Chapter 8.30 — WEED AND LITTER ABATEMENT

Sections:

8.30.010 Definitions

8.30.020 Litter on Occupied Private Property

8.30.030 Owner to Maintain Premises Free of Litter

8.30.040 Litter on Vacant Lots

8.30.050 Clearing of Dangerous Litter from Open Private Property; Summary Proceeding

8.30.060 Sidewalk and Parkway

8.30.070 Noxious Growth

8.30.080 Notice Requiring Removal of Noxious Growth or Litter, or Fencing of Property

8.30.090 Notice Form

8.30.100 Hearing

8.30.110 Abatement Order

8.30.120 Service of Order

8.30.130 Abatement by City

8.30.140 Cost Recovery

8.30.150 [Repealed]

8.30.160 [Repealed]

8.30.170 [Repealed]

8.30.180 Violation a Public Nuisance

A. “City Officer” shall mean the City Manager or a designated representative with respect to all public places and the Code Enforcement Officer with respect to all private property.

B. “Litter” shall mean garbage, refuse, and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

C. “Private Premises” shall mean any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

D. “Rubbish” shall mean non-putrescible solid wastes consisting of both combustible and non-combustible wastes such a paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, metal, wood, glass, bedding, crockery and similar materials.

E. “Street Lines” shall mean the boundary line between a public street right-of-way and an abutting lot or parcel of land, or between a private street open to public use and an abutting lot or parcel of land.

No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. Such receptacles shall be maintained in compliance with Section 8.01.090 of this Title.

The owner or person in control of any private property shall at all times maintain the premises free of litter, provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection, or within any building when not in violation of any health, fire, building, or other regulation, order, ordinance, statute, or Code.

No personal shall throw or deposit litter on any open or vacant private property whether owned by such person or not.

A. Notice to Remove. The City Officer is hereby authorized and empowered to notify the owner, or person shown as the owner upon the last equalized tax assessment roll, of any open or vacant private property, or the agent of such owner, to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to said owner at his last known address or at the address shown upon the last equalized tax assessment roll. A copy of said notice shall be posted on the premises or in front thereof.

B. Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner, person or agent so notified to properly dispose of such litter dangerous to the public health, safety or welfare within ten (10) days after receipt of the written notice provided for in Subsection A., or within twenty (20) days after the date of such notice in the event the same is returned to the City because of its inability to make delivery thereof, provided the same was properly addressed as herein specified, the City Officer is hereby authorized and empowered to pay for the disposing of such littler or to order its disposal by the City. Thereafter, proceedings for the collection of the cost thereof shall be in accordance with Section 8.30.140 et. seq.

No person, owing or having charge or control or occupancy of any lot or private premises shall allow grass or weeds to accumulate or grow upon any abutting paved sidewalk area above its established grade or upon any part of said sidewalk area from curb to street line, provided, however, that nothing herein contained shall be construed to require the removal from the borders of any sidewalk of any ornamental plant, lawn, shrub, or trees of reasonable growth, provided that the same area not, in the opinion of the City Officer, obstructions to the free use of such sidewalk by pedestrians.

No person, owning or having control or charge or occupancy of any lot or private premises, shall allow weeds, vines, shrubs or brush which bear seeds of wingy or downy nature, which attain such a large growth as to become afire menace when dry, or which contain poisonous oils, or which are otherwise noxious or dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises.

No person shall sow or disseminate, or allow or permit to mature; or sell in any manner, transfer, transport or convey, any noxious weed or any seed thereof.

No person owning, managing, or having charge or control of or occupancy of any lot or private premises shall suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of twelve (12) inches above the grade in the area of growth. It is the duty of every such person to prevent such growth or existence. In any prosecution for violation of this Subsection, it shall not be necessary to establish any facts excepting that the person accused owned, managed or had charge, control or occupancy of a lot or private premises whereon such condition existed, to establish the guilt of such person.

A. If and when it shall appear that weeds, vines, shrubs or brush, grass, dry or dead tree cuttings or litter have been placed upon or are upon or in front of private property, in violation of any of the provisions of this Chapter, the City Officer may, by appropriate written order, direct the abatement of such nuisance by removal thereof and shall cause nuisance by removal thereof and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush, tree trimmings, rubbish, grass or litter shall be removed within seven (7) days from and after the date of such posting.

B. In the case of vacant property only, in the event that any such property is cited five (5) or more times within a period of five (5) years or less for violations of this Chapter relating to litter placed upon or being upon such property, the property shall be deemed to be a chronic nuisance. Thereupon the City Officer may, by appropriate written order, direct the owner of such property to abate such nuisance by erecting a fence to secure the property against public access, in order to prevent further such depositing of litter, and shall cause notices to be posted upon or in front of such property to the effect that such fence must be erected within seven (7) days from and after the date of such posting. Such fence shall consist of, or be substantially similar to, aluminum chain-link fence, six (6) feet in height, with wood or aluminum vertical posts of at least the same height at intervals of not more than ten (10) feet.

C. Such notice shall be conspicuously posted on or in front of the property, as follows:

1. Two (2) notices are required to be posted for any parcel having a frontage up to one hundred (100) feet;

2. If the frontage of such parcel is greater than one hundred (100) feet, two (2) notices shall be posted, with one (1) additional

notice for each added fifty (50) feet of frontage.

The City Officer shall also send a similar notice to the owner of the property, as shown upon any City record or upon the last

equalized tax roll, whichever he shall determine to be the best means for notifying the actual owner, through the United States mail. 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 part. Such notice shall be mailed not less than ten (10) days prior to the date set for hearing upon objection as provided in Section 8.30.100.

A. The notice required to be given pursuant to Subsection A. of Section8.30.080 shall be substantially as follows:

NOTICE TO DESTROY WEEDS AND RANK GROWTH AND TO REMOVE OVERSIZE GROWTH OR LITTER Notice is hereby given, pursuant to Section 8.30.080 of Chapter 8.30 of Title 8 of the Adelanto Municipal Code providing for the elimination of weeds, vines, brush, shrub, grass, tree trimmings, rubbish, or litter growing upon or accumulated upon or in front of this property, and obstructing the use of sidewalks, parking or streets, or dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity, that the following conditions exist upon this property in violation of law: (Description of area and conditions) The Property to which this Notice applies is the following: (Description of property, by tax description, street address, lot number, parcel number of other reference sufficient to identify the premises)

Said conditions subject the owners, managers or persons having charge, control or occupancy thereof to fine and imprisonment. In addition, such conditions constitute a public nuisance which must be abated by the removal thereof. Otherwise, such conditions will be corrected and the nuisance abated by the City. In such case, the cost of removal will be assessed upon the land from or in front of which the same are removed and will constitute a lien upon such land until paid. Reference is hereby made to Chapter 8.30 of Title 8 of the Adelanto Municipal Code for further particulars. All property owners having any objections to the proposed removal of said weeds, rubbish, refuse, dirt, rank growths or other material dangerous or injurious to neighboring property as aforesaid, are hereby notified to file a written statement of such objections, specifying the address or description of the property concerned, the reasons for the objections, and the name, address, phone number (if any) and status (owner, manager, lessee, tenant or other) of the objector, which statement shall be filed with the City Clerk not later than the ________ day of ___________, 20. Upon receipt of such written statement, the City Clerk will set such matter upon the agenda of the City Council and objectors will be notified by mail of the time and place of the meeting at which the City Council will hear and consider such objections. Such meeting shall be not sooner than seven (7) days after mailing of such notices.

B. The notice required to be given pursuant to Subsection B. of Section8.30.080 shall be substantially as follows:

NOTICE TO ERECT FENCE Notice is hereby given, pursuant to Section 8.30.080 of Chapter 8.30 of Title 8 of the Adelanto Municipal Code providing for the elimination of litter accumulated upon this property, and dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity, that the following record of citations exists with regard to this property: (Description of record of violations and citations) The property to which this notice applies is the following: (Description of property tax description, street address, lot number, parcel number or the reference sufficient to identify the premises) Such conditions subject the owners, managers or persons having charge, control or occupancy thereof to fine or imprisonment. In addition, such conditions constitute a public nuisance which must be abated by the erection of a fence conforming to the requirements of Section 8.30.080 of Chapter 8.30 of Title 8 of the Adelanto Municipal Code. Otherwise, such fence will be erected by the City, and the cost will be assessed upon the land upon which the fence is erected and will constitute a lien upon such land until paid. Reference is hereby made to Chapter 8.30 of Title 8 of the Adelanto Municipal Code. All property owners having any objection to the proposed erection of a fence are hereby notified to file a written statement of such objections, specifying the address or description of the property concerned, the reasons for the objections, and the name, address, phone number (if any) and status (owner, manager, lessee, tenant or other) of the objector, which statement shall be filed with the City Clerk not later than the ________ day of _________, 20. Upon receipt of such written statement, the City Clerk will set such matter upon the agenda of the City Council and objectors will be notified by mail of the time and place of the meeting at which the City Council will hear and consider such objections. Such meeting shall be not sooner than seven (7) days after the mailing of such notices.

At the time and place stated in the notices mailed by the City Clerk, the City Council shall hear and consider all objections to the proposed removal or correction of said public nuisance or conditions. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. The decision of the City Council shall be final and conclusive and need not depend upon any particular evidence, showing or findings.

At the conclusion of the hearing, the City Council may order the City Officer to abate the nuisance by entering upon private property to abate and remove the same.

The City Officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of the mailing, said officer will abate the same and will, if necessary, enter upon or into the private property of said person without further notice or liability therefor in order to abate said nuisance.

The City Officer may enter upon any private property and abate any nuisance found thereon, or in front thereof, more than seven (7)

days after Notice to Abate such nuisance has been posted as required by this Chapter, if no person has filed a written statement of objections as herein provided within five (5) days thereafter. In the event objections have been duly filed, and overruled by the City Council, such officer may enter upon any private property and abate any nuisance found thereon, or in front thereof, in accordance with the order of the City.

Pursuant to the procedures set forth in Chapter 1.22 of this Code, the city is entitled to seek recovery of all nuisance abatement costs incurred in connection with any action taken to abate any violation or public nuisance under this Chapter.

[Ord. No. 568, Section 14, 5/10/17.]

Violation of this Chapter is hereby declared to be a public nuisance which may be abated as provided in Part 3 of Division 4 of the Civil Code of the State and in Chapter 2 of Part 2 of the Code of Civil Procedure of the State, which remedy shall be in addition to any other remedy provided in this Chapter or by State law, including Section 372 of the Penal Code of the State.

[Ord No. 245, adopted 7/14/92.]