Alhambra Municipal Code Ch. 6.20 Litter

Whenever used in this chapter the word LITTER shall include garbage and waste matter, abandoned motor vehicles, junk, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. Newspapers placed on private property shall not be deemed to be litter provided they are deposited in such manner as to prevent their being carried away by the elements and are removed within a reasonable time thereafter.

('86 Code, § 6.20.010) (Ord. 3014, passed - - )

No person shall throw or deposit litter in or upon any street, alley, parkway, sidewalk or other public place within the city except in public receptacles or in authorized private receptacles for collection.

('86 Code, § 6.20.020) (Ord. 3014, passed - - ) Penalty, see § 1.12.010

Persons placing litter in public receptacles or in authorized receptacles shall do so in such a manner as to prevent it from being carried away by the elements.

('86 Code, § 6.20.030) (Ord. 3014, passed - - ) Penalty, see § 1.12.010

No person shall sweep litter from any building or lot or any public or private sidewalk, parkway or driveway into any gutter, sidewalk, parkway, alley, street, or other public place within the city.

('86 Code, § 6.20.040) (Ord. 3014, passed - - ) Penalty, see § 1.12.010

Persons owning or occupying property shall keep the sidewalk, parkway, gutter and alley in front of or adjacent to the side or rear of their property free of litter.

('86 Code, § 6.20.050) (Ord. 3014, passed - - ) Penalty, see § 1.12.010

No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried away by the elements.

('86 Code, § 6.20.060) (Ord. 3014, passed - - ) Penalty, see § 1.12.010

The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

('86 Code, § 6.20.070) (Ord. 3014, passed - - ) Penalty, see § 1.12.010

No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not.

('86 Code, § 6.20.080) (Ord. 3014, passed - - ) Penalty, see § 1.12.010

The Director of Public Works is hereby authorized and empowered to notify the owner of any open or vacant private property within the city, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, postage prepaid, return receipt requested, addressed to the owner or agent at his last known address. A copy of the notice shall also be posted on the property.

('86 Code, § 6.20.090) (Ord. 3014, passed - - ; Am. Ord. 3695, passed - - )

The owner or agent of such owner shall be given five days within which to dispose of the litter described in the notice. The day of posting the notice shall be excluded in computing such period and no litter shall be removed by the Director of Public Works until such period has expired.

('86 Code, § 6.20.100) (Ord. 3014, passed - - ; Am. Ord. 3695, passed - - )

The notice shall describe the work to be done and shall state that if the work is not commenced within five days after notice is given and diligently prosecuted to completion without interruption, the Director of Public Works shall dispose of the litter and the cost and incidental expenses thereof shall be a lien on the property. The notice shall be sub-stantially in the following form:

NOTICE TO REMOVE LITTER. The owner of the property described as follows:

commonly known as

is hereby ordered to properly dispose of the litter located on said property

within five days from the date hereof. If the disposal of the litter herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the Director of Public Works shall cause such disposal to be done, and the cost thereof including any incidental expenses, will be a lien upon said property, pursuant to the provisions of §§ 6.20.090 through 6.20.190, inclusive, of the Alhambra municipal code.

Estimated cost of disposal

Dated

DIRECTOR OF PUBLIC WORKS OF THE CITY OF ALHAMBRA

('86 Code, § 6.20.110) (Ord. 3014, passed - - ; Am. Ord. 3695, passed - - )

(A) The Director of Public Works shall cause to be kept in his office a permanent record containing:

(1) A description of each parcel of property for which notice to dispose of litter has been given;

(2) The name of the owner, if known;

(3) The date on which such notice was mailed and posted;

(4) The charges incurred by the city in disposing of the litter, and all incidental expenses in connection therewith; and

(5) A brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

(B) The term “incidental expenses” shall include administrative overhead, the cost of printing, advertising and/or posting provided for in this chapter, the compensation of the person appointed by the city to take charge of and superintend any of the work authorized under this chapter, the expenses of preparing and typing the resolutions, notices and other papers, and hearing and other proceedings for such work and any other expenses incidental to the completion and inspection of the work.

('86 Code, § 6.20.120) (Ord. 3014, passed - - ; Am. Ord. 3695, passed - - )

Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the litter within five days after notice has been given as hereinbefore provided, the Director of Public Works is hereby authorized and empowered to pay for the disposal of such litter out of city funds or to order its disposal by city forces. Neither the city, members of the Council, Director of Public Works, nor any officers, employees or agents of the city shall be personally liable for any bodily injuries or property damage arising under any contract made or work performed pursuant to the provisions of this section. The Director of Public Works and his authorized representatives, including any contractor with whom he contracts hereunder, and assistants, employees, or agents for such contractor, are hereby authorized to enter upon the property for the purpose of disposing of the litter described in the notice. Before the Director of Public Works arrives, any property owner may dispose of the litter at his own expense.

('86 Code, § 6.20.130) (Ord. 3014, passed - - ; Am. Ord. 3695, passed - - )

When the city has effected the removal of such litter or has paid for its removal, the actual cost thereof, including any incidental expenses, shall be charged to the owner of such property and the Director of Finance shall bill the owner, or his agent, therefor by mail. The bill shall also apprise the owner that if the bill is not paid in full within 30 days from the date thereof, the unpaid amount shall become a lien upon the property.

('86 Code, § 6.20.140) (Ord. 3014, passed - - ; Am. Ord. 3695, passed - - )

(A) If any such bill described in § 6.20.140 of this chapter has not been paid by June 30 of the fiscal year in which it was mailed, the Director of Finance, or such other designated official, shall prepare and submit to the City Council for confirmation an itemized written report showing such cost.

(B) Such report may include an itemization of costs for any number of separate lots or parcels, in which event such report shall refer to each separate lot or parcel of land by a description sufficient to identify the same and shall specify the costs proposed to be assessed on each such separate lot or parcel of land. The descriptions of the parcels so reported shall include those descriptions used for the same parcels on the county assessor's map books for the current year.

(C) The City Council shall set the matter for hearing to be held prior to July 30 of each such year to determine the correctness or reasonableness, or both, of such costs.

('86 Code, § 6.20.150) (Ord. 3014, passed - - ; Am. Ord. 3695, passed - - )

The Director of Finance shall mail to each person to whom a lot or parcel of land is to be assessed at the last-known address of such person as shown in the city records a statement of the charge proposed to be assessed against any such lot or parcel of land under the provisions of this chapter. Such mailing shall be made not later than ten days prior to the time set for the Council hearing to confirm such assessments and shall include a notice of the time and place for which the hearing has been set. Failure of any record owner to receive any such mailed notice and statement shall not affect the validity of any proceedings under this chapter.

('86 Code, § 6.20.160) (Ord. 3695, passed - - )

The City Clerk shall post on the bulletin board in the city hall lobby 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 assessments, and notifying property owners that they may appear at such hearing and object to any matter contained therein. A like notice shall also be published once in a newspaper of general circulation published and circulated within the city. The posting and publication shall be made at least ten days prior to the date of such hearing.

('86 Code, § 6.20.170) (Ord. 3695, passed - - )

At the time and place fixed for receiving and considering such 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 cost and incidental expenses of the disposal work. 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.

('86 Code, § 6.20.180) (Ord. 3695, passed - - )

(A) The total cost and incidental expenses of such disposal work, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates and a lien on the property for the amount of such assessment.

(B) The City Clerk shall cause to be recorded in the office of the County Recorder a certified copy of the decision of the City Council.

(C) The Director of Finance shall duly execute such report for and on behalf of the city and shall send same to the tax division of the County Auditor-Controller's office, whereupon it shall be the duty of the Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes; and, thereafter, the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

(D) Such assessments shall not be payable prior to entry upon the tax roll as provided for hereinabove in division (C).

('86 Code, § 6.20.190) (Ord. 3695, passed - - )