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HomeMy Public PortalAboutOrd. 0074ORDINANCE N0. 74 AN ORDINANCE REQUIRING THE R MIOVAL FROM PROPERTY, LANDS AND LOTS IN THE CITY OF. LYNWOOD OF DRY AND DRYING WEEDS RUBBISH AND OTHER PriATERIALS WHICH MAY ENDANGER OR INJURE NEIGHBORING PROPERTY OR THE HEALTH OR WELFARE OF RESIDENTS OF THE VICINITY, AND MAKING THE COSTS THEREOF A LIEN AND CHARGE UPON SUCH PROPERTY, LANDS OR LOTS: DECLARING SUCH PROVISION FOR THE ENFORCE- MENT OF SUCH LIENS BY 'TILE' SALE OF SUCH PROPERTY, LANDS OR LOTS. The Board of Trustees of the City of Lynwood does ordain as follows: - Section 1. The said Board of Trustees does hereby determine that the existence in the City of Lynwood of dry and drying weeds, rubbish and waste material on property, lands or lots are dangerous and injurious to property neighboring to such property, lands or lots and detrimental to the welfare of residents of the vicinity; and such weeds, rubbish and waste material are hereby declared to be public nuisances. Section 2. The public nuisances defined in Section 1 of this Ordinance shall be abated as follows: 'It is hereby declared to be the duty of the Chief of Fire- Department of the City of Lynwood, whenever requested so to do by the Board of Trustees of the City of Lynwood, to make .a careful examination of all property, lands or lots in the City of Lynwood to ascertain and he shall ascertain whether there exists on any . of such property, lands or lots, in the City of Lynwood, and dry or drying weeds, rubbish or other waste materials which may en- danger or injure the property.neighboring on such property, lands or lots; by causing or spreading fires and said Chief of the Fire Department shall, without delay, make a written report to the Board of Trustees of the City of Lynwood of his findings in the premises, and said Chief shall set down in his said written report the description of any such property, lands or lots by number and tract upon which he finds to exist any such weeds, rubbish or other waste materials, designating such property, lands or lots by the appropriate number and tract of the same, and also desig- nating therein the nature of such nuisance whether there exists on property, lands or lots, dry or drying weeds, rubbish or other waste materials or all of the same, which may be dangerous as aforesaid stating the condition of each lot or other land separately. On the receipt of such written report the Board of Trustees of said City shall pass and adopt a resolution requiring all owners or occupants of the lots or lands described in such report to show cause before said Board on a day and hour to be fixed in said resolution, (which day shall be not less than ten days from the passage of said Resolution" why such weeds, rubbish or other waste materials so existing on such property, lands or lots as described in such written report should not be at once abated and removed ,as a public nuisance, a description of each lot on which such weeds, rubbish or other materials may exist, as shown in said written report of the Chief of Fire Department, shall be inserted in said resolution; and the name of the owner or occupant of such property, land or lot need not be stated either in such written report .or in said resolution but in this'behalf; the' said Reso- ' lution shall merely '.require,.generally,.that any and all owners or. occupants of the designated property, land or lot shall shove cause as aforesaid., but a£ter'the number of each lot, land or other•property as the same appears ' in such Resolution shall be written the words "Vleed.s " , "Rubbis", or "Waste Materials ". The Board of Trustees shall cause the said Resolution to be published by one insertion in a newspaper of General circulation, printed,' " published and circulated in said City of Lynwood. Tvo.other or further notice need be given of -the said Resolution or'other'.time of the hear the order to show cause contained therein. Section 3�. No written appearance at the time' designated as ,the., time in 'said, Resolution need be.mad:e'by:any'.owner . or occupant of any property; land or lot designated.in'said Resolution; but ' any owner, occupant or other person interested may appear before r_said Board and make any statement he or she may desire, in regard to any of the property, land or lot .described,in said Resolution. After a' hearing of the matters involved in said Resolution the Board of Trustees shall have.the power and it shall be its duty to declare a nuisance. to :`exist on any of the said land, property or lots to order the removal of the, weeds, rubbish or other waste materials,'if any, found to exist on the several lots described 'in the said. Resolution or on any of them at the expense.of, the owner or occupant of the said several.aots;,and shall at once ..proceed to cause the abatement of the'said several nuisances, —either -by advancing the , necessary .money- -so to do -out of� the -•t G General Fund of'the City or.by Petting a contract so to do; such advance to be returned to the City from the'payment of the costs of such by the. owner or occupant,.,of property, lands or lots from which such : nuisance has been abated or upon the sale of the,property, land or lot, in case a.sale becomes necessary. The contract f.or,the doing of such work shall be let to. the lowest' responsible bidder therefor, after two weeks publication, as by 4. law,required. The •term' "bleeds" shall be deemed. to include grass, but not planted crops.- The hearing above provided for..shall be the only hearing given'to,the owners ` of such'propert.y on which such public, nuisances may exist,, When all of the several. nuisances described in said Resolution shall. be abated the -Board , ..of Trustees shall by Resolution so declare,;'and in this behalf shall.pass and adopt.a.Resolution.declaring, the fact of abate- ment of_the said. several nuisances',:and` setting forth therein the cost or charge against each of the properties, lands or lots upon which said. nuisances have been abated, separately; and said Board in said Resolution shall declare each of the sums of ex- pense to be a lien on each of the' 'Properties •lands or lots from which such nuisances have'been abated. The.saia Board shall with out delay pass said last mentioned resolution; and shall in said •last.named resolution fix a day and hour and place for the sale at`public auction of the property, lands'or lots which are.de -' linquent in not having paid the expenses of the aforesaid abatement of the' said nuisance which date of sale shall not be less .than thirty days or more than forty days from the passage of the last' named resolution. The.Board shall,cause said last named resolution to be.published twice in newspaper of'general:circulation, ` printed and, published in the City of Lynwood; and-shall cause a certified copy of said last named resolution to be.recorded in the Recorder's office of Los Angeles County, To the several items of expense or costs for the abatement of such nuisances shall be added to each sum so charged to each of said lands or.lots the sum of fifty cents to defray the expenses of . the publi- cations provided in this Ordinance and shall constitute a portion of each lien. Said last named resolution shall designate a'person or officer of said City to conduct such sale, and such person or officer shall at the time and hour sell at public sale-such land or lot upon which such several liens exist, or so much thereof as may be sufficient to realize the full amount of each lien, in- ,eluding therein the expense for;. and the City of Lynwood. may bid in'any of such land or,lots,`in case no other bidder bids at . such sale. The person or officer.conducting such,sales shall issue a certificate of "such sale to the purchaser thereof, and. all other proceeding in the premises'so far as the redemption' of the property sold shall be the same as the redemption of de- linquent taxes by the,dounty of Los Angeles, which prodeedings including the time when redemption can be made and the amounts of interest and penalties to be'paid are hereby expressly adopted for such purpose. All moneys, either paid by the owners or occupants to liquidate the expenses of the abatement of the nuisances herein provided.or to redeem land sold shall be paid into the Treasury of.th'e City of Lynwood, and placed in a separate fund to be known as the "Abatement of Nuisances Fund" and may be withdravin there - from on the order of the Board of Trustees. The certificate of sale above provided for shall recite the.fact that, -the particular lot.sold was sold on':the date of such sale'to the purchaser, naming him or her with the post office address of such purchaser and shall describe briefly, the land or lot sold and: the sum for which it was sold, and shall state that such sale was had under the order of-sale under the prodisions of the Resolution (giving the number thereof), and shall refer to said Resolution for further particulars. Section 4, This Ordinance -shall take effect immediately . upon its final passage and approval by the President `of the Board of Trustees of the City of Lynwood. Section 5. The reason why this ordinance is made to take effect as in the preceeding section provided is because the . present existence of weeds, rubbish and other waste materials is in the judgment of the Board. of Trustees of the City of Lynwood, a grave danger to buildings and homes in Lynwood, arising out of such weeds, rubbish and waste material, from fire throughout -- tb,e�City of Lynwood and therefore,.an is hereby de clared nd'this ordinance is hereby taken out'of the provisions of the Referendum, APPROVED: C, E. Greenamyer President of the Board of Trustees ATTEST: of the City of Lynwood, C. L. Stoddard City Clerk of Lynwood. Dated: October 13, 1926, CFRTIFICATE I, C. L. Stoddard, Clerk of the City of L,y"nwood, hereby certify that'the foregoing ordinance was, after being introduced, read three times and finally passed and adopted by the Board of Trustees of the City o£ Lynwood at a regular meeting of said Board held on'the 13th day of October, 1926 by the following vote: APES: Trustees Tweedy, Skelton, Rice, Murray and Greenamyer. NOES: None ABSENT: None C. L. Stoddard City Clerk,,Cityoof Lynwood.