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HomeMy WebLinkAboutOrdinances - No. 200ORDIMANCE NO. DECLARING kLL OLD BUILDINGS OR STRUCTURES, WICH ARE DILAPIDATED BEYOND REPAIR, TO BE PUBLIC NUISANCES, AND PROVIDING FOR THE ABATEIENT OF SUCH NUISANCES. BE IT ORDAINED by the council of the City of Lodi as follows : Section 1. Every building or structure which has beeome so dilapidated from old age or neglect as to be a fire menace, or a breedllhg; place for rodents, or a likely resort for vagrant or dissolute persons, is hereby declared to be a public nuisance. Section 2. Thenever the Chief of Police shall find any building or structure so dilapidated as aforesaid, he shall give notice, in the manner hereinafter stated, directing the owaer thereof to appear before the city council at a stated time and show cause why such building or structure should not be condemned as a public nuisance and said nuisance be abated as herein provided. Said notice shall be headed "NOTICE TO ABATE NUISANCE" in letters of not less than three-quarters of an.inch in height, and shall ha substantially in the following form: NOTICE TO ABATE NUISANCE The owner of the dilapidated buildirg or stmcture situated at in the City of Lodi, is hereby notified to appear before the cit:r council at its meeting to be held , 19 . at the-Council, 'Chambers in the City Ball insaid City of Lodi, at the hour of 8 o'clock plm. or as soon thereafter as he may be heard, and show cause, if any he has , why said building or structure should not be con- demned as a public nuisance and said nuisance be abated by reconstructing or properly repairing said building or structure, or by razing or removing the same. Dated, Lodi. 19 . - Chief of Police. The Chief of Poliee shall post conspicuousl$ at least one copy of said notice on the building or structure sought to be so condemned;. iie shall also send another copy by registered mail (postage prepaid) addressed to the person who is named as the owner on the books of the City Assessor, in case the address of such person is known to him, but the failure to mail such notice or the failure of any owner to receive the same shall not affect in any manner the validity of any proceedings taken hereunder, providing said notice has been posted as hereinbefore mentioned, Said notice must be po'sted as aforesaid at least teh days before the time fixed for the hearing before the city council. - 1- ,. ... , . . .. shall file and manner Upon giving notice as aforestated, the Chief of Police an aff.idavit with the City Clerk certifying to the time in which the same was done. He shall also file there- with any receipt card which may have been mailed back to him in acknowledgement of the receipt of such notice by registered mail, providing he mailed said notice in addition to posting the same. Section 3. At the time fixed in said notice, the council shall proceed to hear the testimony of the Chief of Police and the testimony of the owner and other competent persons, respecting the condition of the building or structure sought to be condemned, and the estimated cost of its reconstruction, repair or removal, after which the council may condemn the same and order its razing or removal, or take such other action in the premises as they may deem advisable. The council may continue said hearing from time to time. Section 4. If the owner fails to appear at the time fixed for said hearing, or the time to which said hearing may have been continued, the council shall proceed to hear the testimony of' the Chief of Police and other competent persons respecting the condition of said building or structure, after which they may pass a resolution declaring said building or structure to be a public nuisance and directing the owner to abate said nuisance within thirty days from the passage of said resolution, by having said building or structure properly reconstructed or repaired, or by having the same razed or removed, and notifying him that if said nuisance is not so abated, said building or structure will be razed or removed by the Chief of ?olice and the expense thereof made a lien on the lot or parcel of land from which it was removed. Police shall post a copy thereof conspicuously on the building or structure so condemned, and mail another copy to the person named as the owner on the books of the City Assessor, if his address is known to him, after which he shall file his affidavit with the City Clerk certifying to the time and manner of posting a copy of said resolution and also as to the mailing of a copy in case a copy was mailed. any objections, or feeling aggrieved at any proceeding taken by the city council in condemning any such building or structure, must bring an action in a court of competent jurisdiction viithin thirty days after passage of said resolution to contest the validity of the proceedings taken by the council, otherwise all objections will be deemed waived. resolution declaring said building or structure a public nuisance as aforesaid, the Chief of Police shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building or structure so condemned and, unless the nuisance is abated by the owner or his agent in the meantime, the Chief of Police shall thereupon raze and remove the condemned building or structure or have the same done under his direction and supervision. Section 7. The lumber and any other materials contained in any such condemned building or structure shall be sold by the Chief of Police at public auction, after not less than five days notice thereof published in a newspaper of general circulation published and circulated in said city, either before or after said building or structure has been razed or removed, and the amount received from the sale of such lumber and materials shall be deducted from the expense of razing or removing the same, Upon the passage of said resolution, the Chief of Section 5. Any owner or other interested person having Section 6. Thirty days after posting a copy of the -2- Section 8. The Chief of Police shall keep an itemized account of the expenses involved in the razing or remova1,of the condemned building or structure, and deduct therefrom the amount received from the lumber and materials as aforesaid. He shall then post consipcuously on the property from which the building or structure was removed a verified statement of the gross and net expense of razin$ or removing the building or structure, together with a notice of the time and place when and where said statement shall be submitted to the city council for approval and confirma- tion. He shall mail another copy of said statement and notice to the person named as the owner on the books of the City Assessor, if his address is known to him, after which he shall file his affidavit with the city clerk certifying to the time and manner of posting such statement and notice, and also as to the mailing of a copy in case a copy was mailed. The time for submitting said statement to the council for confirmation shall not be less than five days from the posting of said statement and notice as aforementioned. Section 9. At the time fixed for hearing on the state- ment of expense the council shall consider the statement and such objections as may be offered against it, whereupon they shall modify, amend or confirm the same as submitted; provided, they may continue said hearing from time to time. When finally confirmed, the city :, clerk shall transmit a certified copy to the city assessor and another to the city tax collector. -" Upon final confirmation of said statement, the expense of abating such nuisance, less any money received from lumber or other materials as aforementioned, shall constitute a lien on the real property upon which the same was abated or removed, and the amount thereof shall be added to the next succeeding tax bill against said property, and shall be collectible at the same time and in the same manner as general municipal taxes are collected, and shall be subject to the same penalties and procedure in case of delinquincy. Provided that if the amount received from lumber or other materials should in any case exceed the expense of razing or removing such building or structure then, and in that event, such excess shall be depositied with the City Treasurer to the credit of said owner and be payable to him on demand. Section 10. For the purposes of this ordinance, the singular shall include the plural, and the masculine shall include the feminine and neuter. The word "owner" shall mean and include the person or persons owning the fee, or their agents, executors, administrators or guardians. The foregoing Ordinance was duly and regularly passed and adopted by the City Council of the Clty of Lodi, San Joaquin County, California, at a regular meeting.of said City Council duly and regularly held at the office and principal place of business of said City Council, to-wit, at the City Hall in said City of Lodi, on Konday November 20, - - - - - 1933, at the hour of 8:OO o'clock P.X. Of said day, by the following vote: AYES : Councilmen Keagle, Weihe, Clark and Steele (Mayor) NOES : Councilmen None. ABSENT: councilmen Spooner. -ax Approved, November 20,1933. said City of Lodi. Attest: Note: Introduced : November 6, 1933 Passed : November 20,1933 hblished : --a 1933 Affid-avit of Publication Filed : November __ 1933 . ,.