nuisance, then such excess shall be deposited with the Treasurer of the City of South San Francisco and shall be credited to the owner of said property or to such other person legally entitled thereto, and such excess shall be payable to said owner or other person upon demand being made and upon producing evidence satisfactory to said Treasurer showing owner- ship or other right. Section 14. Every person, firm~ or corporation, who or which shall suffer a public nuisance as in th±s ordinance defined to remain or exis~ upon any real property owned or controlled by him or it for a period of thirty (30) days following the receipt of notice, as hereinbefore provided for, shall be guilty of a misdemeanor and shall, upon conviction thereof~ be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period of not less than thirty (30) days, nor more than six (6) months, or by both such fine and imprisonment. In the case of a continuing violation, the one who permits a public nuisance to ~remain or exist contrary to the terms of this ordinance shall be guilty of a new and separate violation hereof for each and every calendar day that such nuisance shall continue in existence beyond the aforesaid thirty (30)-day period. No sentence imposed, hereunder shall be suspended. Section 15. Nothing whatsoever contained in t'hls ordinance shall prevent or inhibit the City Council of the City of South San Francisco from invoking appl±cable provisions of the Penal Code of the State of California or the provisions of Section 731 of the Code of Civil Procedure of said State, or the provisions of any other Federal or State law appertaining to the abatement of public nuisances or providing for punishment for the maintaining or causing thereof. Section 16. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of 10. competent jurisdiction to be unconstitutional or otherwise invalid, 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 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 17. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 15. This ordinance shall be published once as required by law and shall take effect and be in force following the expiration of thirty (30) days from and after the date of its adoption. Introduced this 15th day of October 1956. Passed and adopted as an ordinance of the City South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 5th day of November 1956, by the following vote: AYES, OOUNCIL~EN G.J. Rozzi, Andrew Rocca, Emilio Cortesi, Francis Lucchio and Leo J.Ryan NOES, " none ABSENT, " none ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 5t~.~ DAY OF November Nayor