ORD-16-84 RESPONSIBILITIES OF THE FIRE MARSHAL AND DIRECTOR OF PUBLIC WORKS FOR WEED ABATEMENT AND RUBBISH CONTROLORDINANCE NO. 16-
84 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMEMDING CHAPTER 8.36
OF THE ORANGE MUNICIPAL CODE TO SET
FORTH RESPONSIBILITIES OF THE FIRE MARSHAL
AND DIRECTOR OF PUBLIC WORKS FOR WEED
ABATE-MENT AND RUBBISH
CONTROL.WHEREAS, in 1982, the City Council authorized the transfer
of the responsibility for weed abatement and rubbish control from
the Department of Public Works to the Fire Department;
and WHEREAS, Chapter 8.36 was amended by Ordinance No. 50-
83 to indicate the aforementioned transfer of
responsibility; and WHEREAS, actual practice indicates that the Director
of Public Works should be able to also exercise the power to declare
and post notices of nuisance and to take action to abate
conditions involv-ing trash, refuse and rubbish which are potentially
dangerous to the public health
and welfare.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN
AS FOLLOWS:
SECTION I:Chapter 8.36 of the Orange Municipal Code is hereby
amended by adding Sections 8.36.035 and 8.36.045 to read
as follows:8.36.035 Posting by Director of Public Works.
The Director of Public Works shall cause notices to be posted in
substantially the same manner as provided for the Fire Marshal in Section 8.
36.030.8.36.045 Nuisance-Form of Notice by Director of
Public Works. The form of notice used by the Director of Public Works
shall be substantially in the same form as shown in Section 8.36.040 as provided
for
the Fire
Marshal.SECTION II:Sections 8.36.050 and 8.36.060 are hereby amended
to
read as follows:8.36.050 Nuisance--Failure to Abate--
Lien A ainst Pro ert .If, after the expiration of fifteen 15
days after the posting of notice, in accordance with Section 8.36.030 or
8.36.035 such person fails to abate the nuisance, the Fire
Marshal or the Director of Public Works shall do so, and the
cost thereof shall be charged against such person and the cost shall
constitute a lien
8.36.060 Nuisance--Failure to Abate--Foreclosure
of Lien.The lien may be foreclosed by an action brought by the
Fire Marshal,Director of Public Works, or the City Attorney in the name
of the City in a court having jurisdiction thereof, or the
cost thereof may be deemed a debt due the City and collected by an
action at law in any court of competent jurisdiction, and the City
may use in the collection of the same such provisional remedies
as are provided for by California Government Code Sections 39577
et seq.
SECTION III:A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be posted in the
Office of the City Clerk at least five (5) days prior to the City
Council meeting at which this Ordinance is to be adopted. A summary of
this Ordinance shall also be published once within fifteen (15) days
after this Ordinance's passage in the Orange City News, a newspaper
of general circulation. published and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a certified
copy of the full text of such adopted Ordinance along with the names
of those City Council members voting for and against the Ordinance
in accordance with Government Code Section 36933. This Ordinance shall
take effect thrity (30) days from ~nd after the date of its
final passage.ADOPTED this
27th
1984.ATTEST:c~
l~range STATE
OF CALIFORNIA )COUNTY OF
ORANGE ) SS CITY
OF ORANGE )I, MARILYN J. JENSEN, City Clerk of the City of
Orange, California,do hereby certify that the foregoing ordinance was introduced
at the regular meeting of the City Council held on the 20th
day of March , 1984, and thereafter at a regular meeting
of said City Council duly held on the 27th day of ~
Iarch , 1984,was duly passed and adopted by the following vote,
to wit:AYES: COUNCILMEN: StIITH, BARRERA, MAYOR BEAM,
PEREZ, BEYER NOES:
COUNCILMEN: NONE ABSENT:
COUNCILMEN: NONE ci~jK~
h{1i~ORD NO. 16-84 -