Chapter 9.06
MISTLETOE ABATEMENT
Sections:
9.06.010 Mistletoe prohibited.
9.06.030 Council hearing, action.
9.06.050 Hearing and notice on assessment.
9.06.010 Mistletoe prohibited.
Every owner of real property within the corporate limits of the City shall keep such real property free and clear of all mistletoe. No mistletoe shall be deposited, placed or dumped upon the public streets between property lines or in alley or parkway in the City.
9.06.020 Notice to abate.
A. Upon the failure of the owner of any real property in the City to remove and destroy such mistletoe from said property, the Director of Public Works, or such other official as may be designated by the City Council, shall give, or cause to be given, notice in the manner and in the forms specified in this chapter, requiring the removal and destruction of such mistletoe, and stating that unless such mistletoe is removed and destroyed without delay, the work will be done by the City authorities and the expense thereof assessed upon the lots, parcel and land from or on which such mistletoe was removed and destroyed.
B. The notice specified in subsection (A) of this section shall be substantially in the form:
NOTICE TO REMOVE AND DESTROY MISTLETOE NOTICE IS HEREBY GIVEN THAT:
Pursuant to the provisions of Title 9, Chapter 6 of the City Code of Newman, mistletoe growing or existing on private property must be removed and destroyed.
All persons owning any such property shall, without delay, remove and destroy all such mistletoe from their property or such mistletoe will be removed and destroyed by City authorities, in which case the cost of removal and destruction will be assessed upon the lots and lands from, or on which, such mistletoe was removed and destroyed, and such costs will constitute a lien upon the lots or parcels until paid and will be collected on the next tax roll upon which Municipal taxes are collected.
All property owners having objections to the proposed destruction and removal of mistletoe are hereby notified to attend a meeting of the City Council of the City of Newman to be held on __________, 20___, at ____ o’clock p.m., at which time and place all objections will be heard and given due consideration.
DATED: _________, 20____.
______________
C. Such notices shall be given in the manner set forth in this section:
1. The Director of Public Works, or such other official as may be designated by the City Council, shall cause a copy of said notice to be mailed by United States mail to the owner of the subject property as shown upon any City record, or upon the last equalized assessment roll or at his last known address, whichever he shall determine to be the best means of serving notice upon the actual owner. The failure of the owner to receive such notice shall not affect the power of the City or its officers or employees to proceed as provided in this chapter.
2. If the name and address of such owner does not appear on said assessment roll, or is not otherwise known to the Director of Public Works, he shall cause a copy of said notice to be conspicuously posted on the property affected.
3. Such notice shall be mailed or posted, as the case may be, not less than 10 days before the time fixed for a hearing upon objections as provided in subsection (B) of this section.
9.06.030 Council hearing, action.
A. At the time and place stated in the notice, the Council shall hear and consider any and all objections to the proposed removal and destruction of the mistletoe. The Council may continue the hearing from time to time. At the conclusion of the hearing the Council shall, by resolution, render its decision as to whether or not the removal and destruction of mistletoe from said premises is necessary. If it finds such a condition to exist, it shall overrule any or all objections. If it finds no such condition to exist, it shall allow such objections. The decision of the Council shall be final and conclusive.
B. After final action shall have been taken by the Council on the disposition of all objections, or, in case no objections shall have been received, the Director of Public Works or such other designated official, or his deputies, assistants, employees, contracting agents or other representatives are hereby expressly authorized and directed to enter upon said premises for the purpose of removing and destroying the mistletoe thereon.
9.06.040 Costs of abatement.
A. The Director of Public Works, or such other designated official shall keep an account of the cost of removal and destruction, including incidental expenses. The term “incidental expenses” shall include administrative overhead, the cost of printing, advertising and/or posting provided for in this chapter, the compensation of the person appointed by the City to take charge and superintend any of the work authorized under this chapter, the expenses of preparing and typing the resolutions, notices and other papers in proceedings for such work, and any other expenses incidental to the completion and inspection of the work.
B. Within a reasonable time after the conclusion of such removal and destruction, the Director of Public Works, or such other designated official, shall prepare and submit to the City Council for confirmation an itemized written report showing such costs. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expenses proposed to be assessed against each separate lot or parcel of land therefor respectively. The Director of Public Works shall also mail a statement of the expenses proposed to be assessed against any lot or parcel of land under the provisions of this chapter of each person to whom such property is assessed in the last equalized assessment roll prior to the date of mailing. Such mailing shall be made not later than 10 days prior to the time set for Council hearing of objections and to confirm such assessments and shall include notice of the time and place for which said hearing has been set. Failure of any record owner to receive such mailed statement and notice shall not affect the validity of any proceedings under this chapter.
9.06.050 Hearing and notice on assessment.
A. The City Clerk shall post on the bulletin board in the lobby of the City Hall a copy of the foregoing report and assessment list on the cost of the removal and destruction of the mistletoe, together with a notice of the time and place when and where it will be submitted to the Council for hearing and confirmation, notifying property owners that they may appear at such hearing and object to any matter contained therein. A like notice shall also be published once in a newspaper of general circulation published and circulated within the City. The posting and publication shall be made and completed at least 10 days prior to the date of such hearing.
B. The form of the notice of the hearing on the report and assessment, as provided in the preceding subsection, shall be substantially as follows:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR REMOVAL AND DESTRUCTION OF MISTLETOE
NOTICE IS HEREBY GIVEN that on _______, 20____, the Director of Public Works of the City of Newman filed with the City Clerk of the City a report and assessment on removal and destruction of mistletoe within the City, a copy of which is posted on the bulletin board in the lobby of the City Hall.
NOTICE IS FURTHER GIVEN that on the ______ day of _____, 20___, at the hour of ____ o’clock p.m., in the Council Chambers of the City Hall, said report and assessment list will be presented to the City Council for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list or to any matter or thing contained therein, may appear at said time and place and be heard.
DATED: _______, 20___.
_________________
City Clerk
C. At the time affixed for receiving and considering the report of the cost of the removal and destruction, the Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of such removal and destruction of the mistletoe. The City Council may modify the report or proposed assessments if, and in the manner it deems necessary. Such hearing may be continued from time to time. At the conclusion of the hearing, the City Council shall confirm the report and assessment list by resolution.
D. Upon confirmation of the report and assessment list, the City Clerk shall transmit a certified copy of the resolution, report and list to the County Assessor and to the County Tax Collector for entry upon and collection with the next tax roll upon which general municipal taxes are collected. Thereafter, such amounts shall be collected at the same time and in the same manner as general City taxes are collected and shall be subject to the same interest and penalty and the same procedure and sale in case of delinquency.
E. The cost of the removal and destruction of mistletoe of each lot or parcel of land shall constitute a special assessment against that lot or parcel. After such assessment has been made and confirmed, it shall constitute a lien upon such lot or parcel of the amount of such assessment, until paid.
9.06.060 Removal by contract.
The removal and destruction of mistletoe may, in the discretion of the City Council, be performed by private contract. In such event, the contractor shall keep the account and submit to the City an itemized, written record of cost of removal and destruction for each separate parcel of land as required by this chapter.
9.06.070 Owner to abate.
A. Any person owning, managing or having control, charge or occupancy of any such property shall have the right to destroy or remove such mistletoe, or to have the same removed or destroyed at his own expense, provided that the removal and destruction shall be done prior to the arrival of the Director of Public Works or his authorized representative.
B. Nothing contained in this chapter shall prevent the owner of property in the City from making agreements or contracts with the City through the Director of Public Works for the removal or destruction of mistletoe. The City, in said agreement, or contract, may provide for a reasonable amount to be paid by the owner of said property for the removal or destruction of mistletoe. In the event that said property owner, after entering into said agreement or contract, and after performance of the items thereof by the City, refuses to pay for said work as provided in said agreement or contract, then the work performed by the City and materials used for the removal or destruction of mistletoe shall become a special assessment against the property in the same manner as heretofore provided in cases where the owner of said property fails to remove or destroy the same. (Ord. 77-2, 2-8-1977; Ord. 281, 4-8-1975)