Ordinance No. 926
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ORDINANCE NO. 926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON REPEALING ARTICLES I AND II OF
CHAPTER 12, SECTIONS 12.l THROUGH 12.12 OF
THE CODE OF THE CITY OF VERNON, CALIFORNIA
1959 AND ADDING NEW ARTICLES I AND II TO
CHAPTER 12, SECTIONS 12.l THROUGH 12.18 TO
SAID CODE REGARDING WEED AND RUBBISH ABATEMENT
AND REPEALING ALL ORDINANCES AN~ PARTS OF
ORDINANCES IN CONFLICT THEREWITH
WHEREAS, Chapter 12, Articles I and II of the Code of
the City of Vernon, California 1959 provides for procedures in
reference to weed and rubbish abatement in accordance with
Ordinance Nos. 723 and 159 adopted by the City Council of the
City of Vernon on November 19, 1958 and November 21, 1916,
respectively; and
WHEREAS, the City Council of the City of Vernon finds
it necessary to repeal Articles I and II of Chapter 12, Sections
12.1 through 12.12 of the Code of the City of Vernon, California
1959 and to add new Articles I and II to Chapter 12, Sections
12.1 through 12.18 to said Code to provide for new procedures in
reference to weed and rubbish abatement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
22 hereby repeals Articles I and II of Chapter 12, Sections 12.1
23 through 12.12 of the Code of the City of Vernon, California 1959.
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SECTION 2: That the City Council of the City of Vernon
25 hereby adds new Articles I and II to Chapter 12, Sections 12.1
26 through 12.18 to the Code of the City of Vernon, California 1959
27 to read as follows:
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1 ARTICLE I. IN GENERAL
2 Sec. 12.1. Definitions.
3 For the purposes of Articles I and II, the following
4 definitions shall apply:
5 "Building", unless it is apparent from the context that
6 another meaning is intended, shall include the word "Structure"
7 and the words "Building" and "Structure" shall mean any
8 construction, the arrangement of which may affect the health,
9 safety, or general welfare of man.
10 "Combustible Rubbish" includes paper, rags, packing
11 materials, cartons, boxes, sawdust, wood shavings, scrap lumber,
12 scrap trimmings, and other waste materials of combustible nature.
13 "Dirt" includes any artificial accumulation of earth of
14 a size, shape, or composition to constitute a hazard to public's
15 health or safety.
16 "Garbage" includes all waste animal and vegetable
17 matter resulting from the preparation, consumption, storing,
18 processing, manufacturing or distribution of food, animal feed,
19 or other animal or vegetable matter.
20 "Noncombustible Rubbish" includes broken crockery,
21 glass, ashes, cinders, bottles, tin cans, wire and other
22 discarded objects of metal and glass, and other waste materials
23 of a noncombustible nature.
24 "Place" includes land, place, building, structure or
25 premises.
26 "Possess" includes control, own, lease, occupy, possess,
27 or have charge over.
28 "Public Street" includes any public street, way, place,
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1 alley, sidewalk, part, square, plaza or any other similar public
2 property owned or controlled by the City or dedicated to the
3 public for street purposes.
4 "Rodent Harborage" shall mean any condition which
5 provides shelter or protection for rodents, thus favoring their
6 multiplication and continued existence.
7 "Rodents" includes rats, mice, and other rodents which
8 may serve as hosts of diseases communicable to man, or which, by
9 their filthy characteristics, are offensive to man.
10 "Weeds" includes weeds which bear seeds of a
11 downey or wingy nature, any brush or weeds which attain such
12 large growth as to become when dry a fire menace to adjacent
13 improved property, weeds which are otherwise noxious or
14 dangerous, and dry grass, rubble, brush, litter or other
15 flammable material which endangers the public safety by creating
16 a fire hazard.
17 Sec. 12.2. Garbage and Rubbish Containers.
18 Garbage containers: Every person occupying or having
19 charge or control of any premises in the City, in or on which any
20 garbage mayor does accumulate or exist, shall place and keep
21 all such garbage upon such premises in a metal container, which
22 shall have a tight-fitting metal cover. Such metal cover shall
23 be kept upon each of such containers at all times while any
24 garbage is therein. Such containers shall be kept in a sanitary
25 condition at all times.
26 Rubbish containers: All noncombustible rubbish, which
27 mayor does accumulate on any premises in the City, shall be
28 placed and kept in boxes, barrels, metal containers or other
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1 suitable receptacles which confine rubbish. All combustible
2 rubbish shall be kept in metal containers or containers
3 constructed of a noncombustible material. All rubbish which
4 contains any amount of garbage or waste food material, and which
5 may attract flies, rodents, and other vermin, shall be kept in a
6 metal container, which shall not be placed, stored, or scattered
7 in such a manner as to cause an insanitary condition or provide
8 harborage or breeding places for rodents, flies, or other vermin.
9 Sec. 12.3. Unlawful Disposition of Garbage and Rubbish.
10 No person shall throw, place, scatter, allow to
11 accumulate or bury any garbage, combustible rubbish, non-
12 combustible rubbish, or dirt, upon or below the surface of any
13 premises, public street, public place or catch basins in the
14 City or on the premises of another.
15 Sec. 12.4. Frequency of Collection.
16 Garbage and rubbish shall be collected as often as is
17 necessary to prevent the occurrence of an insanitary condition,
18 but at least once each calendar week.
19 ARTICLE II. WEED AND RUBBISH ABATEMENT
20 Sec. 12.5. Public Nuisance --- Duty of Owner.
21 All weeds, rubbish, garbage and dirt, of any kind, as
22 defined in Chapter 12, Article 1, Section 12.1 of the Vernon
23 Municipal Code, on private property or in the area between the
24 property line and the curb1ine in the City, shal1 constitute a
25 public nuisance.
26 No person owning, managing, or having control or charge
27 or occupancy of any building, lot or premises within the City,
28 shall permit weeds, rubbish, garbage, or dirt, of any kind as
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1 defined in Chapter 12, Article I, Section 12.1 to remain upon
2 the premises or in the area between the property line and the
3 curb1ine of any public street or alley.
4 This section shall not require any person to maintain
5 trees, including the basins around the trees, planted in
6 accordance with the Vernon City street Tree Plan.
7 Sec. 12.6. Notice to Abate Nuisance.
8 Whenever the Director of Community Services, or such
9 other official as may be designated by the City Administrator,
10 finds that weeds, rubbish, garbage, or dirt are growing, located,
11 or existing upon private property, or in the area between the
12 property line and the curbline of any public street or alley
13 within the City in violation of the provisions of this Chapter or
14 of any other provisions of this Code, which may endanger or
15 lnJure neighboring property or endanger or injure the welfare
16 of the residents in the vicinity of such property, or which may
17 become a fire hazard, the Director of Community Services, or such
18 other official as may be designated by the City Administrator,
19 shall give, or cause to be given, notice in the manner and in the
20 form specified in this Chapter requiring the abatement of such
21 nuisance and stating that unless such nuisance be abated without
22 delay by the destruction or removal of the weeds, rubbish,
23 garbage, and dirt, the nuisance will be abated by the City
24 authorities and the expense thereof assessed upon the lots,
25 parcels, and lands from or on which such nuisance was abated.
26 Sec. 12.7. Form of Notice.
27 The notice specified in Chapter 12, Article II,
28 Section 12.6 shall be in substantially the following form:
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NOTICE TO DESTROY WEEDS AND
REMOVE RUBBISH, GARBAGE AND DIRT
Notice is hereby given that:
Pursuant to the provisions of Chapter 12, Article II
of the Vernon City Code, all weeds, rubbish, garbage and dirt,
as defined in Chapter 12, Article II, Section 12.6 of the Vernon
City Code, growing or existing on private property, or in the
areas between the property line and the curbline constitute a
public nuisance which must be abated by the destruction or
abatement thereof.
All persons owning, managing, or having control or
charge or occupancy of any such private property shall, without
delay, destroy or remove all such weeds, rubbish, garbage and
dirt from their property and the area between the property line
and the curbline, or such weeds, rubbish, garbage and dirt, will
be destroyed or removed and such nuisance abated by the City
authorities, in which case the destruction or removal thereof,
including any incidental expenses will be assessed upon the
lots and lands from, or on which, or abutting the streets and
alleys from or on which such nuisance was abated, and such costs
will constitute a lien upon the lots or parcels until paid and
will be collected on the next tax roll upon which municipal
taxes are collected.
Any property owner having objections to the proposed
removal of weeds, rubbish, and garbage must notify the City Cler
in writing within ten (10) days after the posting or mailing of
this notice, or his objections shall be deemed to be waived.
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Any property owner who files such written objections
in the office of the City Clerk within such ten (10) day period
is hereby notified that a hearing will be held before the City
Council of the City of Vernon in the Room
of the Vernon City Hall, 4305 Santa Fe Avenue, Vernon, Cali-
fornia, on , 19 , at o'clock____m.,
at which time and place all objections will be heard and given
due consideration. Any such objecting property owner may attend
and speak at such hearing.
Dated: , 19
Sec. 12.8. Service of Notice.
Such notice shall be given in the manner set forth in
this section:
(a) The Director of Community Services, or such other
official as may be designated by the City Administrator, shall
cause notice or notices to be posted in a conspicuous place on
or in front of the property upon which or from which such
nuisance exists, as follows:
(1) One notice shall be posted on or in front of
each separately owned parcel;
(2) Not more than two notices shall be posted on
or in front of any parcel having a frontage of more than fifty
(50) feet and not more than one hundred (100) feet;
(3) If the frontage of any parcel is greater
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1 than one hundred (100) feet, notices should be placed at
2 intervals of not more than one hundred (100) feet.
3 (b) As an alternative of posting of such notice or
4 notices, as prescribed in "(a)" above, the designated officer
5 may cause a similar notice to be mailed by the United States
6 mail, to the owner and occupant of the subject property as shown
7 upon any City record, or upon the last equalized assessment roll
8 or at his last known address, whichever he shall determine to be
9 the best means of serving notice upon the actual owner. The
10 addresses of the owners shown upon such records shall be
11 conclusively deemed to be the property address for the purpose
12 of mailing such notices. The failure of the owner to receive
13 such notices shall not affect the power of the City or of its
14 officers or employees to proceed as provided in this Article.
15 Such notice shall be mailed not less than ten (10) days prior
16 to the date set for a hearing upon objections as provided in
17 Section 12.6.
18 Sec. 12.9. Hearing on Objections.
19 At the time and place stated in the notice, the City
20 Council shall hear and consider any and all objections to the
21 proposed abatement of the nuisance. The City Council may
22 continue the hearing from time to time. At the conclusion of
23 the hearing or within a reasonable time thereafter, the City
24 Council shall render its decision as to whether or not a
25 condition exists that is dangerous to the life, limb, or
26 property, or to public health, safety, or morals. If it finds
27 such a condition to exist, it shall overrule any or all
28 objections. If it finds no such condition to exist, it shall
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1 allow such objections. The decision of the City Council shall
2 be final and conclusive.
3 Sec. 12.l0. Abatement by City.
4 The Director of Community Services, or such other
5 official as may be designated by the City Administrator, are
6 authorized and directed to abate any and all such nuisances as
7 specified in Chapter 12, Article II, Section 12.5 of the Vernon
8 City Code upon lots or parcels:
9 (a) When no written objections have been filed with
10 the office of the City Clerk within ten (10) days after the
11 posting and/or mailing of the notice, or
12 (b) When a ten (10) day period has elapsed following
13 the decision of the City Council disposing of any objections.
14 Any person owning, managing or having control, charge
15 or occupancy of any such property, shall have the right to
16 destroy or remove weeds, rubbish, garbage and dirt himself or
17 to have the same destroyed or removed at his own expense
18 provided that the nuisance be abated prior to the arrival of the
19 designated City official or his authorized representative. It
20 shall, however, be unlawful for any such person to burn any
21 such weeds, rubbish, garbage and dirt without first having
22 obtained written permission to do so from the Chief of the Fire
23 Department and without complying with all state and local
24 regulations governing such burning, including those of the air
25 pollution control district.
26 Sec. 12.11. Performance of the Abatement by Contract.
27 Abatement of the nuisance may, in the discretion of
28 the City Council, be performed by private contract, in the
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1 manner provided in the City Code and other City rules for the
2 awarding and executing of contracts. In such event, the
3 contractor shall keep the account and submit to the City an
4 itemized written record of abatement for each separate parcel
5 of land as required by this Article.
6 Sec. 12.12. Record of Cost of Abatement.
7 The Director of Community Services or such other
8 designated official as may be designated by the City
9 Administrator, shall keep an account of the cost of abatement,
10 including incidental expenses, on each individual lot or parcel
11 of land, or in the area between the property line and the
12 curbline.
13 The term "incidental expenses" shall include
14 administrative overhead, the cost of printing, advertising,
15 and/or posting provided for in this Article, the compensation
16 of the person appointed by the City to take charge of and
17 supervise any of the work authorized under this Article, the
18 expenses of preparing and typing the resolutions, notices and
19 other papers, and hearings and other proceedings for such
20 work and any other expenses incidental to the completion and
21 inspection of the work.
22 Sec. 12.13. Report of Assessments.
23 (a) By no later than April 15 of each and every
24 fiscal year in which such abatement work is performed by the
25 City under Article II, Sections 12.5 or 12.6 of this Chapter,
26 the Director of Community Services or such other designated
27 official as may be designated by the City Administrator shall
28 prepare and submit to the City Council for confirmation an
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1 itemized written report showing such cost. Any such report shall
2 be entitled "Agency Lien List" and shall include an itemization
3 of costs for any number of separate lots or parcels in which
4 event, such report shall refer to each separate lot or parcels in
5 which event, such report shall refer to each separate lot or
6 parcel by a description sufficient to identify the same and shall
7 specify the costs proposed to be assessed on each such separate
8 lot or parcel of land. The descriptions of the parcels reported
9 shall include those descriptions used for the same parcel on the
10 county assessor's map books for the current year.
11 (b) The City Council shall set the matter for hearing
12 to be held prior to April 15 of each such year to determine the
13 correctness or reasonableness, or both, of such costs.
14 Sec. 12.14. Mailing of Statements and Notices.
15 The Director of Community Services or such other
16 designated official as may be designated by the City
17 Administrator shall also transmit to the Director of Finance a
18 copy of such report. The Director of Finance shall mail to each
19 person to whom a lot or parcel of land is assessed at the last
20 known address of such person as shown in the City records, a
21 statement of the charge proposed to be assessed against any such
22 lot or parcel of land under the provisions of this Code. Such
23 mailings shall be made not later than ten (10) days prior to the
24 time set for the Council hearing to confirm such assessments and
25 shall include a notice of the time and place for which the
26 hearing has been set. Failure of any record owner to receive
27 any such mailed notice and statement shall not affect the
28 validity of any proceedings under this Code.
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Sec. 12.15. Notice of Hearing on Report.
There being no newspaper of general circulation printed,
published or circulated in the City of Vernon, the City Clerk
shall post or cause to be posted a copy of the foregoing report
and assessment list, together with a notice of the time and place
of the hearing upon the confirmation of such report and assess-
ments, and notifying property owners that they may appear at such
hearing and object to any matter contained therein, in three of
the most public places in said City, to wit: the northwest corner
of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Boulevard and Pacific Boulevard and on the bul1etin board
in the lobby of the City Hall of said City. The posting shall be
made at least ten (10) days prior to the date of such hearing.
Sec. 12.16. Report --- Hearing and Proceedings.
At the time and pI ace fixed for receiving and
considering said report, the City Council shall hear and pass
upon the same, together with any objections of the property
owners liable to be assessed for the abatement. Thereupon the
City Council may make such revision, correction, or modification
in the report as it may deem just after which by resolution the
report, as submitted or as revised, corrected or modified, shall
be confirmed. The decision of the City Council on all protests
and objections which may be made shall be final and conclusive.
Sec. 12.17. Assessment of Costs Against Property --- Lien.
(a) The total cost of abatement upon, or between the
property line and the curbline of, each lot or parcel of land, as
so confirmed by the City Council, shall constitute a special
assessment against the respective lot or parcel of land to which
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1 it relates, and a lien on said property for the amount of such
2 assessment.
3 (b) The City Clerk shall cause to be recorded in the
4 office of the County Recorder a certified copy of the decision
5 of the City Council.
6 (c) The Director of Finance shall duly execute such
7 report for and on behalf of the City and shall send same to the
8 tax division of the County Auditor-Controller's office, whereupon
9 it shall be the duty of said Auditor-Controller to add the
10 amounts of the respective assessments to the next regular tax
11 bills levied against said respective lots and parcels of land
12 for municipal purposes; and thereafter, said amounts shall be
13 collected at the same time and in the same manner as ordinary
14 municipal taxes are collected, and shall be subject to the same
15 penalties and the same procedure under foreclosure and sale in
16 case of delinquency as provided for ordinary municipal taxes.
17 (d) Such assessments shall not be payable prior to entry
18 upon the tax roll as provided for hereinabove in subsection (c).
19 Sec. 12.18. Notice to Remove Bushes, Trees, or Hedges.
20 Whenever any bush, hedge, or tree upon the sidewalk of
21 any public street or upon any premises abutting thereon
22 interferes or obstructs the passage of pedestrians or vehicles
23 along such sidewalk or street, the Director of Community Services
24 or such other official as may be designated by the City
25 Administrator, shall give, or cause to be given, notice in the
26 manner and form specified in this Article requiring the
27 abatement of such interference or obstruction by trimming or
28 removing such bush, hedge, or tree and stating that unless such
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nuisance be abated, the obstruction or interference will be
abated by City authorities and the expense thereof assessed upon
the lots, parcels and lands from or on which such obstruction
or interference was abated.
This section sha11 not require any person to maintain
trees, including the basins around the trees, planted in
accordance with the Vernon City Street Tree Plan.
SECTION 3: That all ordinances or parts of ordinances
in conflict with this Ordinance are hereby repealed.
SECTION 4: There being no newspaper of general
circulation printed, published or circulated in the City of Vernon
the City Clerk is hereby directed to certify to the passage of
this Ordinance, and shall post the same, or cause the same to be
posted, in three of the most public places in said City, to wit:
the northwest corner of 38th street and Santa Fe Avenue; the
northeast corner of Leonis Boulevard and Pacific Boulevard and
on the bulletin board in the lobby of the City Hall of said City,
located at 4305 Santa Fe Avenue, all in the City of Vernon, Los
Angeles County, California; that this Ordinance shall be in full
force and effect thirty (30) days from and after said posting.
APPROVED AND ADOPTED this
4th day of May
, 1982.
ATTE~: /' /
~V~~,:~/4'd7~
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
) SSe
2 COUNTY OF LOS ANGELES )
3
4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
6
Ordinance No.
926
, was duly and regularly introduced
7 at a regular meeting of the City Council of the City of Vernon,
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held on
April 20. 1982
, and thereafter finally adopted
9 at a regular meeting of said City Council held on
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, by the fol1owing vote:
Councilmen: Malbvrg, Ybarra, McCormick, Gonzal s
lJavls
May 4, 1982
AYES:
NOES:
Councilmen: None
ABSENT:
Councilmen: None
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i .?~/ _,L
~U::U--~
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I '
1
AFFIDAVIT OF POSTING
2 STATE OF CALIFORNIA )
)
3 COUNTY OF LOS ANGELES) SS
)
4 CITY OF VERNON )
5
I, BRUCE V. MALKENHORST, City Clerk of the City
6 of Vernon, do hereby certify that I did, on the
6th day of
7 May , 19~, post three (3) copies of Ordinance No.
926-Repealing Articles I & II of Chapter 12, Sections 12.1 thru 12 12
8 & addin~ new Articles I & II to Section 12.1 thru 12.18 Regarding ~e d
& Rubbish Abatement & Repealing all Ordinances & Parts of Ordinan8fif ~c'
9 one in each of the following places, to wit: At the northwestC
10 corner of 38th Street and Santa Fe Avenue, at the northeast cor-
11 ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
12 board in the lobby of the City Hall of the City of Vernon, locat-
13 ed at 4305 Santa Fe Avenue, all in said City, there being no
14 newspaper of general circulation printed and published in the City
15 of Vernon.
16
Signed this 6th day of
May
, 19-E.
18
~;7 /7~/
/-:4:r~4~d
BRUC V. MALKENHORST, City C erk
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19
20 Subscribed and sworn to before me
this 6th day of May , 19 82.
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e. .. OFFICIAL SEAL
.. lOIS J HilTON ,
G. . NQTAr<Y PV8uc - CALIFORNIA II
. LOS ANGElrs COUNTY .~
".. ,- My comm. fXpirl1s,APR 6.~~~
4305 Santa F. Avenue, V.rnon, CA 90058
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