HomeMy WebLinkAboutOrdinance 1962ORDINANCE NO. I Q JaQ
AN ORDINANCE AMENDING CHAPTER 8.28 OF
THE CENTRAL POINT MUNICIPAL CODE TO PROVIDE FOR A MORE EFFICIENT
AND TIMELY DRAINAGE CHANNEL MAINTENANCE AND OBSTRUCTION
ABATEMENT
Recitals:
A. The existing drainage channel maintenance and abatement provisions of the
municipal code are cumbersome and lengthy.
B. Drainage channel maintenance is important to prevent increased flood
hazards in our community from obstructed drainage channels, to protect beneficial uses
of state waters, and to provide an efficient and effective process necessary to reduce
flood hazards.
C. Changes to the proposed ordinance considered by the council at its meeting
on June 14, 2012, are indicated by fininQ-threa Words to be deleted from the
proposed ordinance and bolding words to be added. The city charter requires that any
"substantive amendment to a proposed ordinance must be read aloud or made
available to the public at the meeting before the council adopts the ordinance."
Changes to the proposed ordinance are indicated in Section 8.28.040.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Chapter 8.28 of the Central Point Municipal Code is amended to read:
Chapter 8.28
DRAINAGE CHANNEL MAINTENANCE
Sections:
8.28.010 Purpose.
8.28.020 Nuisance described — Offense punishable.
8.28.030 Notice --Proceedings.
8.28.040 Assessment of costs.
8.28.010 Purpose.
The purpose of this chapter is to prevent obstructions or accumulations of debris within
Central Point drainage channels to reduce the adverse impacts of flooding on
developed areas; to maximize the efficient conveyance of water through the City's
drainage system; and to conserve, protect and enhance the natural and beneficial uses
of waterways within the city limits to the maximum extent practicable
8.28.020 Nuisance described — Offense punishable.
A. It is unlawful and a public nuisance for any owner or occupant of real property to
cause or allow natural or manmade drainage channels to be obstructed by the
accumulation of debris or growth of vegetation in a manner that substantially impedes,
diverts or alters water flow from its most efficient course.
B. It is unlawful and a public nuisance for any owner or occupant of real property in
Central Point to reduce the capacity of or obstruct natural or manmade drainage
channels through the intentional or unintentional disposal of grass clippings, brush, fill
trash or other debris; and by allowing excessive non-native vegetation growth. (Ord.
1590 §1, 1987; Ord. 1557 §1 (part), 1985).
C. Violation of this section may be abated as provided in this chapter and in addition
shall be punishable as an ordinance violation under the general penalty ordinance of
the city as set forth in Chapter 1.16 of this code.
8.28.030 Notice --Proceedings
A. Whenever a condition prohibited by Section 8.28.0120 is found to exists, 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 person as are sought to be charged 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 and sent in care of the person appearing as owner on the records
of the county assessor of Jackson County. The notice shall:
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 include the name, if any, of the subject drainage;
4. Shall notify the addressees to remove the unlawful growth, blockage and/or debris
from the drainage within fifteen days from the date of mailing; and
5. Shall instruct them to comply therewith within fifteen days from the date of the
mailing.
The notice shall further inform the owners and occupants that, if the condition is not
corrected within that period of time, the owners and occupants may be prosecuted for
violation. The mailed notice shall further state that unless the unlawful obstruction or
debris accumulation is removed within fifteen days after the date of the mailed notice,
the city may cause the obstruction or debris accumulation to be removed from the
premises and will charge the costs to the owners and occupants and make the same a
lien against the property.
B. Any owner or occupant may, within ten days after service, appeal to the city manager
for relief by filing a petition with the city recorder seeking hearing before the city
manager. The petition shall include the facts upon which the petitioner relies for relief
from the obligations of this chapter in relation to the property. If the city manager finds
that it would work a real and unnecessary hardship upon the petitioner to comply with
the terms of this chapter, it 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 or hazard to public safety without charging the
cost as a lien against the property.
C. If the condition is not corrected within the time limit and no relief has been granted,
the city may abate the condition by removing the vegetation, blockage and/or debris
from the drainage to such an extent as necessary to remove the potential hazard and
ensure the most efficient natural flow of water, with such extent to be determined by the
city manager or designee . A formula for abatement fees shall be established by
resolution and reviewed annually by the council. The abatement fees, as calculated
from the formula, shall thereafter be assessed as a lien against the property as
provided in Section 8.28.040.
D. The above remedy shall not be exclusive and, in addition to proceeding by
abatement, the city 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 injunction or such other relief
as may be afforded by a court of equity. (Ord. 1590 §2, 1987; Ord. 1557 §1 (part),
1985).
8.28.040 Assessment of costs.
After the city has abated an unlawful growth of vegetation or accumulation of debris or
deposit by removal thereof, the city recorder shall 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 8.28.030(C);
B. A statement that the cost constitutes a lien against the property, payable within thirty
days;
C. A statement that the owner or occupant may file a written notice of objection with the
city manager within ten days from the date of mailing the notice. Upon expiration of ten
days after the date of mailing the notice, objections to the proposed assessment shall
be heard and determined by the city manager council within 30 days of filing of the
written notice. An assessment for the total cost of cutting or removal shall be
determined by the city manager 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 blockage, growth and/or debris was removed. The
liens shall bear interest at the rate of ten 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
local 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. 1557 §1 (part), 1985).
PaLS�s�d by the City Council and signed by me in authentication of its passage this
�� day of -� o ,,,e_ 2012.
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Mayor Hank Williams