Dos Palos Municipal Code § 8.17 Health and Safety

8.ll.7.080 Hearing Officer's Decision 8.17 .090 Late Payment Charges

(a) Whenever an Enforcement Officer charged with the enforcement of any provision of this Code determines that a violation of law has occurred, the Enforcement Officer shall have the authority to issue an Administrative Citation to any person responsible for the violation. (b) Each Administrative Citation shall contain the following information: 1. The date of the violation. 2. The address or a definite description of the location where the violation occurred. 3. The section of this Code violated and a description of the violation. 4. The amount of the fine for the Code violation. 5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid. 6. An order prohibiting the continuation or repeated occurrence of the Code violation described in the Administrative Citation. 7. A description of the Administrative Citation review process, including the time within which the Administrative Citation may be contested and the place from which a request for hearing form to contest the Administrative Citation may be obtained. 8. The name and signature of the citing Enforcement Officer.

(a) The amounts of the fines for Code violations imposed pursuant to this chapter shall be set forth in the Schedule of Fines established by resolution of the City Council. (b) The Schedule of Fines shall specify any increased fines for repeat violations of the same Code provision by the same person within twelve (12) months from the date of an Administrative Citation. (c) The Schedule of Fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

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8.:17.030 Payment of Fine (a) The fine shall be paid to the City within thirty {30) days from the date of the Administrative Citation. (b) Any Administrative Citation fine paid pursuant to subsection (a) shall be refunded in accordance with Section 8.17 .080 if it is determined, after a hearing, that the person charged in the Administrative Citation was not responsible for the violation or that there was no violation as charged in the Administrative Citation. (c) Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the C9de violation that is the subject of the Administrative Citation.

(a) Any recipient of an Administrative Citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for hearing form and returning it to the City within thirty {30) days from the date of the Administrative Citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 8.17 .050. (b) A request for hearing form may be obtained from the department specified on the Administrative Citation. (c) The person requesting the hearing shall be notified in writing of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. (d) If the Enforcement Officer submits an additional written report concerning the Administrative Citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five (5) days prior to the date of the hearing.

(a) Any person who intends to request a hearing to contest that there was a violation of the Code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in Section 8.17.040 may file a request for an advance deposit hardship waiver. {b) The request shall be filed with the Finance Department on an advance deposit hardship waiver application form, available from the Finance Department, within ten (10) days of the date of the Administrative Citation. (c) The requirement of depositing the full amount of the fine as described in Section 8.17 .040 shall be stayed unless or until the Finance Officer makes a determination not to issue the advance deposit hardship waiver. (d) The Finance Officer may waive the requirement of an advance deposit set forth in Section 8.17.040 and issue the advance hardship waiver only if the cited party submits to the Finance Officer a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Finance Officer, the persons actual financial ability to deposit with the City the full amount of the fine in advance of the hearing. (e) If the Finance Officer determines not to issue an advance deposit hardship waiver, the person shall remitthe deposit to the City within ten (10) days of the date of that decision or thirty (30) days from the date of the Administrative Citation. (f) The Finance Officer shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the Finance Officer shall be final. (g) The written determination of the Finance Officer shall be served upon the person who applied for the advance deposit hardship waiver.

8.17 .060 Hearing Officer The City Manager shall designate the Hearing Officer for the Administrative Citation hearing.

(a) No hearing to contest an Administrative Citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section 8.17.040 or an advance deposit hardship waiver has been issued in accordance with Section 8.17.050. (b) A hearing before the Hearing Officer shall be set for a date that is not less that fifteen (15) days and not more than sixty (60) days from the date ttiat the request for hearing is filed in accordance with the provisions of this chapter. (c) At the hearing, the party contesting the Administrative Citation shall be given the opportunity to testify and to present evidence concerning the Administrative Citation. {d) The failure of any recipient of an Administrative Citation to appear at the Administrative Citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies. (e) The Administrative Citation and any additional report submitted by the Enforcement Officer shall constitute prima fade evidence of the respective facts contained in those documents. (f) The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the Administrative Citation prior to issuing a written decision.

8.17 .000 Hearing Officer's Decision (a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the Administrative Citation and shall list in the decision the reason for that decision. The decision of the Hearing Officer shall be final. (b) If the Hearing Off\cer determines that the Administrative Citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. (c) If the Hearing Officer determines that the Administrative Citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set forth in the decision a payment schedule for the fine. (d) If the Hearing Officer determines that the Administrative Citation should be cancelled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine. (e) The recipient of the Administrative Citation shall be served with a copy of the Hearing Officer's written decision. {f) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of Administrative Citation fines upheld by the Hearing Officer.

Any person who failed to pay the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the Schedule of Fines.

The City may collect past due Administrative Citation fine, late payment charge and collection costs by use of all available legal means.

Any person aggrieved by an administrative decision of a Hearing Officer on an Administrative Citation may obtain review of the administrative decision by filing a petition for review with the Merced County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53.069.4.

S.17.120 Notices (a) The Administrative Citation and all notices required to be given by this chapter shall be served on the responsible party in accordance with the provisions of this Code. {b) Failure to receive any notices specified in this chapter does not affect the validity of proceedings conducted hereunder.

This ordinance shall become effective on March 19, 2008, which is thirty days after its final passage and adoption. Ordinance 380 shall be published after its final passage, by one insertion in The Dos Palos Sun an adjudicated newspaper of general circulation available within the City of Oos Palos.

The above Ordinance was introduced after the first reading on a motion by Council member Kelley, and seconded by Mayor pro Tern Mays, at a regular meeting of the Dos Palos City Council held on February 5, 2008 and passed on a 5-0 vote.

Second reading of Ordinance 380 was held at a regular meeting of the City Council of the City of Dos Palos on February.19, 2008. The adoption of Ordinance 380 was moved by Councilmember Kelley and seconded by Mayor Pro Tern Mays, and was adopted on a 5-0 vote of the members of the City Council as follows:

AYES: Burns, Kelley, Mays, Thompson & Antonetti

NOES: None

ABESENT: None

Michael Burns, Mayor

8.20.010

Chapter 8.20 8.20.040 Depositing ashes and other
inflammable materials.
No person shall deposit ashes, smouldering FIRE PREVENTION* coals or embers, greasy or oily substances or
other matters liable to create spontaneous igni-

Sections: tion within ten feet of any wooden or piastered

inflammable materials. resting on a noncombustible floor or on the

materials. noncombustible stands, and in every case must

*For statutory authority for cities to declare what constitutes a nuisance. see Gov. Code§ 38771: for provisions for abatement of 8.20.050 Accumulations of waste materials. nuisances. see Gov. Code§§ 38773 and 38773.5: for provisions No person shall permit to remain upon any for weed abatement. see Health and Safety Code§ 14875 ct seq. roof or in any court, yard, vacant lot or open space, any accumulation of waste paper; hay,

For the purpose of this chapter certain words mable waste or rubbish of any kind. All weeds, and phrases are defined and certain provisions grass, vines or other growth, when same shall be construed as set out, unless it is apparent endangers property, or is liable to be fired, shall from the context that they have different mean- be cut down and removed by the owner or occu- ing. (Ord. 3 Ch. 2 Art. I§ I, 1935) pant of the pr.operty it is on. (Ord. 3 Ch. 2 Art. l § 5, 1935)

8.20.060 Storing inflammable materials. It shall be the duty of the chief of police, and/or No person making, using, storing or havingthe chief of the fire department, if such official charge or control of any shavings. excelsior, rub-shall be appointed, to enforce all provisions of bish, sacks, bags, litter, hay, straw or combustiblethis chapter enacted. (Ord. 3 Ch. 2 Art. I § 2, trash, waste or fragments shall fail, neglect or1935) refuse at the close of each day to cause all such

material which is not compactly baled and 8.20 .030 Bonfires. stacked in an orderly manner to be removed No person shall kindle or maintain any bon- from the premises or stored in suitable vaults or fire or shall knowingly furnish the materials for in metal or metal-lined, covered receptacles or any such fire, or authorize any such fire to be bins. (Ord. 3 Ch. 2 Art. l § 6, 1935) kindled or maintained on or in any street, alley, road, land or public grounds or upon any private 8.20.070 Abatement. lot, unless a written permit so to do shall first At any time that it shall be brought to the have been secured from the chief of police. (Ord. attention of the mayor or chief of police that the 3 Ch. 2 Art. I§ 3, 1935) provisions of Sections 8.20.040, 8.20.050 or

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8.20.070

8.20.060 are being violated, it shall be the duty of notice; in the event such person shall not comply either of said officers or both of them to visit the with said notice and direction, the officer shaJI place where it is reported that such violation immediately thereafter cause the required work exists, and there to examine into the same; and and labor to be performed and the violation should either of said officers, upon such exam- eliminated, and the cost thereof shall be collected ination, be of the opinion that such violation from the owner of the premises whereon or adja- does exist, he shall thereupon notify such person cent whereto said violation shall have taken so violating such provision to rectify such vio- place, in the manner provided by law. (Ord. 3 Ch. lation within ten days from the date of said 2 Art. 1 § 7, 1935)

118

8.21.010

Chapter 8.21 8.21.020 Definitions.
The following words and phrases whenever used
SMOKING in this chapter, unless the content indicates other-
wise shall be construed as defined in this section.

Sections: A. "Smoking" means lighting, inhaling, exhaling,

The Dos Palos city council recognizes that smok- ployed by the city of Dos Palos full-time, part-time, ing is hazardous to the health of its employees and voluntary, or who in any other capacity serves the the general public. Studies demonstrate that smoking city. is a hazard to the health of those who smoke, and D. "Employer" means the city of Dos Palos. that involuntary inhalation is unhealthy as well as E. "Place of employment" means any enclosed it is an annoyance, discomfort and inconvenience to area under the control of the employer which em- a nonsmoker. Many members of the general public ployees or the general public normally frequent find that the odor produced by smoking to be offen- during the course of employment, including but not sive to the senses. The state fire marshal has also limited to the following: determined that smoking and the use of smoking I. Work areas or office areas; paraphernalia can be a fire hazard. 2. Conference rooms or break rooms; Because smoking of tobacco or any other plant 3. Classrooms, hearing rooms, or meeting or weed is a danger to health and is considered a rooms; material annoyance, discomfort, inconvenience, and 4. Eating areas or food storage areas; a potential health hazard to those who are present 5. Employee lounges or rest rooms; in confined spaces, and constitutes a public nuisance 6. Hall ways, closets, attics, rooftops, or storage in public places and work places, in order to serve areas; the best interests of the public health and safety, this 7. Detention or jail areas; chapter is enacted pursuant to the provisions of the 8. Vehicles owned or leased by the city of Dos California Health and Safety Code Section 25946. Palos. (Ord. 313 (part), 1992) It is for the purpose of restricting and regulating smoking in city-owned, city-leased, or city-con- 8.21.030 Smoking prohibited. trolled work places and vehicles where members of Smoking is prohibited in all buildings or portions the public or where city employees are situated to of buildings, departments, facilities, plants, enclosed work, in order to reduce the hazards and nuisances areas and vehicles owned, leased, controlled or which restrict and otherwise regulate smoking within occupied by the city of Dos Palos except any area(s) such wmk places for the protection of city employ- specifically designated for that purpose by the city ees and the general public doing business with the manager. (Ord. 313 {part), 1992) city who are involuntarily exposed thereto. (Ord. 313 (part), 1992) 8.21.040 Signs. Signs designating smoking or no smoking areas

118-1 (Dos Palos 9-98)

8.21.040

shall be clearly, sufficiently and conspicuously posted in every building, or o1her place covered by this chapter. The manner of such posting, including the color, design, size, wording and place of post- ing, whether on the walls, doors, tables, counter stands, or elsewhere shall be determined by the city manager in consultation with the established em- ployee safety committee. (Ord. 313 (part), 1992)

A violation of this chapter by any city employee or officer by smoking in a posted no smoking area, or by otherwise violating any provision of this chap- ter shall, in addition to any legal penalties, also be a cause for disciplining of such employee. ( Ord. 313 (part), 1992)

Any person who violates any provi_sions of this chapter by smoking in a posted no smoking area or otherwise violates any provision of this chapter is guilty of an infraction, and upon conviction thereof, shall by punished by a· fine of not less than twenty dollars nor more than one hundred dollars. (Ord. 313 (part), 1992)

8.21.070 .. Severability. .. If any provision of this chapter or the application thereof to any person or circumstances is held inval- id, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end, the provisions of this chapter are severable. (Ord. 313 (part), 1992)

(Dos Palos 9-98) 118-2

8.22.010

Chapter 8.22 F. Proof of insurance and a State Fire Marshal's
pennit must be presented prior to issuance of a city
FIREWORKS pennit.
G. A valid city of Dos Palos business license is

Sections: required by any group or individual selling fire-

permits. (Ord. 322 (pan), 1994)

No fireworlcs may sold or discharged within the extinguisher must be located at the sale premises. city limits except fireworks designated as safe and B. Two or more "No Smoking" signs must be sane. posted at the sale site or stand. Safe and sane fireworks as defined by Section C. The city shall have the authority to inspect 12529 of the Health and Safety Code of the state of the sale site or stand at any time and enforce the California may be sold and discharged within the provisions of this chapter. city of Dos Palos during the period beginning at D. All unsold stock, the fireworks stand and any 12:00 noon on the 28th day of June through 9:00 litter on the site shall be removed from the location p.m. on the 4th day of July each year pursuant to on or before the 7th of July of each year. (Ord. 322 the provisions of this chapter. (Ord. 322 (pan), (pan), 1994) 1994)

permits. A. No person shall offer for sale or sell at retail any fireworlcs of any kind without first having ap- plied for and received a pennit. B. No application for a pennit to sell fireworks shall be accepted after 12:00 noon on the last working day at City Hall in the month of March of each year. C. All applications shall indicate the exact loca- tion of the proposed fireworks sale.s stand. D. No more than two pennits shall be issued for the first eight thousand or fewer people residing in the city limits. Thereafter, one additional permit may be issued for each additional five thousand in popu- lation above eight thousand, based on the latest census or city recognized estimate. E. If the number of applicants shall exceed the number of pennits to be issued, the pennittees dur- ing the preceding year shall have first priority for the available pennits in order of their respective application dates.

I18-3 (Dos Palos 9-98)

ORDINANCE 384 AN ORDINANCE OF THE CITY OF DOS PALOS AMENDING DOS PALOS MUNICIPAL CODE TITLE 8, CHAPTER 22, SECTION 020 REGARDING FIREWORKS

The City Council of the City of Dos Palos does hereby ordain:

FIREWORKS:

Section 08.22.010 remains unchanged.

A. Sale and Discharge: Safe and Sane Fireworks as defined by section 12529 of the Health and Safety Code of the State of California may be sold and discharged within the City of Dos Palos during the period beginning at 12:00 noon on Sunday, December. 26, 1999 through 9:00 pm, Saturday, December 31, 1999 pursuant to the provisions of Title 8, Chapter 22 of this code, except 8.22.020 Band 8.22.030 D. B. Applications and Permits: No application for a permit to sell fireworks in the time described in 8.22.011 A, shall be accepted after 12:00 noon on Friday, April 30, 1999.

c. site cleanup: All unsold stock, the fireworks stand, and any litter on any sales site shall be removed before January 5, 2000.

D. Sunset Clause: The city Council shall initiate action to rescind this ordinance at its first regular meeting in February, 2000.

Ordinance 349 shall be effective on April 1, 1999, which is thirty days after its final passage and adoption, and it shall be published by one insertion in The Dos Palos Sun, an adjudicated newspaper of record distributed within the City of Dos Palos, within fifteen days after its final passage.

After the first reading, Ordinance 349 was introduced, having been moved by Councilmember York, and seconded by Councilmember Montejano, at a regular meeting of the city Council of the City of Dos Palos held on February 16, 1999 and passed on a 3-0 vote, (Bonds and Maiorino absent). The second reading of Ordinance 349 was held at a regular meeting of the city Council of the City of Dos Palos on March 2, 1999. Councilmember York moved and Mayor pro Tempore Bonds seconded a motion to adopt Ordinance 349 and it was adopted on a 5-0 vote of the m_embers present as follows: AYES: Westlake, Bonds, Maiorino, York and Montejano. NOES: None. ABSENT: None. ATTEST:

estlake, Mayor Alice Thompson~ ity Clerk

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8.24.010

Chapter 8.24 8.24.030 Street tree plan.
All trees and shrubs planted in any public
parking strip or other public place in the city shall
TREES* conform as to species and location with the rec-
ommendation of the Saratoga Horticultural

Sections: Foundation or to the street tree plan of the city,

8.24.050 Prohibited trees. In all portions of the city where the curbs,

unlawful for any person to plant any trees or 8.24.070 Nuisance-Removal. shrubs on private property within three feet of 8.24.080 Removal-Permission required. the edge of such sidewalk that borders on private 8.24.090 Removal of mistletoe- property. (Ord. 95 § 5, 1959) Required.

It is unlawful to plant in any public parking abate. strip the following trees: Acacia. black walnut, 8.24.120 Removal of mistletoe-Cost eucalyptus, elm, palm, poplar, tree of heaven, collection. conifers, sycamore. It is unlawful to plant willow, 8.24.130 Removal of mistletoe-Owner- cottonwood or poplar trees anywhere in the city city agreement. unless the superintendent of streets approves the 8.24.140 Abuse or mutilation. site as one where the roots will not interfere with 8.24.150 Appeals. a public sewer. (Ord. 95 § 6, 1959) 8.24.160 Liability ofdty.

The superintendent of streets, or his duly *For statutory authority for cities to declare what constitutes a authorized representative may cause to be nuisance. see Gov. Code§ 38771: for provisions for abatement of nuisances. see Gov. Code§§ 38773 and 38773.5: for provisions trimmed, pruned, or removed, any trees, shrubs, for weed abatement. see Health and Safety Code§ 14875 et seq. plants or vegetation in any parking strip or other public place, or may require any property owner ' to trim, prune or remove any trees. shrubs, plants8.24.010 Enforcing authority. or vegetation in any parking strip abutting upon The superintendent of streets, or his duly said owner's property, and failure to complyauthorized representative shall be charged with therewith after fifteen days' notice by the super-the enforcement of this chapter. (Ord. 95 § 2, intendent of streets shall be deemed a violation of1959) this chapter. (Ord. 95 § 7, 1959)

No trees or shrubs shall be planted in or Any tree or shrub growing in a parking strip or removed from any public parking strip or other public place or in private property which is public place in the city without the permission of endangering or which in any way may endanger the superintendent of streets. (Ord. 95 § 3, 1959) the security or usefulness of any public street,

119

8.24.070

sewer, sidewalk, or the full and safe operation of remove and destroy the same within a period of public utility wires, is declared to be a public ten days. If, at the end of said period designated nuisance, and the city may remove or trim such in the notice, said owner has failed to comply trees, or may require the property owner to with such notice, the superintendent of streets remove or trim any such tree on private property shall cause the mistletoe to be removed and or on a parking strip abutting upon said owner's destroyed from said property and the expense of property. Failure of the properly owner or his such work shall be charged to the owner of said duly authorized agent to remove or trim such property. (Ord. 113 (part), 1961: Ord. 95 § 9.2, tree after fifteen days' notice by the superinten- 1959) dent of streets shall be deemed a violation of this • chapter, and the superintendent of streets may 8.24.110 Removal of mistletoe-Entry to then remove or trim said tree. Nothing contained abate. in this chapter shall be construed as limiting the The superiritendent of streets, his assistants right of any public utility to remove or trim trees and designated employees of the city or a private which, in its opinion, endanger the safe opera- contractor employed for the purpose may enter tion of its wires, poles and appurtenances. (Ord. upon private property to perform the duties of 95 § 8, 1959) eradication of mistletoe imposed by Section 8.24.090. (Ord. 113 (part), 1961: Ord. 95 § 9.3,

No person, firm; or corporation shall cut, trim, prune, plant, remove, injure or interfere 8.24.120 Removal of mistletoe-Cost with any tree, shrub or plant upon any street, collection. park, pleasure ground, boulevard, alley or public Upon completion of the work ofremoval and place of the city without prior permission and destruction of mistletoe, the city clerk shall approval therefor from the superintendent of notify the owner of the real property in writing of streets. The superintendent of streets is autho- the expenses of such work and request payment rized to grant such permission in his discretion therefor within •thirty days of the date of the and where necessary, subject to the condition notice. If such owner fails or refuses to pay to the that the removed tree be replaced by an official city the amount of such expense within said tree in conformity with the "Street Tree Plan." period of thirt:y days from the date of such notice, No such permission shall be valid for a longer the amount shall become a charge against ,the period than thirty days after its issuance. (Ord. 95 real property involved and shall be in the nature § 9 (part), 19 59) of a special assessment collectable by the city, if necessary, through small claims court or judicial

district court action. (Ord. 113 (part), 1961: Ord.

Every owner ofreal property within the corpo- 95 § 9.4, 1959) rate limits of the city shall keep such real property free and clear of all mistletoe. (Ord. 113 (part), 8.24.130 Removal of mistletoe-Owner-city 1961: Ord. 95 § 9.1, 1959) agreement. Any owner of property within the city and the

Upon failure of the owner of any real property the removal and destruction of mistletoe for a in the city to remove and destroy mistletoe from predetermined amount. In the event any such the property, such owner shall be notified by the property owner, after entering into such agree- superintendent of streets or the city clerk to ment and after the performance thereof by the

120

8.24.130

city, refuses to pay for said work as provided in uphold the decision of the superintendent of the agreement, then the amount promised to be streets, the property owner or his duly authorized paid shall be collectable in the same manner as agent, shall have ten days thereafter to comply that provided in Section 8.24.120. (Ord. 113 with such notice. (Ord. 95 § 11 (part), 1959) (part), 1961: Ord. 95 § 9.5, 1959)

It is a violation ofthis chapter to abuse, destroy deemed to impose any liability upon the city, its or mutilate any tree, plant or shrub in a public officers or employees, nor to relieve the owner of parking strip or any other public place, or to any private property from the duty to keep any attach or place any rope, wire (other than one tree, shrub or plant upon his property or under used to support a young or broken tree), sign, his control in such condition as to prevent it from poster, handbill or other things to or on any tree constituting a hazard or an impediment to travel growing in a public place, or to cause or permit or vision upon any street, park, pleasure ground, any wire charged with electricity to be placed or boulevard, alley or public place within the city. attached to any such tree, or allow any gaseous, (Ord. 95 § 11 (part), 1959) liquid or solid substances which are harmful to such trees to come in contact with their roots or 8.24.170 Violation-Penalty. leaves. (Ord. 95 § 10, 1959) Any person, firm, or corporation violating any of the provisions of this chapter or who causes,·

Appeals from directions and orders made shall be deemed guilty of a misdemeanor and under this chapter may be made by filing written upon conviction thereof shall be punishable by a notice thereof with the city clerk within ten days fine of not more than five hundred dollars or by after such direction and order is received, stating jail imprisonment for a period of not more than in substance that appeal is being made from such six months or by both said fine and imprison- direction and order to the council. The city clerk ment. Each such person, firm or corporation shall thereupon call such appeal to the attention shall be deemed guilty of a separate offense for of the council at their next regular succeeding every day during any portion of which any vio- meeting, at which meeting the appellant and the lation ofthis chapter is committed, continued or superintendent of streets may present evidence. permitted by such person, firm, or corporation Action by the council after such hearing shall be and shall be punishable therefor as provided in conclusive, and in the event the council shall this chapter. (Ord. 95 § 12, 1959)

121

8.28.010

Chapter 8.28 2. By their very nature, they are traditionally
located at prominent locations at major intersec-

ABANDONED SERVICE STATIONS tions and, therefore, are uniquely conspicuous and subject to vandalism when abandoned. Sections: 3. They have distinctive physical appearances

defined. 4. Abandoned service stations, the under-

used as service stations, due to the cost of replac-

"Service station" means automobile service condition. station, truck service station, and any other type 5. The unenclosed characteristic of service of vehicle service station. (Ord. 195 § l (part), stations invites vandalism, arson, and other fire 1977) hazards. B. Public Nuisance. Any abandoned service

station is declared a public nuisance which shall

"Abandoned service station" means any serv- be abated pursuant to the procedure pr?vided in ice·station, or any use converted from a service this chapter. station which has not taken down, dismantled, C. Abatement of Nuisance. and removed from the site all pumps, pump l. Initiation, Service and Posting. Upon dis- islands, signs, insignias, trademarks, their sup- covery of conditions indicating that a service porting structures, mountings, and foundations, • station may have been abandoned, the city and all other aboveground improvements which administrator shall cause a notice to be served are uniquely associated with service station oper- personally or by mail on the owner of the real ations; and which has not been open for business property on which the service station is located, for at least ninety eight hour days,· as a service at his address as disclosed on the last equalized station or such converted use, out of any one assessment roll on file in the assessor's office of hundred eighty consecutive days, commencing Merced County or as known to the city admin- after December 31, 1975. (Ord. 195 § l (part), istrator, and on the person, if any, occupying or 1977) otherwise, in real or apparent charge and control of the service station. The city administrator also

A. Purpose. It is determined that abandoned station. service stations warrant special consideration 2. Additional Service. The city administrator and regulation to promote the health, safety, and also shall cause the notice to be served on each of general welfare of the residents of the city, for the the following persons: the holder of any mort- following reasons: gage or deed of trust or other lien or l. They represent a degree of danger to life encumbrance of record; the owner or holder of and property due to the use and storage of flam- any lease of record; and the holder of any other mable and combustible liquids, or the hazardous estate or interest of record in or to the service accumulation of vapors in underground tanks station orthe real property on which such service and other containers after such liquids are station in located. The failure of the city admin- removed. istrator to make or attempt service on any person

122

8.28.030

who is required to be served pursuant to the ii. Conversion to another use pursuant to all provisions of this subsection, shall not invalidate applicable provisions of this code, or any proceedings under this chapter as to any iii. Removal of all buildings or structures, other person duly served. safeguarding or removing any flammable or 3. Time of Service and Posting. The city combustible liquid storage tanks, and cleaning of administrator shall cause the notice to be served the site, all pursuant to applicable provisions of and posted, pursuant to the provisions of this this code; section, at least fifteen days before the date of any e. A statement advising that, if the service hearing, as set in such notice. station is deemed a nuisance and if such nuisance 4. Proof of Service and Posting. Proof of serv- is not abated within the time stipulated, it will be ice or posting of the notice shall be documented, abated by the city, and the cost of abatement will at the time of service or posting, by a declaration, be assessed on the land from which the nuisance under penalty of perjury, executed by the person is removed, and will constitute a lien on such effecting service or posting, declaring the time, land until paid; place and manner in which service or posting was f. A statement advising that the council's made. determination is final. 5. Contents of Notice. The notice shall con- 6. Hearing Procedure. The council's hearing tain the following: shall be conducted in accordance with the provi- a. The street address and a legal description sions of this code.sufficient for identification of the premises on 7. Findings, Decision and Order.which the service station is located; a. At the conclusion of the hearing, the coun- b .. A statement that the city administrator has cil shall consider the evidence presented anddiscovered conditions, and a description of such shall make written findings of fact, based on theconditions, indicating that the service station evidence, to support its decision and order.may.have been abandoned; b. The council shall decide whether or not the c. A statement of the date, time and place ofa service station is abandoned.hearing before the council, at which any inter- c. If the council decides that the service sta-ested person may appear to offer any relevant tion is abandoned, it shall order that the publicevidence, and at the conclusion of which the nuisance be abated within a period of time. notcouncil shall decide whether or not the service less than sixty days nor more than one hundredstation has been abandoned; eighty days, as the council deems reasonable, d. A statement advising that, if the council commencing upon service of the council's writ-decides that the service station is abandoned, the ten findings, decision and order, on those per-council shall order that the public nuisance be sons identified in subdivision I of this subsection.abated within a period of time, not less than sixty days nor more than one hundred eighty days, as The council shall advise further that the public the council deems reasonable, commencing nuisance may be abated by any of the following upon service of the council's written findings of means: fact, decision and order on those persons identi- i. Reoccupation and reinstitution of a service fied in subdivision 1 of this subsection. The pub- station use pursuant to all applicable·provisions lic nuisance shall be abated by any of the of this code, or following means: ii. Conversion to another use pursuant to all i. Reoccupation and reinstitution ofa service applicable provisions of this code, or station use pursuant to all applicable provisions iii. Removal of all buildings or structures, of this code, or safeguarding or removing any flammable or

123

8.28.030

ef·') combustible liquid storage tank, and cleaning up of property after delinquency, shall be paid, ~ V the site, all pursuant to applicable provisions of when collected, to the controller, who shall place this code. the same in the abandoned service station fund. 8. Service of Findings, Decision and Order. iv. The public works director shall keep an The council's written findings of fact" and deci- itemized account of the net expense incurred by sion shall be served on those persons identified in the city in the work to abate the nuisance ofan subdivision I of this subsection. abandoned service station. Upon the completion 9. Finality of Decision and Order. The deci- of such work, the public works director shall sion and order of the counc-il is final unless a prepare and file with the city clerk a report spec- judicial review thereof is sought from an appro- ifying the work done, the itemized net cost of the priate court within thirty days after the decision work, a description bf the real property upon and.order is made. which the service station is or was located, the 10. Enforcement of Order. names and addresses of the persons entitled to a. If the public nuisance is not abated pur- notice pursuant to subdivision I of this subsec- suant to the council's decision and order, in addi- tion, and the amount of the assessment against tion to any other lawful procedure authorized by • each lot or parcel ofland proposed to be levied to this code, the city administrator shall enforce pay the cost of the work. Any such report may such decision and order in the following manner: include work on any number of buildings or i. The city administrator shall issue an order structures on any number of parcels of property, to the public works director to accomplish the whether or not contiguous to each other. following work: removal of all buildings or struc- v. Upon receipt of the report of the public tures, safeguarding or removing of any flamma- works director, the clerk shall fix the time and ble or combustible liquid storage tanks, and place when and where the council will hear and cleaning of the site, all .pursuant to applicable pass upon the report. The clerk shall cause notice provisions of this code. of the proposed assessment, as shown in the ii. The cost of the work shall be paid from the report, to be given in the manner and to the abandoned service station fund, a special revolv- persons specified in subdivision I of this subsec- ing fund which is hereby established. Payments tion. The notice shall contain a description of the shall be made out of such fund upon the demand property sufficient to enable the persons served of the public works director to defray the cost and to identify it, and shall specify the day, hour, and expenses which may be incurred by the city in place when the council will hear and pass upon causing the necessary work to abate the nuisance the report, together with objections or protests, if of an abandoned service station. any, which may be raised by any property owner iii. The council may at arty time transfer to liable to be assessed for the cost of such work, and the abandoned service station fund, out of any any other interested persons. The notice of the money in the general fund of the city, such sums hearing shall be given not less than fifteen days as it may deem necessary in order to expedite the prior to the time fixed by the clerk for the hear- performance of the work to abate the nuisance of ing, and shall also be published one time, at least an abandoned service station, and any sum so fifteen days prior to the date of hearing, in a daily transferred shall be deemed a loan to the aban- newspaper published and circulated in the city. doned service station fund, and shall be repaid vi. Any interested person may file a written out of the proceeds of the assessments provided protest with the city clerk at any time prior to the for in this chapter. All funds collected under the time set for the hearing on the report of the public proceedings provided for in this chapter, either works director. Each such protest shall contain a upon voluntary payments or as a result of the sale description of the property in which the person

124

8.28.030

signing the protest is interested, and the grounds described, and the same has not been paid nor of such protest. The city clerk shall endorse on any part thereof, and the said City of Dos Palos every protest the date and time of filing, and shall does hereby claim a lien on said real property pre$ent such protest to the council at the time set for the net expense of the doing of such work in for the hearing. the amount of such assessment, to-wit: the vii. Upon the day and hour fixed for the hear- sum of$,___ _, and the same shall be a ing, the council shall consider the report of the lien upon said real property until the suin has public works director, together with any protests been paid in full and discharged of record. which have been filed with the city clerk as pro- The real property hereiriabove mentioned, vided in this section. The council may make such and upon which a lien is claimed, is that cer- revision, correction, or modification in the tain parcel of land lying and being fo. the City report as it deems just, and when the council is of Dos Palos, county of Merced, State of Cal- satisfied with the correctness of the assessment, ifornia, and particularly described as follows: the report and proposed assessment, as submit- ted or as revised, corrected or ·modified, shall be (Description) confirmed. The decision of the council on the Dated: This day of __ , 19 report and the assessment, and on all protests shall be final and conclusive. The council may adjourn the hearing from time to time. City Administrator viii. The validity of any assessment levied City of Dos Palos. under the provisions of this section shall not be x. Immediately upon the recording of the contested in any ·action or proceeding, unless notice of lien, the assessment shall constitute a such action or proceeding is commenced within lien on the real property assessed. Such lien shall thirty days after the assessment is confirmed by enjoy the same priority as a lien for state, county the council. and city taxes. ix. Immediately upon the confirmation of the xi. (A} The notice oflien. after recording, shall assessment by the council, the city administrator be delivered to the auditor of Merced County, shall file in the office of the county recorder of who shall enter the amount thereof on the county Merced County, a certificate, in substantially the assessment book opposite the description of the following form: particular property, and the amount shall be col- lected together with all other taxes thereon NOTICE OF LIEN against the property. The notice of lien shall be Pursuant to the authority vested in the City delivered to the auditor before the date fixed by administrator by the provisions of the Dos law for the delivery of the assessment book to the Palos Municipal Code, the City Administrator county board of equalization. did on or about the day of ____ _ (B) Thereafter, the amount set forth in the 19 __ , cause on the property hereinafter notice oflien shall be collected, at the same time described, the removal of all buildings or and in the same manner as ordinary city taxes are structures, the safeguarding or removal of any collected, and shall be subject to the same penal- flammable or combustible liquid storage ties and interest and to the same procedure under tanks, and the cleaning up of the site, in order foreclosure and sale in case of delinquency as to abate a nuisance on such real property; and provided for ordinary city taxes. All laws applica~ . the Council of the City of Dos Palos did on the ble to the levy, collection and enforcement of city day of ____ , 19 , assess the cost of taxes are hereby made applicable to such assess- such work upon the real property hereinafter ment . .. ......,....··' 125

8.28.030

xii. No person shall obstruct, impede, or 1. All pumps, pump islands, signs, insignias,

interfere with any officer, employee, contractor, trademarks, their supporting structures, mount- or authorized representative of the city, or with ings, and foundations, and all other any person, whenever such officer, employee, aboveground improvements which are uniquely contractor, authorized representative of the city, associated with service station operations, shall or person is engaged in the work of abating the be taken down, dismantled, and removed from nuisance of an abandoned service station pur- the site. suant to the provisions of this section, or in per- 2. All gasoline storage tanks, fuel lines, forming any necessary act preliminary to or pumps, and other belowground apparatus incidental to such work. (Ord. 195 § I (part), related to the delivery or disposal of petroleum 1977) products, shall be excavated and removed from the site, or filled in accordance with the provi-

A. No service station shall be converted to adopted by the city. any other use unless such conversion is expressly 3. Upon the removal of the tanks, structures authorized by a conditional use permit issued and apparatus specified above, the converted pursuant to this code. service station site shall be resurfaced and land- B. A conditional use permit authorizing the scaped in a manner appropriate to the proposed conversion of a service station to any other use commercial or industrial use. (Ord 195 § I (part), shall be subject to the following requirements: 1977)

126

8.32.010

Chapter 8.32 8.32.030 Enforcement officer defined.
"Enforcement officer" means the fire chief
and shall include any offcial in the fire depart- NUISANCE ABATEMENT
ment duly appointed by the fire chief or city
manager to administer the provisions of thisSections: chapter. (Ord. 254 § 1 (part), 1982) 8.32.010 Definitions generally.

8.32.020 Abate defined. 8.32.040 Premises defined. 8.32.030 . Enforcement officer defined. "Premises" means any building, lot, parcel, 8.32.040 Premises defined. real estate or portion ofland, whether improved 8.32.050 Responsible person defined. or unimproved, including adjacent sidewalks 8.32.060 Weeds defmed. and parking strips. (Ord. 254 § I (part), 1982) 8.32.070 Enforcement agency.

8.32.060 Weeds defined. 8.32.140 Accounts and reports of costs. "Weeds" means all weeds growing upon 8.32.150 Notices or reports. streets, alleys, sidewalks or private property in 8.32.160 Hearings-Confirmation. the city and shall included any of the following: 8.32.170 Collection on tax roll. A. Weeds which bear or may bear seeds of a 8.32.180 Procedure not exclusive. downy or wingy nature; 8.32.190 Immediate danger-Summary B. Weeds and indigenous grasses which may abatement. attain such large growth as to become. when dry,

a fire menace to adjacent improved property;

For the purposes of this chapter, certain words dangerous; and phrases are defined and certain provisions D. Weeds which are a public nuisance of sea- are to be construed as set out in Sections 8.32.020 sonal and recuning nature, which include tum- through 8.32.060, unless it shall be apparent bleweeds and Russian thistle; and from the context that a different meaning is E. Accumulations of garden refuse, cuttings, intended. (Ord. 254 § 1 (part), 1982) and other combustible or noncombustible mate- rial. (Ord. 254 § l (part), !982)

"Abate" means and to repair, replace, 8.32.070 Enforcement agency. remove, destroy cir otherwise remedy the condi- The fire department shall have the jurisdiction tion in question by such means and in such man- to administer the provisions of this chapter. (Ord. ner and to such an extent as the enforcement 254 § l (part), 1982) officer, in his judgment, shall determine is neces- sary in the interests of the general health, safety 8.32.080 Nuisance authority to abate. and welfare of the community. (Ord. 254 § 1 It is unlawful for any responsible person to (part), 1982) keep or maintain premises under his control in a

127

8.32.080

condition detrimental to the public health, visible to the public. Nothing in this chapter shall safety, or general welfare. Each of the following prevent such storage when done in conjunction conditions is hereby declared to be detrimental with a construction project for which a building to the public health, safety, or general welfare permit has been issued and which is being pros- and thus constitutes a public nuisance: ecuted diligently to completion; A. The maintenance of premises in such a H. The existence of any fence or other struc- manner as to permit the same to become so ture or thing on private property abutting or defective, unsightly, or in such a condition of fronting upon any public street, sidewalk or deterioration or disrepair that the same causes place, which fence or other structure orthing is in appreciable harm or is materially detrimental to a sagging, leaning, fallen, decayed or other dilapi- proximal properties or improvements; dated or unsafe condition; and B. The maintenance of premises so out of I. Any other condition on or use of property harmony er conformity with the landscaping which constitutes a public nuisance as defined by and maintenance standards of adjacent proper- State law or which may be declared such by other ties as to cause substantial diminution in the laws of the City. .enjoyment, use, or property value of such adja- Whenever the enforcement officer shall deter- cent properties; mine that any of such conditions exist upon any C. The existence of any accumulation of premises, he may· require or provide for the wastepaper, hay, grass, straw, weeds, litter and abatement thereofin the manner provided in this other combustible or noncombustible materials chapter and make and the costs of such abate- upon the premises, or public sidewalks, streets or ment a lien upon the property. (Ord. 254 § I areas in front of such premises, or upon any roof (part), 1982) or in any building, entranceway, court or yard thereof; 8.32.090 Additional abatement procedures D. The existence of any branch or foliage relating to weeds. which interferes with the visibility on, or the free A. All owners or lessees of unimproved or use of, or access to any portion of any street improved real property within the city shall com- improved for vehicular or pedestrian travel or ply with the provisions of this chapter by discing, which interferes with access to any hydrant, harrowing, rototilling or manual labor on or alarm box, standpipe, sprinkler system, connec- before April 1st of each year, or by such other tion or any other appliance or facility provided date that may, on special occasions, be especially for fire protection purposes; declared by the council. After such date all such E. The storage or keeping on any premises of premises or parcels of real property shall be any abandoned and unidentifiable operable or declared a public nuisance and may therefore be inoperable automobile, trailer, house trailer, ordered abated as provided in this chapter. boat or other vehicle, or major part thereof, not B. In order to comply with the provisions of within an enclosed structure; subsection A of this section, the fire prevention F. The existence on any premises of any officer shall send to all owners or lessees ofunim- unused and abandoned open pipe, well or proved or improved real property within the city. excavation, building foundation, or building each year, a notice that such persons shall have which is abandoned, boarded up, partially until April 1st of such year, or until such other destroyed or unfinished and not properly date as may be specified by the council in any secured; given year, to rid their property of a condition G. The existence of unused building mate- which is considered one of hazardous fire poten- rials and packing boxes when stored in yards and tial. In such notification the owners or lessees of

128

8.32.090

such improved or unimproved real property fire condition by the fire prevention officer, the shall be informed that they can personally provisions set forth in subsections A, B, C and D accomplish such remedies or eradication of tire of this section shall be followed insofar as to the potential fire hazard, or that the city may assist eradication of the late maturity of weeds of a such persons on a cash basis, or that such owners seasonal nature. (Ord. 254 § I (part), 1982) or lessees shall have the privilege t9 contract with a private firm for the removal arid eradication of 8.32.100 Notices. such hazardous fire condition as earlier declared. If a condition exists as described in Section The property owner or lessee shall reply to such 8.32.080 of this chapter, and apart from the pro- notification to the fire prevention officer on or cedures described in Section 8.32.090 of this before March 1st, in which \llanner such person chapter, the enforcement officer shall cause any wishes to proceed to eradicate the potential haz- owner or other responsible person to be notified ardous fire condition. all work done shall be of the existence of such condition on the prem- completed by April !st of each year to the satis- ises and shall direct that such person shall abate faction and approval of the fire prevention such condition or appear before the enforcement officer. officer at a stated time and place and show cause C. As of April 1st of each year, should the why such condition should not be abated by the potential hazardous fire condition on the city at such person's expense. aforesaid described property not be eradicated The notice shall be substantially in the follow- pursuant to the provisions of subsection B of this ing form: section, the same shall be declared by the council as an immediate fire hazard and public nuisance, NOTICE TO REMOVE RUBBISH AND and the same shall be abated by the city, under its LITTER supervision, and all work thus done to era.dicate such hazardous condition shall be a cost to be (Name and address of such person notified) assessed as a lien upon the subject real property in the manner provided in subsection D of this As owner, agent. lessee, or other person section. occupying or having charge or control of the D. If the administrative costs and the costs of building, lot, or premises at------~ removal which are charged against the owner of a you are hereby notified that the undersigned, parcel of improved or unimproved real property pursuant to subsection ____ of Section within the city pursuant to the provision of sub- 8.32.090 of Chapter 32, Title 8 of the Dos section C of this section are noi paid within Palos Municipal Code_·______ _ ninety days from April 1st, such costs shall be You are hereby notified to abate said condi- assessed against the parcel ofland pursuant to the tion to the satisfaction of the undersigned provisions of Section 38773.5 of the Govern- within ten ( IO) days of the date of this notice or ment Code of the state and shall be transmitted to appear at the office of the __ to the tax collector for collection. Such assess- --------------- at ment shall have the same priority as other city ----'----Dos Palos. California, on taxes. ------~ 19__m., at __ o'clock, E. In each given year, the late maturity of and show cause, if any, why said condition weeds of a seasonal nature may require further should not be abated by the City and the eradication as may be determined by the fire expenses thereof charged to you as a personal prevention officer. Should such condition occur, obligation and/or made a lien upon said build- and the same be determined to be a hazardous ing or grounds.

129

8.32.100

Date....·------ enforcement officer may hear rebuttal testimony
on behalf of the city. If, at the conclusion of such
Fire Chief, City of Dos Palos hearing, the enforcement officer is satisfied that By________ _
such condition exists and concludes that it
should be abated at the expense of such· person,
Abatement is to be accomplished in the the enforcement officer shall so advise such per-
following manner: ________ _ sons attending the hearing, either orally or in
writing. In the event any person given notice of
the hearing, as shown by the evidence of mailing,

(Ord. 254 § 1 (part), 1982) shall fail to appear at such hearing, then as to him such evidence of mailing shall, without the tak-

A copy of the notice provided for in Section the existence of facts in support of such conclu- 8.32.100 of this chapter shall be sent to the owner sion, and no notice of such conclusion. of the and may be sent to any other persons sought to be enforcement officer need be given to any such charged with the responsibility of abatement. person failng to appear. The property owner may The notice shall be sent by mail, postage prepaid have the right to apply to the council, at its next and addressed as follows: regular meeting, for an appeal of such decision, A. To the Owner. As such person's name and and such application for appeal shall be made address appear on the last equalized assessment • within five days after the enforcement officer's roll of the county or as known to the enforcement written notice of decision. The hearing pro- officer or the person authorized by the enforce- cedure to be taken by the council shall be· the :(-,, ment officer to give such notice; and same as provided for the hearing to be conducted i,,~j B. To any Other Such Person. As such per- by the enforcement officer, and the decision of son's name and address are known to the the. council shall be final. (Ord. 254 § 1 (part), enforcement officer or the person authorized by 1982) • him to give notice. The person giving such notice shall file a copy 8.32.130 Abatement by city. thereof in the office of the enforcement officer, In all cases where the enforcement officer has together with an affidavit pr certificate stating the determined to proceed with abatement. then on time and manner in which·such notice was given. the day following the date fixed for such hearing The failure of any owner or any other person to or, if the matter has been •continued by the receive such notice shall not affect in any manner enforcement officer, the day following the con- the validity of any proceedings taken pursuant to clusion thereof, the city shall acquire jurisdiction the provisions of this chapter. (Ord. 254 § 1{part), to abate such condition at such person's expense 1982) as provided in this chapter. Any property awrier or responsible person shall have the right to abate

At the time fixed in the notice, the enforce~ at his own expense, provided such condition has ment officer shall hear testimony offered on been· abated prior to the arrival of the enforce- behalf of the person sought to be charged which ment officer or his authorized representatives to testimony tends to show why such condition do so. If the procedures provided in Section should not be abated and the expense thereof 8.32.090 of this chapter relating to the eradica- charged to such person as a civil debt and/or tion of the condition by the property owner have made a lien upon the buildings or grounds. The been complied with at the property owner's

130

8.32.130

................... ,,, expense, the enforcement officer or his autho- within said City, a copy of which is posted on rized representatives will have no further juris- the bulletin board at the entrance to the City diction to abate such condition. (Ord. 254 § 1 Hall. (part), 1982) NOTICE IS FURTHER GIVEN that on -------·,- 19_ , at the hour of 8.32.140 Accounts and reports of costs. 7:00 p.m., in the Countjl Chambers of said The enforcement officer shall keep an account City Hall, said report and assessment list will of the cost of abating such nuisance and embody be presented to the city council of said City for such an account in a report and assessment list to consideration and confirmation, and that any the council, which shall be filed with the city and all persons interested, having any objec- clerk. Such report shall refer to each separate lot tions to said report and assessment list, or to or parcel ofland by description sufficient to iden- any matter or thing contained therei~ may tify such lot or parcel, together with the expense appear at said time and place and be heard. proposed to be assessed against each separate lot or parcel ofland. (Ord. 254 § 1 (part), 1982) Dated_·_____ _

The city clerk shall post a copy of such report City Clerk and assessment list on the bulletin board near the City Of Dos Palos entrance to the City Hall, together with a notice (Ord. 254 § 1 (part), 1982) or the filing thereof and of the time and place when and where it will be submitted to the coun- 8.32.160 Hearings-Confirmation. cil for hearing and confirmation, notifying prop- ' At the time and place fixed for receiving and erty owners that they may appear at such time considering such report, the council shall hear and place and object to any matter contained the same, together with any objections which therein. A like notice shall also be published may be raised by any of the property owners twice in a newspaper of general circulation, pub- liable to be assessed for the work of abating such lished and circulated within the city. The posting nuisance, and the enforcement officer shall and first publication of such notice shall be made attend such meeting with his record thereof, and, and completed at least ten days before the time upon such hearing, the council may make such such report shall have been submitted to the modifications in the proposed assessments there- council. Such notice, as so posted and published, for as it may deem necessary. after which such shall be substantially in the following form: report and assessment list shall be confirmed by resolution. , The amount of the cost of abating such nui- NOTICE OF HEARING ON REPORT sance upon, or in the front or rear of. the various AND ASSESSMENT FOR RUBBISH AND lots or parcels of land respectively referred to in LITTER ABATEMENT such report shall constitute special assessments against such respective lots or parcels of land NOTICE IS HEREBY GIVEN that on and, after thus made and confirmed, shall con- -------, 19__ , the Enforce- stitute a lien on such property for the amount of ment Officer of the City of Dos Palos filed with such assessments until paid. the City Clerk of said City a report and assess- Administrative charges amounting to twenty ment on abatement of rubbish and litter, percent of the total cost shall be added to the

131

8.32.160

gross cost of abatement as ordered. In the event 8.32.180 Procedure not exclusive. the assessment by this chapter is placed on the tax The procedure provided in this chapter shall roll, an additional charge of ten percent of the be cumulative and in addition to any other pro- ---totaJ_assessmen_t, but not exceeding one hundred cedures provided in the laws of the city or by state dollars, shall be added to the charge and assess- lawsfor tlie a6afemenn>fany-of-the conditions - ment. (Ord. 254 § l (part}, 1982} described in this chapter, and abatement pur- suant to the provisions of this chapter shall not prejudice or affect any other action, civil or crim- 8.32.170 Collection on tax roll. inal, for the maintenance of any such condition. After the confirmation of the report, a copy (Ord. 254 § 1 (part}, 1982} shall be given to the director of finance who may receive the amount due on the abatement cost and issue receipts at any time after the confirma- 8.32.190 Immediate danger-Summary tion and until a list of unpaid assessments shall be abatement. given annually to the county auditor for effecting Whenever any condition on or use of property collection on the tax roll at the time and in the causes or constitutes, or reasonably appears ·10 manner of ordinary municipal taxes. The cause or constitute, an imminent or immediate descriptions of the parcels reported shall be those danger to the health or safety of the public, or a used for the same parcels on the county assessor's significant portion thereof, any enforcement map books for the current year. All laws and officer, or his authorized representative, shall

• ordinances applicable to the levy, collection and have the authority to summarily and without enforcement of city taxes are hereby made notice abate such condition or use. The expenses applicable to such special assessment, and the of such abatement shall become a lien on the lien of such assessment shall have priority of the property and be collectible as provided in Sec- taxes with which it is collected. (Ord. 254 § l tions 8.32.140 through 8.32.070 of this chapter. (part), I 982} (Ord. 254 § 1 (part}, 1982) ' <=) 132

8.16.010

Chapter 8.16 city, to remove, discontinue, or abate the same has been served upon such person addressed to his place NUISANCES* of residence or to the address of the premises if his residence is unknown, is guilty of a misdemeanor, Sections: punishable in accordance with the general penalty

• For statutory authority for cities to declare what shall constitute a nuisance, see Gov. Code § 38771; for provisions regarding abate- ment of nuisances, see Gov. Code §§ 38773 and 387735.

Anything which is injurious to tl!e healtl!, or is indecent, or offensive to the senses or an obstruction of the free use of property, so as to interfere with the comfortable enjoyment of life or property by the residents of the city or the neighborhood thereby affected, is declared to be a public nuisance. (Ord. 18 § 3, 1938)

Any act which affects the entire community or neighborhood, or any substantial number of persons as specified in Section 8.16.010, is not to be deemed less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal. (Ord. 18 § 4, 1938)

Every person who maintains or commits any public nuisance within the city, the punishment for which is not otherwise prescribed, or who wilfully omits to perform any legal duty relating to the re- moval of a public nuisance, is guilty of a misde- meanor. (Ord. 18 § 2, 1938)

Every person who maintains, permits, or allows a public nuisance to exist upon his property or pre- mises, and every person occupying, renting or leas- ing the property or premises of another who main- tains, permits or allows a public nuisance to exist thereon, after reasonable notice in writing, from the

116-3 (Dos Palos 9-98)

tc,,,-'j l