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HomeMy WebLinkAboutOrdinance 1952ORDINANCE NO. `► AN ORDINANCE AMENDING SECTIONS 8.08.020 AND 8.08.030 OF THE CENTRAL POINT MUNICIPAL CODE REGARDING WEED ABATEMENT AND DECLARING AN EMERGENCY Recitals: If A. The existing weed abatement provisions of the municipal code are cumbersome and lengthy. B. Weed abatement is important to prevent potential fire hazards in our community and an efficient and effective process is necessary to reduce fire danger. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Section 8.08.020 of the Central Point Municipal Code is amended to read: 8.08.020 Notice - Proceedings. 9A. Whenever a condition prohibited by Section 8.08.010 is found to exist, the code enforcement officer may give notice to the owners and occupants of the property by causing the same to be sent by mail to such persons as are sought to be charged hefeunder-, at their last known address, or if the mailing address of any owner or occupant is not known to the city, it shall be sufficient for the purpose of charging such person that the notice be addressed to him and sent in care of the person appearing as owner on the records of the county assessor of Jackson County. The notice: 1. Shall be directed to all persons shown on the assessor's records or otherwise known to the city to be owners and occupants, whether corporate or otherwise; 2. Shall refer to the premises involved with convenient certainty, the street address, if any, being sufficient; 3. Shall notify the addressees to remove the unlawful growth within fifteen days from the date of mailing; and 4. Shall instruct them to comply therewith within fifteen days from the date of mailing. Ordinance No. q (060911) The notice shall further inform the owners and occupants that, if the condition is not corrected within the said period of time, the owners and occupants may be prosecuted for violation. The mailed notice shall further state that unless the unlawful growth is removed within fifteen days after the date of the mailed notice, ..,,.iehever- is Wer -,,the city may cause the unlawful growth to be cut or removed from the premises and will charge the costs thereof to the owners and occupants and make the same a lien against the property. E B. Any owner or occupant may, , been sen,edhiffi adef s4seetio , B, within ten days after service of the notice described above in subsection A, appeal to the city eetineil manager for relief by filing a petition with the eity roeer-aor- seeking l,o,,.ing i efer the eeumeil manager. The petition shall include the facts upon which the petitioner relies to --elie e hiff sel for relief from the obligations of this chapter in relation to the property. Ifen city manager finds that it would work a real and unnecessary hardship upon the petitioner to comply with the terms of this chapter, then the city manager may relieve the petitioner of the obligations of the chapter in relation to the particular property, but nothing therein shall be construed as obligating the city to remove or abate the nuisance without charging the cost as a lien against the said property. D -C. If the condition is not corrected within the time limited limit and no relief has been granted, stmt-ef-the city may abuts cause the nuisance to be abated by removing the grass, weeds, brush, bushes or like vegetation from the property, or so much thereof as the city adnt}fristfater manager may determine to be necessary to remove the hazard to abutting property. The, sit .,.1.,-,;..;.,f.-. er- shall ... ain ., aeeur-ate a -.] „f the expe ,,o,4b the e45-iff of ,,,1.,. iaistf:atie Abatement fees shall be established, by resolution and reviewed annually. The total cost, including said overhead, shall thereafter be assessed as a lien against the property as mer provided in Section 8.08.030. -E D. The above remedy shall not be exclusive and, in addition to proceeding by abatement , the city adffiinistfater may proceed against the responsible owner or occupant in city court in the manner prescribed by law, or, if the condition is permanent, substantial or continuing, may proceed by suit in equity for mandatory in injunction or such other relief as may be afforded by a court of equity. (Ord. 1420 §2, 1981; Ord. 1071 §21- 1972). Section 2. Section 8.08.030 of the Central Point Municipal Code is amended to read: 8.08.030 Assessment of costs. After the city has abated an unlawful growth by removal thereof and arrived at the total cost as prescribed in this-ehapte by resolution, the city r-eeefdershall mail a notice of assessment to the owner and occupant of the property from which the city has abated the nuisance. The notice shall be addressed to the owners and occupants at the address shown in the office of the county assessor for said property and, if different, to the street address, if any, of the property. The notice shall contain: A. A statement of the total cost, as defined in Section 8.08.020 DC; B. A statement that the cost constitutes a lien against the property, payable within thirty days; C. A statement that if the owner or occupant objects to the cost, as stated, he may file a written notice of objection with the city recorder within ten days from the date of mailing the notice. Upon the expiration of ten days after the date of mailing the notice, objections to the proposed assessment shall be heard and determined by the city council within 30 days of the filing of the written notice. An assessment for the total cost of cutting or removal shall be determined by the city council and made by resolution and shall thereupon be entered in the docket of city liens and then shall constitute a lien against the property from which the unlawful growth was removed. The liens shall bear interest at the rate of seven percent per year from the date of entry in the lien docket and shall be enforced in the same manner as in the case of liens for street improvements. An error in the name of the owner or occupant shall not void the lien nor will a failure to receive notice of the assessment render it void, but it shall nevertheless remain a valid lien against the property. (Ord. 1071 §3, 1972). Section 3. Declaration of emergency. The council finding that it is necessary for the public peace, health, safety and general welfare, to timely and effectively prevent potential fire hazards in our community, declares an emergency and this ordinance shall become effective immediately upon its passage by the Council and approval by the Mayor. IV 1'a sed by the Council and signed by me in authentication of its passage this day of 2011. / Mayor Hank Williams ATTEST: City Recorder Ordinance No. (060911)