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Ordinance - 144ORDINANCE NO. 1 jtp'01' AN ORDINANCE OF THE CITY OF 1,MST COVINA REgUIRING ALL REAL PROPERTY, LOTS, AM SIDEWALKS IN THE SAID CITY TO BE KEPT CLEAN AND FREE FROM MEDS , DEAD TREES AND RUBBISH, FIXING A PENALTY FOR THE VIOLATION T?TREOF, AND REPEALING ORDINANCE NO. 104, AND ALL OTHER ORDINANCES IN CONFLICT THERE17ITH. The City Council of the City of West Covina do ordain as follows: • SECTION 1. , It shall be unlawful, and it is hereby declared unlawful~, for any person, association, or corporation whether as owner, occupant, or agent; to permit weeds of any kind whatsoever to grocer upon any lot, piece or parcel of real property in such .a manner as to overhang and/or encroach upon the street, sidewalk, or sidewalk space of any of the public streets in the City of West Covina. - SECTION 2. It shall be unlawful, and it is hereby de- clared unlawful, for any person, association, or corporation, whether as owner, occupant, or agent, to permit weeds which bear seeds of a wingy or downy nature and/or which attain such a large growth as to become a fire menace when dry and/or which are otherwise noxious or dangerous, on any lot, piece, or parcel of real property within the City of Hest Covina, owned, occupied, or controlled by such person, association or corporation.. SECTION 3. It shall_ be unlawful, and it is hereby declared unlawful, for any person, association, or corporation, whether as owner, occupant, or agent, to permit dead grass, or dead trees, or ,dead brush, or weeds, or -rubbish to exist or accu- mulate on any lot, or ruithin fifteen (16) feet of the public street on any piece or parcel= -of real property known as acreage, and not subdivided into town lots, and containing one or more acres in one parcel of real property ' within the said City, owned occupied, or controlled by him or it; and it shall be unlawful for any person, association or corporation, whether as owner; occupant, or agent, to throw, deposit, or place upon any lot, piece or parcel of real property? public side walk or street of said City, not ocrrned or occupied' by such person, association or corporation, any dead grass, dead trees, dead brush, weeds, trimmings from trees or shrubs, or rubbish. SECTION 4. 'Dead or dying trees, brush, neglected or abandoned crops or plants of such a nature as to become a fire menace when dry, or which dead or dying trees, brush, neglected or abandoned crops or plants because of the existence therein or thereon of pests or because of other conditions constituting a menace to the health, safety and general welfare of the City of -1- West Covina, or which are host plants of or provide a favo- rable and likely harbor for pests are declared nuisances. It shall be unlawful, and it is declared unlawful for ally person., association or corporation, whether as owner, occupant, or _agent to maintain or permit the same on any lot, piece or parcel of real property within the City of West Covina. Menever such nuisance exists, and Notice thereof has been served as 'herein provided, such nuisance shall be abated, and if such nuisance shall 'not have been abated within the time specified, then the Chief of Police shall cause said nuisance to be abated, and all. remedies which are or may be. given for 'abatement by this Ordinance shall apply thereto. • As used in this Ordinance, the word "pest" means any plant that is, or is liable to be dangerous or detrimental to the public health, safety and general welfare of the City of West Covina, -or any of the following: (a) Any infectious, transmissible or contagious diseases of plants. (b) Any form of animal life. (c) Any form of vegetable life id) Specifically included, but not exclusively of others, shall be "plant scale" and "red Spider." SECTION 5. Whenever any dead grass, dead trees, dead brush, trimmings from trees or shrubs or rubbish are permitted to exist or accumulate or tlhen weeds which bear seeds of a wingy or downy nature, or which attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, are permitted to mature in the manner as in this Ordinance described, on any lot, piece, or parcel of real property in said City, it shall be the duty of the __Chief of Police to give written notice thereof as hereinafter set forth to tkie owner or occupant of such lot, piece, or parcel of real property, if he or it be known; or if unknown, to the agent in control,' if he or it be known; and, in case the same is unoccupied or the owner is unknown and there is no known agent in charge thereof, then by posting said Notice conspicuously on such lot, piece, or parcel of real property. At least three (3) such notices shall be posted on each lot, and in each case, whether posted on a lot or on acreage, the Notices shall be. placed at least one for every 100 feet of frontage, but riot less than three (3) notices in all. SECTION 6. The written notices required to be posted shall be headed "Notice to Destroy Weeds and Dead Plants" - 2- and such heading to be in words not less than one inch in height and dubstanti ally in the following form: NOTICE TO DESTROY YPEEDS AND DEAD PLANTS. Notice is hereby given that pursuant to Ordinance No. 144 of the City of West Covina, and pursuant to a Resolution of the City of West Covina, passed on the day of declaring that noxious or dangerous • weeds, dead trees, brush, rubbish, trimmings,neglected ,or abandoned crops or plants upon or in front of the property on Street in the said City of ',rile st Covina, and more particularly described in said Resolution, and that the same constituted a public nuisance which must be abated by the removal of such noxious or dangerous weeds, dead trees, brush, trimmings, rubbish, or neglected or abandoned plants, otherwise they will be removed and the nuisance will be abated by the municipal authorities, in which case the cost of such removal will be assessed upon the lots and lands from which or in front of which such weeds, dead trees, brush, trimmings, rubbish, neglected or abandoned crops or plants were removed, and such cost will constitute a lien upon such lots or lands until paid.. Reference is hereby made to said Resolution and Ordinance for .further particulars. Notice is hereby given to all owners of property fronting upon the Street above named in front of which property such nuisance exists, to abate the same within ten (10) days from the date of this Notice by the removal of such weeds, dead trees, brush, trimmings or rubbish, neglected or abandoned crops or plants. Upon failure to abate the same as herein provided, such weeds, dead trees, brush,trimmings, rubbish, neglected or abandoned crops or plants will be removed by the municipal authorities of said City and the cost of suchh removal will be made a legal charge against the owner of the land abutting the Street on the side of the street,, on which said side said weeds, dead trees, brush, trimmings, rubbish or neglected or abandoned crops or plants, were removed, in favor of the City of West Covina, and said City may collect the cost of removing said weeds, dead trees, brush, trimmings, neglected or abandoned crcpsor plants, rr rubbish frorn the owner of said land by an action brought in the Recorder's Court of said City. Dated: this day of 194�. Superintendent of Streets in the City of West Covina. I SECTION 7. If, upon the expiration of ten (10) days after the posting of. the Notices required to be given , by Section 5 hereof, the owner or owners of- the real proper- ty upon the street named therein, in front of which such nuisance exists, fails or neglects to abate the same, it shall be the duty of the Superintendent. of Streets of the City* of Afest Covina to remove such weeds, dead trees, dead brush, trimmings, rubbish, or neglected or abandoned crops or plants. The Superintendent of Streets shall keep an account of the costs of abating such nuisance in front of each separate lot, piece or parcel of real property front- ing such street, including the cost of printing and posting of the Notices, and particularly specifying cost of abatement to be charged against st?ch ,separate lot; piece or parcel of real property. He shall file such statement of account with the City Council of the City of !Jest Covina, and such legislative body shall pay such costs out of the general fund of said City. The superintendent of streets thereupon shall send a Notice by mail to the said owners of said lot, piece or parcel of real property, from in front of which the said weeds, dead trees, dead brush, trim- mings, rubbish or neglected or abandoned crops or plants have been removed by the City of. West Covina, addressed 'to the street location where such piece, parcel or lot of real property is located, demanding the payment of the amount of the cost of removing said weeds, dead trees, dead brush, trim- mings', rubbish nor neglected or abandoned crops or plants; and if said owner does not pay the same within ten (10) days after the sending of said Notice demanding the payment of said costs of removal, then and. in that event, the City of West Covina may insti tote an action against said owner of land for collection at law of said costs of removal of weeds, J dead trees, dead brush It'rimmings, rubbish,or neglected or aban- doned crops or plants were removed; and that the costs of suit be added to the cost of said work; or the same will be reported to the County Assessor and the costs thereof as- ses,ed against, said lot, piece or parcel of real property, and be collected in the same manner as the taxes thereon are collected. SECTION 8. For the purpose of this Ordinance, in the absence of an otherwise official constituted, "Recorder's Court," the provisions of the City Ordinance designating the City Clerk as the ex-officio City Assessor and making pro- visions for a hearing before an acting Board of Equalization of the City of 'Nest Covina as proTrided in Ordinance 11, shall constitute the aforementioned "Recorder's Cot?rt." SECTION 9. If any section, sub -section, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the valid- ity of theremaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance, and each section, ,subsection, sentence clause, and phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases might- be declared unconstitutional. SECTION 10. Any person, firm or corporation, whether as owner, agent, servant or occupant, who shall fail to com- ply with the provisions of this Ordinance, shall be deemed guilty of a misdemeanor, in addition to other matters herein contained, and upon conviction thereof shall be punished by a fine 'not, exceeding $300.00 or by imprisonment in the County Jail of Los Angeles County for a term not exceeding ninety (90) days, or by both such fine and imprisonment. SECTION 11. Ordinance No. 104 of the City of 'ge st Covina is hereby repealed", and all provisions of Ordinances of the City of Test Covina inconsistent with the provisions Of this Ordinance are hereby repealed. TVIAYOR OF THE CITY OF V, EST COVIW4.' STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF 1AE'ST COVINA ) it Carey-S.. Hall, City Clerk of the City of trle st Covina, hereby certify that the foregoing Ordinance was adopt- ed by the City Council of the City of tale st Covina at the regular meeting of said Board on the day of .?y 4 F 1947, and signed by the Mayor of said City, and that the � Ordinance was adopted by the following votes: AYES: 9AT e-c4c.,, p eFk - J :,ts r 'C it- Paz %i ^&- NOES: N0ej P- ABSENT: CITY CLERK OF+ HE CITY WEST :OVINA. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF WEST COVINA ) I, Carey S. Hall, being first duly sworn, depose and say: That I am the City Clerk of the City of West Covina, and am a citizen of the United St tes and or the age of 21 1 ears. That on the I day of 20 1947, I posted three (3) copies of Ordinance No. of the City of West Covina, entitled: "AN ORDINANCE OF THE CITY OF VIEST COVINA REQUIRING ALL REAL PRCPERTY, LOTS, AND SIDEWALKS IN TPE SAID CITY TO BE IEPT CLEAN AND FREE FROM VE WDS, DEAD TREES AND RUBBISH, FIXING A PENALTY FOR THE VIOLATION THEREOF, AND REPEALING isORDINANCE NO. 104, AND ALL OTI-MR ORDINANCES IN CONFLICT THEREWITH." in three public -daces in said City, to -writ: one ir, front of the 'West Covina School Mouse; one in' front of the City Hall, at 361 West Garvey Boulevard, and one at the Northwest corner of Puente Street and LarkEllen Boulevard. r CITY C ERK Subscribed and sworn to before me this 0/its day of Ju�1947. Notary Public i, a_ for the County of Los Angeles, ate of California,