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It is declared that each creek in the town and the free and unobstructed flow thereof is essential to the proper drainage of the town and to the protection of life and property in the town. Any weeds, trees, debris, rubbish, rank growth or thing whatsoever in any creek which at any time interferes with the free and unobstructed flow of water in the creek constitutes a public nuisance and is subject to summary abatement as provided by law or as provided in this chapter.
(Prior Code, § 8.24.020)
Every owner of property in the town shall, at all times, keep free and clear of weeds, trees, debris, rubbish or any other obstruction all creeks or portions thereof which flow upon, over or across the property of the owner, and the failure to do so shall constitute a misdemeanor.
(Prior Code, § 8.24.040)
(A) The Public Works Director shall ascertain whether any creek is being obstructed and may remove any such obstructions to creeks, and for that purpose may enter upon any private property in the town.
(B) The Director of Public Works may widen, straighten and deepen the channel in any creek in the town to such an extent as to provide a channel that will carry all water normally flowing in the creek during seasonal rains.
(Prior Code, § 8.24.050)
In addition to the provision for summary abatement in § 8.28.050 of any obstruction to a creek as a nuisance, and as a supplementary method of removal of same, the Town Council may, by resolution, declare any weeds, trees, dirt, debris, rubbish, rank growths or any other thing found in any creek to be a public nuisance. The resolution shall refer to the nature of the public nuisance and describe the property upon which the nuisance exists by giving the lot and block number or other description of the same, according to the official maps of the town, or the description on the assessment roll of the town used for describing property on tax bills. No other description shall be required.
(Prior Code, § 8.24.060)
(A) (1) After the adoption of any such resolution as provided in § 8.28.060, the Director of Public Works shall prepare three copies of a notice entitled “NOTICE TO ABATE NUISANCE,” which notice shall describe with reasonable certainty the nature, description and location of the nuisance, and shall contain a time and date when the owner of the property upon which the nuisance exists may appear
before the Town Council and show reason why such condition does not constitute a nuisance and is not an obstruction to any creek.
(2) Two of the notices shall be posted on the property described therein, and a third copy shall be mailed by registered mail, postage prepaid, to the person appearing upon the records of the Town Assessor as the owner of the property, at his or her last known address as shown by the records.
(3) The mailing and posting shall be done at least five days before the hearing.
(B) At the time and place stated in the notice, the Town Council shall hear all persons interested in the matter and consider all objections to the removal of any such nuisance or obstruction. Upon the conclusion of the hearing, the Town Council, by resolution, shall allow or overrule any or all objections, whereupon the Town Council shall be deemed to have acquired jurisdiction to proceed to order the removal of any such obstruction or the widening, deepening or straightening of any channel of any creek in the town. The decision of the Town Council on the matter shall be deemed final and conclusive.
(Prior Code, § 8.24.070)
After the hearing provided for in § 8.28.070, the Town Council may, by resolution, order the Director of Public Works to abate any such nuisance and remove any obstruction referred to in the proceedings, and the Director of Public Works and his or her deputies are expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to have any such obstruction or nuisance removed at his or her own expense, providing the same is done prior to the date set forth for the removal by the Director of Public Works or his or her representative.
(Prior Code, § 8.24.080)
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