Pomona Municipal Code § 46-506 Collection of fees on tax bill

All trees in planting strips in the city shall be watered as necessary by the owners of the property in front of which they are growing so that they do not become a hazard to public health, welfare and safety and dangerous to human life as a result of withering and dying and falling over due to lack of proper and regular watering. Failure to comply with this section is a nuisance.

(Code 1959, § 18-44; Ord. No. 1723, § 2)

State Law reference— Authority to define nuisance, Government Code § 38771.

All trees in planting strips of the city which are dying due to lack of water are determined to be hazardous to public health, welfare and safety and dangerous to human life and are hereby declared to be a public nuisance and hazard which, in public interest and necessity, requires that such nuisance and hazard be abated by procedures specified in this division.

(Code 1959, § 18-44.1; Ord. No. 1723, § 2)

The director of community services shall examine or cause to be examined all trees growing in the planting strips of the city. Where such examination reveals that a tree is withered or dying because of the lack of water, it shall be watered by the examiner without charge to the owner, and at the same time the following notice shall be securely fastened to the tree at eye level with the title in block letters one inch high:

"NOTICE BY CITY OF POMONA OF INTENTION TO COMMENCE WATERING SERVICE."

"The owner of this tree is hereby notified that this tree was examined by a representative of the parks division on the date indicated below and found to require immediate watering. The owner is further notified that such failure to regularly water a tree which is situated on front of his property and in a city planting strip (parkway or right-of-way) of the city is a direct violation of this Code and pursuant to this Code this tree was watered on the date below without charge but commencing ten days from the date this tree will be watered regularly as necessary by the city and a fee based upon the cost of water used, the construction of adequate basins around such tree, and the overhead costs of the assessment, shall be charged to the owner, unless the owner sets forth in writing to the director of community services, within ten days, by stating that he intends to properly and regularly water the tree.

Signed _____

Parks Division City of Pomona

Dated _____ ."

(Code 1959, § 18-44.2; Ord. No. 1723, § 2; Ord. No. 2675, § 18)

The parks division shall maintain a list of all trees which have been examined and posted pursuant to this division. A notice shall be mailed giving seven days' notice of the intention to commence watering service at the specified location, pursuant to this Code, to each person to whom any parcel of real property, in front of which the tree is growing, is assessed in the last equalized assessment roll available on the date the notice is mailed at the address shown on the assessment roll.

(Code 1959, § 18-44.3; Ord. No. 1723, § 2)

If no written statement or protest is filed with the director of community services within ten days of the original posting or within seven days of the mailing of the notice pursuant to this division, whichever date is later, regular watering of the tree as deemed necessary by the parks division to bring it out of a state of decline will be commenced and the owner charged for each watering as required. The fees or charges for each tree watering shall be those which the council may from time to time determine, fix and establish by resolution duly adopted by it. Such fees or charges may be changed by the council from time to time by resolution.

(Code 1959, § 18-44.4; Ord. No. 1723, § 2; Ord. No. 2675, § 19)

Under this division, where the property owner by written statement protests commencement of tree watering service by the city by setting forth that he intends to properly and regularly water the tree, the contemplated watering service will be withheld by the city pending faithful performance of the declared intention of the property owner. If any noncompliance is discovered during periodic inspections, watering service will be commenced without further notice, and a charge will be made for each watering as required.

(Code 1959, § 18-44.5; Ord. No. 1723, § 2)

The fees for the watering of trees pursuant to this division shall be charged to the owner of the land involved as a special assessment on the land and shall be a lien on the land until paid. The charges shall be collected on the tax roll in the same manner and by the same persons and at the same time as, together with and not separately from, general taxes. The director of community services is directed to prepare a written report and file it with the city clerk on or before July 15 each year. The report shall contain a description of each parcel of real property receiving such service and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed by resolution based upon this division.

(Code 1959, § 18-44.6; Ord. No. 1723, § 2; Ord. No. 2675, § 20)

The city clerk shall cause notice of the filing of the report provided for in section 46-602 and of a time and place of hearings thereon to be posted on the bulletin board in the foyer of the city hall at least five days prior to the date set for hearing.

(Code 1959, § 18-44.7; Ord. No. 1723, § 2)

At the time stated in the notice in section 46-503, the council shall hear and consider all objections or protests, if any, to the report referred to in the notice. Upon the conclusion of the hearing, the council may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination shall be final. Such charges may be collected pursuant to Government Code § 38775.2 or Government Code § 38773.

(Code 1959, § 18-44.8; Ord. No. 1723, § 2)

State Law reference— Nuisance abatement authorized, Government Code § 38773.

Following the final determination made pursuant to section 46-604, the city clerk shall file with the county auditor and tax assessor and collector a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the city council, and the auditor shall enter the amount of the charges against the respective lots or parcels as they appear on the current assessment roll. The amount of the charge shall constitute a lien against the lot or parcel of land against which the charge has been imposed.

(Code 1959, § 18-44.9; Ord. No. 1723, § 2)

Pursuant to this division, the tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the city and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

(Code 1959, § 18-44.10; Ord. No. 1723, § 2)