Coalinga Municipal Code Art. 4 Nuisances

Any tree or shrub growing on private property, when same encroaches or overhangs a public place, park or street and is determined to constitute a danger or hazard to the health, safety, welfare or property of the public, such tree or shrub may be declared to be a public nuisance and therefore abated as provided for in this chapter.

(§ B, Ord. 583, eff. May 4, 1991)

Any tree or shrub growing on private property, when infested by any insect or infected by any disease threatening the life of same, or which by reason of such infestation or infection endangers the life or growth or healthful existence of other trees or shrubs within the City not so infected or infested, or any trees or shrubs determined by the Director of Public Works to be a clear and present danger to persons or property may be declared to be a public nuisance and thereafter abated as provided for in this chapter.

(§ B, Ord. 583, eff. May 4, 1991)

Immediately upon a determination by the Director of Public Works that any tree or shrub should be declared a public nuisance, the Director shall cause a copy of this chapter to be sent by certified mail to the last address of record of the property owner concerned, together with a notice setting forth the details of the nuisance and the requirements of its abatement, advising the owner of the property that the nuisance shall be abated by the owner within thirty (30) days if the city is not to proceed with the further steps set forth in this chapter.

(§ B, Ord. 583, eff. May 4, 1991)

In the event the nuisance is not abated by the property owner or his agent within the specified time, the Director of Public Works shall forward to the City Clerk a request for resolution by the City Council, indicating that adequate notice has been given the property owner concerned and that the nuisance still exists.

(§ B, Ord. 583, eff. May 4, 1991)

The City Clerk shall place on the agenda of the next regular meeting of the City Council a resolution declaring the trees or shrubs to be a nuisance and setting a hearing thereon. The clerk shall cause a copy of the resolution to be mailed to the property owner at least ten (10) days prior to such hearing.

(§ B, Ord. 583, eff. May 4, 1991)

After the passage of such resolution, the Director of Public Works shall cause to be conspicuously posted on the property upon which the nuisance is alleged to exist, a notice headed "Notice to Abate Public Nuisance", such heading to be in letters not less than one (1) inch in height and in substantially the following form:

NOTICE TO ABATE PUBLIC NUISANCE

NOTICE is hereby given on the ___ day of ___, 19___, the City Council of the City of Coalinga passed a resolution declaring that certain trees or shrubs located upon (description of property) are (infested with insects, infected with disease, a clear and present danger to persons or property, or a danger or hazard to the health, safety, welfare or property of the public), and that the same constitute a public nuisance which must be abated by (work specified) or the removal of the same, otherwise they will be (work specified) or removed and the nuisance abated by the City, in which case the cost of such (work specified) or removal shall be assessed upon the property from which such (trees or shrubs) are located, and such cost will constitute a lien upon such property until paid. Reference is hereby made to said resolution for further particulars.

Any person objecting to the proposed (work specified) or removal, as aforesaid, is hereby notified to attend the meeting of said City Council to be held in the Council Chambers in City Hall Annex at (time) on the ___ day of ___, 19___, when such objections

will be heard and given due consideration.

DATED this ___ day of ___, 19___.

_____ Director of Public Works City of Coalinga

This notice shall be posted at least five (5) days prior to the time for hearing objections to the abatement of such public nuisance.

(§ B, Ord. 583, eff. May 4, 1991)

At the time stated in such notices, the City Council shall hear and consider all objections, if any, to the proposed removal or work, and may continue the hearing from time to time. Upon the conclusion of such hearing, the City Council shall by resolution allow or overrule any and all objections; whereupon the City Council shall have acquired jurisdiction to proceed and perform the work or removal, and the decision of the City Council on the matter shall be final and conclusive.

(§ B, Ord. 583, eff. May 4, 1991)

After final action has been taken by the City Council, or in case no protests or objections have been received, the City Council shall by resolution order the Director of Public Works, his deputies and assistants, to abate the nuisance by having the work performed or any and all trees or shrubs removed from the premises in question, and the Director of Public Works is expressly authorized to enter upon private property for such purposes. Any property owner shall have the right to have such work performed or to have any such trees or shrubs removed at his own expense providing the same is done prior to the arrival of the Director of Public Works to remove the same.

(§ B, Ord. 583, eff. May 4, 1991)

The Director of Public Works shall keep an account of the cost of abating such nuisance upon each lot, piece, or parcel of land, and shall submit an itemized statement thereof to the City Council at its next subsequent meeting, and shall forthwith mail a full and correct copy of such statement to the owner or owners of such premises, if known, to his or their last known place of residence. In the event that any such owner is unknown, the statement shall be posted on the bulletin board of City Hall for one week, giving notice when such statement will be submitted to the City Council for approval.

(§ B, Ord. 583, eff. May 4, 1991)

At the time for receiving and considering such statement, the City Council shall proceed to consider such statement, rendering a determination which shall be final and conclusive. The amounts of the cost of abating the nuisance shall constitute special assessments against the property mentioned in the statement. Upon confirmation of such statement, a full and correct copy thereof shall be delivered to the assessor for the City, and it shall be the duty of the assessor to add the amounts set forth in such statement and charged against any property to the amount assessed against the same for municipal taxes and assessments, and thereafter, said amounts shall be collected at the same time and in the same manner as ordinary taxes are collected, and such special assessments 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.

(§ B, Ord. 583, eff. May 4, 1991)