Alameda Municipal Code § 23-4 Weeds, Rubbish and Rubbish Control

As used in this section:

City Clerk shall mean the City Clerk of the City of Alameda or his or her designated representatives.

Fire Chief shall mean the Fire Chief of the City of Alameda or his or her designated representatives.

Owner shall mean the legal owner of real property fronting on any street in the City of Alameda. Owner shall include an individual, firm, partnerships of any type, joint venture, association, corporation, estate, trust, receiver, syndicate, or any other group or combination acting as a unit, and the lessees, trustees, agents, employees, servants and representatives of same, and the plural as well as the singular number.

Rubble shall mean and includes any rubble, residue, structure or part or portions of a structure, remaining after the demolition or partial demolition of any building or structure in the city.

Rubbish shall mean and include all putrescible and nonputrescible, combustible and noncombustible, solid wastes, including garbage, refuse, trash, garden refuse, tree trimmings, ashes, tin cans, dirt, street cleanings, dead animals, abandoned or no longer used motor vehicles, junk, or worthless and useless articles, which are in such a state or in such quantity as to be unsightly and offensive to the senses or detrimental to the attractiveness of the surroundings, against the general welfare, unhealthful, dangerous to persons or property, or an interference with the abatement of weeds and any other offensive or nauseous substances.

Sidewalk shall mean that portions of a street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel and includes any park or parking strip maintained in the area between the property line and the street line.

Street shall mean any public or private thoroughfare which affords principal or secondary access by vehicles to abutting property, including any street, avenue, place, way, drive, lane, boulevard, highway, road, alley or any other thoroughfare used by vehicles, and any public rights-of-way or any portions thereof, in the city.

Weeds shall mean all grass, weeds, plants or brush growing upon streets, sidewalks or private property in the city and includes any of the following:

1. Weeds which bear seeds of a downy or wingy nature;

2. Mistletoe or other parasite growth;

3. Sandburrs or puncture vines;

4. Sagebrush, chaparral and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;

5. Weeds which are otherwise noxious or dangerous;

6. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to public health;

7. Dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard.

(Ord. No. 2694 N.S. § 2)

The provisions of this chapter are intended to supplement rather supplant the provisions of the Uniform Fire Code, as adopted by reference elsewhere in this Code, or any similar provisions in this Code.

(Ord. No. 2694 N.S. § 2)

All weeds, rubble, rubbish or other rank growth located upon private property or upon sidewalks and streets abutting private property within the city, which constitute a fire menace or which are otherwise a menace to health or safety, are a public nuisance and may be abated as provided in this chapter.

(Ord. No. 2694 N.S. § 2)

It is the duty of every owner of private property within the city to remove and destroy all weeds, rubble, rubbish or other rank growths located on their property.

(Ord. No. 2694 N.S. § 2)

It is the duty of every owner of private property within the city to remove all weeds, rubble, rubbish or other obstructions from the sidewalks abutting their property.

(Ord. No. 2694 N.S. § 2)

Every owner of private property within the city shall keep such property free and clear of all weeds, rubble, rubbish or other rank growths, which from any cause whatsoever have accumulated thereon.

(Ord. No. 2694 N.S. § 2)

Every owner of private property within the city shall keep the sidewalks abutting their property free and clear of all weeds, rubble, rubbish or other rank growths, which from any cause whatsoever have accumulated thereon.

(Ord. No. 2694 N.S. § 2)

Upon the failure of the owner of any real property in the City of Alameda to remove or destroy such weeds, rubble, rubbish or other rank growths from said real property, or from the property line thereof to the curbline of the street upon which the real property abuts, the owner shall be given a "Notice to Destroy Weeds and Remove Rubble and Rubbish" by the Fire Marshall to remove or destroy the same within a period of ten (10) days. Such notice shall be in writing or printed and dated and substantially in the form set forth in Section 23-4.9, and shall be signed by the Fire Marshall. The notice shall be served by depositing in United States Mail, certified mail, postage prepaid, to the owner of the property, to the address, as shown on the last equalized assessment roll, and shall be posted in a conspicuous place on the property.

(Ord. No. 2694 N.S. § 2)

The notice shall be substantially in the following form.

;adv=6q> NOTICE TO DESTROY WEEDS AND REMOVE RUBBLE AND RUBBISH

;adv=6q>

Notice is hereby given that noxious and dangerous weeds are growing upon or in front of the property on this street, or that rubble and rubbish were upon or in front of property on this street, as more particularly set forth in this notice, and that such condition constitutes a nuisance which must be abated by the removal of the weeds, rubble or rubbish. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubble and rubbish are removed and will constitute a special assessment on the land and collected at the time and in the manner as your property taxes.

The conditions which specifically constitute a nuisance are as follows: _____

_____

_____

_____

All property owners having any objection to the proposed removal of the weeds, rubble and rubbish are hereby advised to file an appeal with the Fire Chief by filing a notice of appeal with the City Clerk of the City of Alameda within 10 days from date this notice is posted on the property or from the date you receive the mailed notice, whichever is later.

(Ord. No. 2694 N.S. § 2)

a. Within ten (10) days from the time of posting of the notice required pursuant to Section 23-4.9, or within ten (10) days from the date of the service of certified mail, whichever is later, the owner of, or any person interested in the property, land, or lot affected by such notice, may appeal to the Fire Chief from the requirement thereof. Such appeal shall be in writing and shall be filed with the City Clerk. The Fire Chief shall hold a hearing with the person appealing and the Fire Chief shall proceed to hear and pass upon such appeal. The decision of the Fire Chief shall be in writing and shall contain findings appropriate to the decision. The Fire Chief shall mail, or cause to be mailed, certified mail, postage prepaid, his decision to the person appealing the notice. The decision of the Fire Chief is final and conclusive.

b. If the Fire Chief does not sustain the owner's objections, the owner shall make the removal within five (5) days of mailing of notice of the determination of the appeal by the Fire Chief, or such later time as may be granted by the Fire Chief, at the owner's expense.

c. If the owner fails to object to the notice or decision of the Fire Chief, he or she is deemed to admit the contents of the notice, and the Street Superintendent shall abate, or cause to be abated, the weeds, rubble, rubbish, or other rank growth in accordance with this chapter by using City forces or by contracting with private parties to perform such work.

(Ord. No. 2694 N.S. § 2)

Any expense which the City incurs as a result of having weeds, rubble or rubbish or other rank growth removed shall be charged to the property owner, and in addition to the actual expense incurred of removing, transporting and depositing the weeds, rubble or rubbish, there shall be charged the sum of ten (10%) percent of such amount, with a minimum forty ($40.00) dollars for each occurrence, as and for overhead and administration. If there is more than one property owner, any liability shall be joint and several.

(Ord. No. 2694 N.S. § 2)

The Street Superintendent shall keep, or cause to be kept in his/her office a permanent record book showing the description of each piece of property, land or lot upon, or in front of which weeds, rubble or rubbish has been removed, the name of the owner, the date of mailing and posting the notice, the date of any appeal, the date of determination of any appeal, and any expense incurred in the removal, transportation and depositing of the weeds, rubble or rubbish.

(Ord. No. 2694 N.S. § 2)

Between July 1 and 15 of each year, the Street Superintendent shall cause to be published a notice to the effect that any person affected or aggrieved by any act or determination of the Street Superintendent or of the City Council hereunder during the preceding fiscal year, may at any time prior to August 1 next succeeding, appeal therefrom to the City Council. Said notice shall be in substantially the following form:

"NOTICE OF HEARING ON APPEAL OF ASSESSMENTS"

NOTICE IS HEREBY GIVEN that on _______, 19___, the Street Superintendent of the City of Alameda has filed in his office a report and assessment in abatement of weeds, rubble, and rubbish within the City. The list of properties and the purposes of the assessment for each property is set out below or attached hereto.

NOTICE IS FURTHER GIVEN that on _______, 19___, at the hour of _____ o'clock p.m., in the council chambers of Alameda City Hall, the City council of said city will consider the appeal filed by any person having any objection to said report and assessment list, or to any matter or thing contained therein. Any appeal must be filed with the City Clerk by August 1 in order to be considered by the Council. The time limit for filing the appeal is jurisdictional. Said appeal must be in writing and state the reasons for the appeal.

Dated:_______, 19___

___________ City Clerk, City of Alameda

The notice shall be published for five (5) days in a newspaper published and circulated in the City, and posted in a conspicuous place in or at City Hall and each public library of the City. At any time prior to August 1 next succeeding, any person affected or aggrieved by any act or determination of the Street Superintendent made hereunder during the preceding fiscal year, may appeal therefrom to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At the next regular meeting of the City Council after August 1 it shall proceed to hear and pass upon such appeals, and its determination thereupon shall be final and conclusive. The Street Superintendent shall carry out any directions of the City Council made upon appeal, and he/she shall cause appropriate corrections and entries to be made in his/her record book to conform therewith.

(Ord. No. 2694 N.S. § 2)

At the expiration of the time for appeal as herein provided, or upon the determination of the City Council upon appeal and on compliance with the requirements of any determination so made, the Street Superintendent shall deliver to the Auditor and Assessor an abstract of the entries in the record book herein provided to be kept for the preceding fiscal year. Such abstract shall show the property affected and the amount charged there against. The Auditor and Assessor shall note the amount of each such charge on the assessment books of City taxes against the respective lots charged, and thereafter the amount of each such charge shall be a lien against the respective property charged of the same character and effect, and shall be collected in the same manner and at the same time as general municipal taxes are collected, and shall be subject to the same penalties and procedure in the case of delinquency. The provisions of this subsection shall not apply as to any piece of property of land or lot, the charge against which has been paid prior to the delivery to the Auditor and Assessor of the abstract, but in such case an appropriate entry shall be made in the record book by the Street Superintendent, showing that such charge has been paid.

(Ord. No. 2694 N.S. § 2)

Proof of the publication, posting or service of any notice, order or determination provided for in this subsection shall be made by the affidavit of the printer of the newspaper in which published, his/her foreperson or principal clerk, or the person posting or serving the notice, order or determination annexed to a copy of order, notice or determination published, posted or served, as the case may be, and specifying the time when, or at which the same was published, posted or served, as the case may be. It shall be the duty of the Street Superintendent to keep among the official records of his/her office the affidavits or publication, posting or service herein provided for. Charges made against property under the provisions of this section may be paid to the Street Superintendent prior to the delivery to the Auditor and Assessor of the abstract mentioned in the preceding subsection, and all moneys so paid to the Street Superintendent shall be by him/her deposited with the City Treasurer.

(Ord. No. 2694 N.S. § 2)

The City Council may establish by resolution the method of materials to be used for the removal of weeds, rubbish, rubble or other rank growth.

(Ord. No. 2694 N.S. § 2)

The remedies provided herein are all cumulative to all other remedied provided by law.

(Ord. No. 2694 N.S. § 2)

Any person failing to comply with the provisions of this Chapter shall be guilty of an infraction.

(Ord. No. 2694 N.S. § 2)