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HomeMy WebLinkAboutOrdinance 1420ORDINANCE NO. 1420 AN ORDINANCE AMENDING THE WEED ABATEMENT ORDINANCE THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWSt Section 1. Section 8.08.010 of the Central Point. Municipal Code is hereby amended to read as follows: 8.08.010 Nuisance described - offense punishable. A. It is unlawful and a public nuisance for any owner or occupant of real property in Central Point to allow grass, weeds, brush or bushes or any like vegetation over a height of ten inches to remain upon such real property during the period between May 15th and October 15th of any calendar year; provided that this shall not apply to ornamental shrubs, bushes or other like vegetation maintained and kept in a landscaped yard or place, or any crop grown and maintained for agricultural pur- poses or grass or other like vegetation grown and maintained for pasturage upon property fenced, zoned and otherwise lawfully used for said purpose. B. Each day during which such a condition is unlaw- fully permitted to exist after notice has been given in the manner prescribed by this chapter is a separate offense punishable in the manner prescribed. by this chapter; provided that the con- dition shall be deemed a nuisance and, in addition to the fore- going remedy, may be abated by the City in the manner hereinafter prescribed, and the cost of abatement assessed as a lien against the property, and subject to foreclosure in the same manner and to the same effect as in the case of special benefit assessment liens. Section 2. Section 8.08.020 of the Central Point Municipal Code is hereby amended to read as follows 8.08.020 Notice - Proceedings. A. On or about April 20th of each year, the city administrator shall cause to be published in a newspaper of general circulation within the City a public notice that conditions described in Section 8.08.010 constitute a public nuisance and directing that all growth which would constitute such a nuisance be cut or removed within fifteen days from the date of publication of the notice. B. Whenever a condition prohibited by Section 8.08.010 is found to exist, the officer designated by the city administra- tor 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 hereunder, at their last known address, or if the mailing address of any owner or occupant is not known to Page 1 - Ordinance No. 1420 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 con- venient 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. 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. If public notice has been published pursuant to subsection A, the mailed notice shall further state that unless the unlawful growth is removed within fifteen days after the publication of said notice or fifteen days: after the date of the mailed notice, which- ever is later, 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. C. Any owner or occupant may, at any time before he becomes in violation, or, if notice has been served on him under subsection B, within ten days after service., appeal to the City Council for relief by filing a petition with the City Recorder seeking hearing before 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, then 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 without charging the cost as a lien against the said property. D. If the condition is not corrected within the time limited and no relief has been granted, such agent of the City as may be designated by the City Administrator may abate the nuisance by removing the grass, weeds, brush, bushes. or like vegetation from the property, or so much thereof as the City Administrator may determine to be necessary to remove the hazard to abutting property. The City Administrator shall maintain an accurate record of the expenses incurred by the City in removing the unlawful growth and shall include therein an overhead charge for the cost of administration.. The total cost, including said overhead, shall thereafter be assessed as a lien against the property as hereinafter provided. E. The above remedy shall not be exclusive and, in addition to proceeding by abatement hereunder, the City Admini- Page 2 - Ordinance No. 1420 strator 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. Passed by the Council and signed by me in authentication of its passage this 26th day of February 1981° ~` i y P~tayor ATTEST: -- , .,! r ,, ~' G' ty ,,. ecorder ~~ .~-- " Approved by me this ,~ day of ~ .-~_--~-~- 1981 e / ~ ~~' Mayor r! Page 3 - Ordinance Noe 1420 WGC:g