Needles Municipal Code Art. 16 V Shavings, Straw

16-29 Accumulation Prohibited; Accumulation Declared Public Nuisance; Right Of Entry Of Fire Department 16-30 Abatement Procedure--Notice To Owner 16-31 Same--Appeal Of Notice To City Council; Council May Order City Manager To Act In Absence Of Owner Action 16-32 Same--Determination Of Costs Incurred By City To Abate Nuisance; Costs To Become A Lien On Property 16-33 Same--Summary Procedure For Urgent Public Nuisances 16-34 Interference, Obstruction, Prevention Of Enforcement Of Article

16-29 Accumulation Prohibited; Accumulation Declared Public Nuisance; Right Of Entry Of Fire Department

The accumulation of shavings, straw, sacks, bags, litter, weeds, dry grass, dead trees or shrubs or branches thereof, rubbish, used lumber or wood, or combustible waste or fragments of any nature or kind, in any yard, lot, or upon any premises within the city is hereby declared to be a public nuisance and dangerous to public health and the safety of the inhabitants of the city. Any employee of the fire department of the city shall have the right to enter upon private property to determine whether such a public nuisance exists. (Ord. 10-AC)

16-30 Abatement Procedure--Notice To Owner

The superintendent of the building and safety department, upon receiving written direction from the fire chief of the fire department, shall notify the owner, occupant or agent thereof, or person in charge or control of the property, each hereinafter referred to as “owner,” personally or by certified mail of such accumulation, and shall conspicuously post such notice in writing on any lot or premises upon which the fire chief determines after investigation that such public nuisance exists. Such notice shall bear a title with the following words “NOTICE TO CLEAN PREMISES” in letters not less than one inch in length and which shall, in legible characters, direct the abatement of the nuisance and refer to this article for particulars. Such notice shall require the owner to commence the abatement of such nuisance within five days and to complete such abatement within fifteen days from the date of the notice. Notices which are served personally or by certified mail shall be addressed to the owner of the property at the address shown on the last available assessment roll, or as otherwise known. (Ord. 10-AC)

16-31 Same--Appeal Of Notice To City Council; Council May Order City Manager To Act In Absence Of Owner Action

At any time within fifteen days from the date of posting and service of such notice, such owner may appeal the decision of the fire chief by filing an objection thereto in the office of the city clerk. At the next public meeting of the city council or on any date to which the hearing is continued, the city council shall hear and consider objection to the proposed abatement of such nuisance and shall approve or reject any objections. If objections have not been made or have been rejected, the city council, by motion, may find the existence of a public nuisance and may order the street superintendent to cause such nuisance to be abated by having the shavings, straw, sacks, bags, litter, weeds, dry grass, dead trees or shrubs or branches thereof, rubbish,

used lumber or wood, or combustible waste or fragments of any nature or kind, removed; provided that the owner shall first be allowed five days from the date of the order to remove and abate the nuisance at his own expense. The city manager may enter upon private property to abate the nuisance. (Ord. 10-AC)

16-32 Same--Determination Of Costs Incurred By City To Abate Nuisance; Costs To Become A Lien On Property

The city manager shall submit to the city council an itemized report of the cost of abatement of each separate parcel of land and shall post a copy thereof on or near the door of the council chamber at City Hall, at least five days prior to such submission.

The city council shall consider the report with any objections of the property owners liable to be assessed for the abatement, and shall confirm or modify the report by motion or resolution.

The cost of the abatement in front of or upon each parcel of land constitutes a special assessment thereon. After the assessment is made and confirmed it is a lien on such parcel and shall be collected in the manner provided in sections 39578 and 39584 of the Government Code of the state. (Ord. 10-AC)

16-33 Same--Summary Procedure For Urgent Public Nuisances

In the event of an “urgent” public nuisance, it shall be the duty of the fire chief of the fire department of the city to notify the owner of any lot or premises to abate the same of all shavings, straw, sacks, bags, litter, weeds, dry grass, dead trees or shrubs or branches thereof, rubbish, used lumber or wood, or combustible waste or fragments of any kind. Such notice shall be in writing and shall be delivered to such owner personally, or shall be conspicuously posted on such lot or premises and if such owner shall neglect so to do, for forty-eight hours after service or posting of such notice, then such chief shall cause such lot or premises to be cleared of all such shavings, straw, sacks, bags, litter, weeds, dry grass, dead trees or shrubs or branches thereof, rubbish, used lumber or wood, or combustible waste or fragments of any kind, and such nuisance to be abated, and the expense of such clearing, together with an inspection fee of not more than ten dollars, shall be a lien on such lot. The procedures to be followed with respect to the assessment of the foregoing expense and fee shall be the same as those set forth in section 16-32. The word “urgent” public nuisance as herein employed shall mean whatever is a menace to public health or safety or whatever constitutes a fire hazard under conditions which would be judicially determined to be a nuisance per se or a nuisance in fact or where the destruction or removal of the objectionable items is reasonably necessary under the circumstances to prevent immediate harm to the public. (Ord. 10-AC)

16-34 Interference, Obstruction, Prevention Of Enforcement Of Article

Any person, partnership, firm or corporation whether as principal, agent, employee, or otherwise, interfering, obstructing, or preventing or causing the interference, obstruction or prevention, of or with, the enforcement or performance of any of the provisions of this article by the fire chief or other authorized person shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment. (Ord. 10-AC)