Burbank Municipal Code Div. 1 Abatement Under the State Act

The provisions of this division shall supplement proceedings instituted under Title 4, Division 3, Part 2, Chapter 13, Article 2 of the Government Code of the State. [Formerly numbered Section 24-21; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

In lieu of ordering the Public Works Director to abate the nuisances provided in Section 4-2-201 of this article, the Council may authorize the City Manager to contract for the performance of such work and such contract need not be referred to the Council for approval. [Formerly numbered Section 24-22; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

The Public Works Director shall fix the time for the commencement and for the completion of the work, which shall be prosecuted with diligence from day to day thereafter, to completion, and they may extend the time so fixed unless otherwise directed by the Council. All contracts made hereunder shall provide that the work must be done under the direction and to the satisfaction of the Public Works Director and comply with all laws applicable thereto, and that materials used shall comply with law and the specifications. [Formerly numbered Section 24-23; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

All contractors shall, at the time of executing any contract under this article, file with the Public Works Director the following bonds signed by the contractor as principal and a responsible surety company authorized to do business in this State:

A. A faithful performance bond in a sum not less than one hundred percent (100%) of the amount of the contract conditioned for the faithful performance of the contract, and which provides that the surety will pay a reasonable attorney fee to be fixed by the court in case suit is brought upon the bond. The bond shall further provide that no change, extension of time, alteration, or addition to the contract, or performance required thereunder, shall, in any manner, affect the obligations of the surety thereon and that the surety waives notice of any such change, extension of time, alteration or addition to the contract and performance required thereunder.

B. A labor and materials bond in a sum not less than fifty percent (50%) of the total amount of the contract, which must provide in substance that if the contractor, or their subcontractors, fail to pay for any of the materials, transportation, provisions, provender or other supplies, or for the use of teams, implements or machinery used in, upon or for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act, that the surety will pay for the same in amount not exceeding the sum specified in the bond, and in case suit is brought upon such bond, to pay a reasonable attorney fee to be fixed by the court. Such bond must, by its terms, inure to the benefit of any and all persons entitled thereto under and by virtue of the provisions of Government Code, Title 1, Division 5, Chapter 3, and Code of Civil Procedure, Part 3, Title 4, Chapter 2, of the State. [Formerly numbered Section 24-24; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

A. The Public Works Director and their authorized representatives may enter upon private property to abate the nuisance.

B. Any contractor with whom a contract has been entered into by the City hereunder, and their assistants, deputies, employees and agents, are hereby expressly authorized to enter upon private property for the purpose of abating the nuisance for which a contract was awarded. [Formerly numbered Section 24-25; Amended by Ord. No. 3323, eff. 1/2/93; 3058, 2217.]

Before the Public Works Director or contractor arrives, any property owner may remove the weeds, rubbish, solid waste, and dirt at their own expense. [Formerly numbered Section 24-26; Amended by Ord. No. 3323, eff. 1/2/93; 3058, 2217.]