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
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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"
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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,