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HomeMy WebLinkAboutOrdinance 1590 ORDINANCE NO. 1590 AN ORDINANCE REVISING THE DRAINAGE CHANNEL MAINTENANCE ORDINANCE THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Section 8.28.020 of the Central Point Municipal Code is amended to read as follows: 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 substan- tially impeded, diverted or altered from its most efficient course. Violation of this section may be abated as hereinafter provided, and in addition thereto, 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. Section 2. Section 8.28.030 of the Central Point Municipal Code is amended to read as follows: 8.28.030 Notice - proceedings. A. Whenever a complaint is made that a condition prohibited by Section 8.28.010 exists, or if the City Administrator believes that such a condition exists, the City Administrator may cause an investigation to be made into the nature and extent of the obstruction and the fault, if any, for the creation thereof. Said investigation may include utilization of engineers or such other experts as may be necessary, and in connection therewith, the City Administrator shall keep a record of the cost thereof. If, following such investigation, the City Administrator deter- mines, in his discretion, that a condition prohibited by Section 8.28.010 exists, and has been caused or allowed by the owner or occupant of the property upon which the condition exists, he shall give notice to said owner(s) and occupant(s) of the property by causing said notice to be sent by mail to such persons at their last known address, as the same shall appear on the records of the Jackson County Assessor. The notice shall: ORDINANCE NO. 1590 - 1 (091887) (1) Be directed to all persons shown on the Assessor's records or otherwise known to the City to be owners or 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 addressees 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 subsec- tion A, within ten (10) days after service, appeal to the City Council for relief by filing a petition with the City Administrator 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, 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 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 investigative cost, removal cost and overhead cost, shall thereinafter be assessed as a lien against the property as provided for in Municipal Code Section 8.08.030. D. The abatement proceedings described herein shall not be exclusive, but are in addition to remedies available by prosecution in municipal court for any ordinance violation, by suit in equity for injunctive relief, actions for damages, or such other relief as may be available. ORDINANCE NO. 1590 _ 2 ( 091 887 ) Passed by the Council and signed by me in authentication of its passage this 22th day of September , 1987. Mayor ATTEST: City Repre ntative APPROVED by me this 22nd day of September , 1987. Mayor ORDINANCE NO. 1590 _ 3 (091887)