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HomeMy WebLinkAboutOrdinance 1557.~; ~: :ORDINANCE N0. 1 557 ' AN ORDINANCE ADOPTING A PROCEDURE FOR DRAINAGE _ CHANNEL MAINTENANCE, DEFINING A NUISANCE AND ' NUISANCE ABATEMENT PROCEDURES AND ESTABLISHING AN ORDINANCE VIOLATION WITH PENALTIES THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN, AS FOLLOWS: Section 1. There is hereby added to the Municipal Code of the City of Central Point Chapter 8.28 which is to read as follows: CHAPTER 8.28 DRAINAGE CHANNEL MAINTENANCE 8.28.010 Drainage channel obstruction - nuisance. The causation or allowance by any owner or occupant of real property within the City of the growth of vegetation or the presence of a blockage or accumu- lation of debris within any natural or man made drainage channel within the City, to the point that the natural flow of water within that drainage is impeded, diverted or otherwise altered from its most. efficient course is hereby declared to be a nuisance and dangerous to the public health, welfare and safety of the City and its occupants. 8.28.020 Drainage channel obstruction - unlawful. It is unlawful for any person, persons, firm or corporation, or any agent for such .person, persons, firm or corporation, or any employee thereof, to cause or allow the growth of vegetation or the presence of a blockage or accumulation of debris within any natural or man made drainage channel within the City to the point that the natural flow of water within that drainage is impeded, diverted, or otherwise altered from its most efficient course. Violation of this section shall be punishable as provided under the general penalty ordinance of the City as set forth in Central Point Municipal Code Section 1.16.010. 8.28.030 Notice - proceedings. A. Whenever a condition prohibited by Section 8.28.010 is found to exist, the officer designated by the City Administrator shall 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 hereunder, 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 shall: Ordinance No. 1 557 - 1 .r, (1) 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) Refer to the premises involved with convenient certainty, the street address, if any, being sufficient; (3) Include the name, if any, of the subject drainage; (4) Shall notify the addresses to remove the unlawful growth, blockage and/or debris from the drainage within a period of fifteen (15) days from the date of mailing. The notice shall further inform the owners and occupants that, if the condition is not corrected within said period of time, the City may cause the unlawful blockage of growth and/or debris to be removed from the premises and will assess the costs thereof against the subject property and make the same a lien against said property. Said notice shall further inform said owners and occupants that said condition is a violation of City ordinance and is subject to the general penalty ordinance of the City. B. Any owner or occupant may, at any time before he becomes in violation, or, if notice has been served on him under subsection A, within ten (10) days after service, appeal to the City Council for relief by filing a petition with the City Administrator seeking hearing bef-ore the Council. The petition shall include the facts upon which the petitioner relies to relieve himself from the obligations of this chapter in relation to the property. If the Council 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 obliga- tions of the chapter in relation to ttie 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 said property. C. If the condition is not corrected within the time limit and no relief has been granted, such agent of the City as may be designated by the City Administrator 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 Administrator or his designated advisor. The City Administrator shall maintain an accurate record of the expenses incurred by the City in removing the unlawful vegetation, blockage and/or debris and shall include therein an overhead charge for the cost of administration. The total cost, including said overhead, shall thereinafter be assessed as a lien against the property as hereinafter provided. D. The above remedy shall not be exclusive and, in addition to proceeding by abatement hereunder, the City .Administrator may proceed against the responsible owner or occupant in the Municipal Court of the City 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 affored by a court of equity. Ordinance No. 1 557 - 2 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 and arrived at the total cost as prescribed in this chapter, the City Administrator shall mail a notice of assessment to the owner and occupant of the property from which the City has abated the nuisance or hazard to public safety. 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 B. A statement that the cost constitutes a lien against the property, payable within thirty (30) days; C. A statement that if the owner or occupant objects to the costs, as stated, he may file a written notice of objection with the City Administrator within ten (10) days from the date of mailing the notice. Upon expiration of ten (10) days after the date of mailing the notice, objections to the proposed assessment shall be heard and determined by the City Council at its next regular meeting. An assessment for the total cost of cutting or removal shall be determined by the City Council and made by resolution and shall there- upon 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 percent (107) 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. Passed by the Council and signed by me in authentication of its passage this 17th day of October 1985. TEST: City Representati Approved by me this 2 2nd day of Mayor October 1985. Mayor Ordinance No. 1 557 - 3