Chapter 6.17 — CLEANLINESS OF PREMISES

ALTERNATIVE PROVISIONS

Sections:

6.17.001 Dirt, rubbish, weeds and rank growth declared nuisance.

6.17.010 Alternative procedure for removal and eradication established.

6.17.020 Rubbish defined.

6.17.030 Premises and adjacent streets to be kept free of dirt, rubbish, weeds and rank growth.

6.17.040 Failure to keep premises and adjacent streets clean—Notice to clean.

6.17.050 Notice to clean—Contents​Service.

6.17.060 Report to City Council—Notice of public hearing.

6.17.070 Hearing on objections—Continuances.

6.17.080 Ruling on objections—Jurisdiction to proceed.

6.17.090 Finality of decision.

6.17.100 Order of abatement—Cost as lien.

6.17.110 Right of entry to abate.

6.17.120 Abatement by owner.

It is hereby declared to be a nuisance and it shall be unlawful for any owner, lessee or occupant of any buildings, grounds, lots or real property within the corporate limits of the City of Anaheim to fail to remove and keep such premises and the street or streets on which such property is located free from dirt, rubbish, weeds and rank growth as provided for in Section 6.17.030 of this chapter. (Ord. 1531 § 1 (part); December 20, 1960.)

In addition to the provisions of Chapter 6.16 the following provisions shall provide an alternative procedure for the removal and eradication of dirt, rubbish, weeds and rank growth from buildings, grounds or lots, or any real property within the corporate limits of the City of Anaheim. (Ord. 1531 § 1 (part); December 20, 1960.)

The term "rubbish" as used in this chapter is defined to mean dead trees and shrubs, as well as any other useless or worthless stuff which serves no good purpose, and is fit only to be thrown away. (Ord. 1531 § 1 (part); December 20, 1960.)

RANK GROWTH.

It is hereby made the duty of any owner, lessee or occupant of any buildings, grounds or lots, or any real property within the corporate limits of the City of Anaheim, to keep such buildings, grounds, lots or real property free from, and remove all dirt, rubbish, weeds and rank growth from the buildings, grounds, lots and real property, and to keep the street or streets upon which such buildings, grounds, lots or real property is located free from, and remove all grass, weeds, rubbish, rank growth and vegetation from the outer edge of such street or streets adjoining such real property up to the centerline of such street or streets. (Ord. 1531 § 1 (part); December 20, 1960.)

If any owner, lessee or occupant of such buildings, grounds, lots or real property shall fail to remove and keep such premises and the street or streets upon which the property is located free from dirt, rubbish, weeds and rank growth, as provided for in Section 6.17.030 of this chapter, the Superintendent of Streets or the Chief of the Fire Department of the City of Anaheim shall notify such owner, lessee or occupant to comply with the provisions of this chapter, and eradicate and remove all dirt, rubbish, weeds and rank growth from the buildings, grounds, lots or real property, or all the dirt, rubbish, weeds, rank growth and vegetation from the street or streets that adjoin the buildings, lots, grounds or real property owned or controlled by such owner, lessee or occupant, to-wit: All of such buildings, grounds, lots or real property, and all that portion of such street or streets between the outer edge adjoining such real property up to the centerline of such street or streets. (Ord. 1531 § 1 (part);

December 20, 1960.)

When the Superintendent of Streets or the Chief of the Fire Department of the City of Anaheim determines to notify the owner, lessee or occupant to comply with the provisions of this chapter, such notice shall be in writing, which notice shall contain a description of the buildings, grounds, lots or real property from which the dirt, rubbish, weeds or rank growth are to be removed, or the street adjoining such premises from which such dirt, rubbish, weeds, rank growth or vegetation is to be removed, or both, which notice shall be served upon the owner of said premises, if known, and upon the lessee or occupant of said premises, which notice shall be served by depositing said notice, postage paid, in the United States Post Office in the City of Anaheim, directed to the owner of said premises, if known, and a copy thereof shall be mailed to the lessee or occupant of said premises. If the owner is not known, or resides outside the State of California, said notice shall be given by posting a copy thereof conspicuously on the property to be affected, for ten days, which service of notice shall be deemed to be completed ten days after posting. Such notice shall specify that if the provisions of Section 6.17.030 of this chapter are not complied with in ten days from the time of this service of said notice, the Superintendent of Streets or the Chief of the Fire Department of the City of Anaheim shall report such failure to the City Council. (Ord. 1531 § 1 (part), December 20, 1960.)

At any time after the expiration of ten days after the service of the written notice in any manner prescribed in Section6.17.050, the Superintendent of Streets or the Fire Chief of the City of Anaheim shall report to the City Council. The report shall indicate whether or not the dirt, rubbish, weeds and rank growth have been removed or eradicated from the buildings, grounds, lots or real property described in the written notice required under Section 6.17.050. If the said dirt, rubbish, weeds and rank growth have not been eradicated or removed, the City Council shall thereupon set a date for public hearing before the Council. The City Clerk shall thereupon be directed to mail written notice of the public hearing to all persons owning the buildings, grounds, lots or real property from which the dirt, rubbish, weeds and rank growth are to be eradicated and removed. The City Clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the notice is mailed by the City Clerk. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Such notice mailed by the City Clerk shall be mailed at least five days prior to the date set by the City Council for public hearing. Prior to the date fixed for said hearing, the Superintendent of Streets or the Fire Chief of the City of Anaheim shall prepare and file with the City Clerk for the consideration of the City Council an estimate of the cost of the removal of said dirt, rubbish, weeds and rank growth and the abatement of said nuisance, and at such hearing the City Council shall find and determine the estimated cost of abating said nuisance. (Ord. 1531 § 1 (part); December 20, 1960.)

At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse and dirt. It may continue the hearing from time to time. (Ord. 1531 § 1 (part); December 20, 1960.)

By motion or resolution at the conclusion of the hearing the City Council shall allow or overrule any objections. At that time the City Council acquires jurisdiction to proceed and perform the work of removal. (Ord. 1531 § 1 (part); December 20, 1960.)

The decision of the City Council is final. (Ord. 1531 § 1 (part); December 20, 1960.)

If objections have not been made or after the City Council has disposed of those made, it shall order the Superintendent or the Fire Chief to abate the nuisance by having the weeds, rubbish, refuse and dirt removed. The order shall be made by motion or resolution. Upon the abatement of said nuisance by the Superintendent or the Fire Chief the cost of such removal shall be certified to the County Auditor on or before the thirtieth day of June following the date of such abatement, and shall become a lien on said property from which said weeds, rubbish, refuse and dirt are removed, and shall be placed upon the tax roll to be collected with general taxes levied and assessed against said property. (Ord. 1531 § 1 (part); December 20, 1960.)

The Superintendent or Fire Chief may enter upon private property to abate the nuisance. (Ord. 1531 § 1 (part); December 20, 1960.)

Before the Superintendent or Fire Chief arrives, any property owner may remove the weeds, rubbish, refuse and dirt at his own expense. (Ord. 1531 § 1 (part); December 20, 1960.)