Anaheim Municipal Code Ch. 6.16 Weed Abatement

Sections:

* Weed, rubbish, dirt abatement — See California Government Code §§ 39501 — 39587.

Prior ordinance history: Ords. 488, 1142, and 2907.

This chapter shall be known and may be cited as the “weed and refuse control ordinance” of the City of Anaheim. (Ord. 6430 § 1 (part); March 6, 2018.)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context indicates that a different meaning is intended:

.010 “Abatement order” means an order issued by a Hearing Officer pursuant to Section 6.16.030 or Section 6.16.080 of this Chapter.

.020 “Designated officer” means appointed by the City Manager.

.030 “Lot” means any lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining the lot, parcel, tract or piece of land; and the parkways, or areas lying between the curbline and the street line of the adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists.

.040 “Private premises” means:

.0401 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 or vestibule belonging or appurtenant to such dwelling, house, building or other structure;

.0402 Business establishments, commercial, industrial or manufacturing buildings, lots, yards, grounds, walks, driveway, porch, steps belonging or appurtenant to such establishment or adjacent thereto.

.050 “Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all parks, public squares, spaces, grounds and buildings.

.060 “Brush” means branches of trees sheared therefrom, a thicket of shrubs or bushes.

.070 “Noxious growth” means weeds, vines, grasses or brush which bear seeds of a wingy or downy nature, or which attain a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community.

.080 “Refuse” includes rubbish, garbage, rubble or any refuses, rejected or discarded matter or property.

.090 “Street line” means the boundary line between a public street right-of-way and an abutting lot, or between a private street open to public use and an abutting lot. (Ord. 6430 § 1 (part); March 6, 2018.)

No owner or person managing or having control, charge, occupancy or possession of any lot or private premises shall:

.010 Allow noxious growth or growths otherwise dangerous to the life, health, comfort or convenience of the community to grow or remain upon such lot or private premises;

.020 Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises;

.030 Suffer or permit any noxious growth to grow or exist in excess of six inches above the grade in the area of growth;

.040 Allow or place refuse, rubbish, or rubble, etc. on any lot or private premises or in such quantity as to be unsightly, unhealthful, or so as to interfere with the abatement of noxious growth under this chapter.

It is the duty of every such owner or person to prevent such growth or existence. To establish a prima facie violation of this section, it shall not be necessary to establish any facts except that the accused person owned, managed or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. (Ord. 6430 § 1 (part); March 6, 2018.)

.010 If and when it shall appear to the designated officer that noxious growth and/or refuse exist upon or are growing upon or have been placed upon or in front of any lot or private premises, in violation of any of the provisions of this chapter (or any other provision of this Code) the designated officer may, by appropriate written notice, direct the removal thereof and shall cause notices to be served upon the owner and concurrently posted upon or in front of such lot to the effect that such noxious growth and/or refuse must be removed within ten days from and after the date of such service and posting.

Notice shall be in substantially the following form:

NOTICE TO DESTROY NOXIOUS GROWTH

NOTICE IS HEREBY GIVEN that on the date set forth below and in accordance with the provisions of Chapter 6.16 (Weed Abatement) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code, the ________________ [insert title of designated officer] determined that “noxious growth” such as weeds, vines, grasses or brush are growing upon or have accumulated upon or exist on or in front of the premises situated in the City of Anaheim, known and designated as __[address]________ in said City, and more particularly described as ___________ ____ in violation of said chapter. Said alleged violations consist of the following:

___________________________________ __________________________________________ __________________________________________ _________________________.

NOTICE IS FURTHER GIVEN that the owner shall without delay remove such noxious growth; otherwise, if the owner shall fail to remove such noxious growth within ten (10) days after the date of this notice, such noxious growth will be removed, destroyed and abated by the City in accordance with the provisions of Chapter 6.16 (Weed Abatement) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code. All costs of abatement including those for inspection, administration, destruction and removal will be assessed upon the premises from which, or in front of which, such noxious growth was removed, destroyed and abated, such costs will constitute a lien upon such premises until paid.

NOTICE IS FURTHER GIVEN that the owner having any objections or protests to the proposed destruction of noxious growth is hereby notified to file a written statement of such objections or protests, specifying the address or description of the property concerned, the reasons for objections, accompanied by any required fee or fees established by resolution of the City Council, and the name, address, phone number (if any), email address (if any), and status (owner, manager, lessee, tenant, or other) of the objector and any authorized representatives of the objector, which statement must be received by the City Clerk within five (5) calendar days of the date the written notice is served upon the owner.

Dated: ____________

CITY OF ANAHEIM

By: ____________________

____________________ [insert name and title of designated officer or his or her authorized representative]

NOTICE TO REMOVE REFUSE

NOTICE IS HEREBY GIVEN that on the date set forth below and in accordance with the provisions of Chapter 6.16 (Weed Abatement) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code, the ________________ [insert title of designated officer] determined that "refuse", as defined in Chapter 6.16 (Weed Abatement) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code, exists upon or has accumulated upon or has been left deposited or abandoned on or in front of the premises situated in the City of Anaheim, known and designated as __[address]_________ in said City, and more particularly described as ________________ in violation of said chapter. Said alleged violations consist of the following:

___________________________________ __________________________________________ __________________________________________ _________________________.

NOTICE IS FURTHER GIVEN that the owner shall without delay remove such refuse; otherwise, if the owner shall fail to remove such refuse within ten (10) days after the date of this notice, such refuse will be removed by the City in accordance with the provisions of Chapter 6.16 (Weed Abatement) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code. All costs of abatement including those for inspection, administration, destruction and removal will be assessed upon the premises from which or in front of which such refuse was removed or abated and such costs will constitute a lien upon such premises until paid.

NOTICE IS FURTHER GIVEN that the owner having any objections or protests to the proposed removal of refuse is hereby notified to file a written statement of such objections or protests, specifying the address or description of the property concerned, the reasons for objections, accompanied by any required fee or fees established by resolution of the City Council, and the name, address, phone number (if any), email address (if any), and status (owner, manager, lessee, tenant, or other) of the objector and any authorized representatives of the objector, which statement must be received by the City Clerk within five (5) calendar days of the date of this notice.

Dated: ___________

CITY OF ANAHEIM

By: ____________________

____________________ [insert name and title of designated officer or his or her authorized representative]

Such notices shall be conspicuously posted on or in front of the lot on or in front of which the condition exists, as follows:

.0101 One notice shall be posted on or in front of each separately owned lot or parcel;

.0102 Not more than two notices shall be posted to any parcel of fifty to one hundred feet frontage;

.0103 Notices shall be placed at intervals of not more than two hundred feet if the frontage of a parcel is greater than one hundred feet, with one notice for each two hundred feet of frontage.

.020 The person effecting posting and service of any notice under this Section may memorialize the service by written declaration under penalty of perjury, declaring the date, time, and manner that service was made, and the date and place of posting, if applicable. The declaration, along with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the notice and retained by the designated officer.

.030 The failure of the owner to accept or receive notice by regular or certified mail shall not affect the power of the City or its officers or employees to proceed as provided in this chapter. Such notice shall be mailed not less than (10) ten days prior to the date set for performing the noxious growth and refuse abatement work. (Ord. 6430 § 1 (part); March 6, 2018.)

.010 Any owner of property in receipt of a Notice to Destroy Noxious Growth and/or Remove Refuse and having any objections or protests to the removal, destruction and abatement of noxious growth and/or refuse (as the case may be) is hereby notified to file a written statement of such objections or protests, specifying the address or description of the property concerned, the reasons for objections, accompanied by any required fee or fees established by resolution of the City Council, and the name, address, phone number (if any), email address (if any), and status (owner, manager, lessee, tenant, or other) of the objector and any authorized representatives of the objector, which statement must be received by the City Clerk within five (5) calendar days of the date the written notice is served upon the owner.

.020 Upon receipt of a written statement from the owner setting forth objections or protests, the City Clerk shall designate an “Employee Hearing Officer” or, if the City Attorney shall consent, a “Stipulated Hearing Officer”, as said terms are defined in subsection .010 of Section 1.12.110 (Appointment of Hearing Officer) of this code (each of these is hereinafter referred to as the “Hearing Officer”), to hear the objections or protests at an administrative hearing and will serve notice upon the owner of the time and place of the date at which said Hearing Officer will hear and consider such objections or protests. Such hearing shall not be sooner than three (3) days after such notice has been served upon the owner.

.030 On the date and at the time and place stated in the notice served upon the owner by the City Clerk, the Hearing Officer shall hear and consider all objections to the proposed removal and abatement of conditions. The Hearing Officer may continue the hearing from time to time.

.040 The failure of the objector to appear at the hearing shall constitute a failure to exhaust his or her administrative remedies.

.050 At the conclusion of the hearing, the Hearing Officer shall issue a decision, based on the preponderance of evidence, to uphold or overturn the determination of the designated officer. If the Hearing Officer upholds the determination of the designated official, he or she may direct the owner of the property upon which the noxious growth or refuse exists to abate it within seven (7) days after the date of the service of the order of the Hearing Officer or within such additional time as the Hearing Officer may grant if, in his or her opinion, good cause for an extension exists (herein referred to as the “abatement order”). If the determination of the designated officer is not upheld by the Hearing Officer, he or she may remand the matter to the designated officer with directions to modify or withdraw the notice.

.060 The abatement order shall specify that, unless the noxious growth and/or refuse is removed and abated within seven (7) days (or such longer period of time as the Hearing Officer may grant) after the date of the service of the abatement order upon the owner, the designated officer is authorized and ordered to abate same and, if necessary, to enter upon or onto the private property of the owner without further notice or liability therefor in order to remove, destroy and abate the noxious growth and/or refuse. The designated officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of the abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall include notification of the owner’s right to appeal the decision of the Hearing Officer.

.070 The decision of the Hearing Officer shall be final and conclusive unless appealed in accordance with Section 6.16.050. (Ord. 6430 § 1 (part); March 6, 2018.)

.010 If the nuisance is not abated within the time set forth in the notice(s) required under Section 6.16.020 where the owner fails to timely file his or her written statement of objections or protests or, following the timely filing of the owner’s written statement of objections or protests and the holding of a hearing in accordance with Section 6.16.030 and the issuance of an abatement order by the Hearing Officer, the City may proceed to abate the nuisance, unless in the case of the issuance of an abatement order by the Hearing Officer an appeal has been filed pursuant to Section 6.16.050.

.020 Abatement by the City pursuant to an abatement order or following an appeal of the abatement order, if any, may, in the discretion of the designated officer, be performed by City employees and/or one or more private contractors hired by the City. The designated officer and/or one or more private contractors hired by the City, and their work force and equipment may enter upon any private property and abate any nuisance found thereon, or in front thereof, provided that either the time given by the designated officer in the notice to abate such nuisance under Section 6.16.020 or, in the case of the issuance of an abatement order by the Hearing Officer under Section 6.16.030, has expired and no timely appeal of the abatement order of the Hearing Officer has been filed pursuant to Section 6.16.050. (Ord. 6430 § 1 (part); March 6, 2018.)

.010 The decision of the Hearing Officer rendered in accordance with Section 6.16.030 may be appealed to the City Council by the owner of the property or by any member of the City Council. Notice of the appeal shall be filed with the City Clerk within ten (10) calendar days after the decision of the Hearing Office rendered in accordance with Section 6.16.030 has been served upon the owner. Late notices of appeal will not be considered. Hearings on such appeals shall be limited to those issues raised in the notice of appeal. Notice of the hearing on an appeal shall be served upon the owner by the City Clerk not less than ten (10) calendar days prior thereto.

.020 The filing of a timely notice of appeal shall stay any further proceedings under the determination appealed from until the City Council or its appointed Hearing Officer (as the case may be) has made its determination.

.030 Pursuant to Section 1.12.110, the City Council may appoint a Hearing Officer to conduct such appeal hearings; provided, however, that the Hearing Officer shall not be the same Hearing Officer who rendered the decision from which the appeal is being taken.

.040 At the hearing, the owner shall be given the opportunity to testify and to present evidence concerning the determination that is the subject of the appeal. The owner shall raise any and all legal and factual issues and claims concerning the determination that is the subject of the appeal. The hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might consider such admission improper in a civil action.

.050 After considering the testimony and evidence presented at the hearing, the City Council or its appointed Hearing Officer (as the case may be) shall issue a written decision, including the findings on which the decision was made, based on the preponderance of evidence, to uphold or overturn the original determination that is the subject of appeal. If the determination is overturned, the City Council or its appointed Hearing Officer (as the case may be) may remand the action to the designated officer with directions to modify the determination.

.060 The decision made by the City Council or its appointed Hearing Officer (as the case may be) shall become final and conclusive when served upon the owner. (Ord. 6430 § 1 (part); March 6, 2018.)

The designated officer shall cause to be kept an itemized account of the costs of abatement. The designated officer shall cause to be posted conspicuously on the property and shall also serve the owner of the property by certified mail a statement showing the cost of the abatement. (Ord. 6430 § 1 (part); March 6, 2018.)

.010 The owner may protest the cost of abatement by filing a written request with the City Clerk for a hearing before the Hearing Officer who issued an abatement order pursuant to Section 6.16.030 within ten (10) calendar days of the service of the statement of costs described in Section 6.16.060. Upon receipt of such a request, the City Clerk shall schedule a hearing before the Hearing Officer and serve upon the owner written notice by certified mail of no less than ten (10) calendar days from the date of the notice.

.020 At the time fixed for the hearing on the statement of costs, the Hearing Officer shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. The Hearing Officer may revise, correct, or modify the statement as it considers just and thereafter shall confirm the cost. The decision of the Hearing Officer shall be issued in writing, shall be final and conclusive, and shall be served upon the owner by the City Clerk by certified mail. (Ord. 6430 § 1 (part); March 6, 2018.)

.010 If and when it appears, in the opinion of the Fire Chief, or his or her authorized representatives, that any condition of noxious growth and/or refuse described in this chapter constitutes an extreme fire hazard and/or an immediate threat, menace or danger to public health, safety and welfare on property located within the “Wildland-Urban Interface Fire Area”, “Very High Fire Hazard Severity Zones” (as such terms are defined in Title 16 (Fire) of this code), or on property otherwise designated by the Fire Chief as “high hazard fire areas”, and it is deemed necessary by the Fire Chief, or his or her authorized representatives, to abate such condition or nuisance as promptly as possible, the Fire Chief, or his or her authorized representatives, may by written notice direct the removal thereof and shall cause such notice to be posted in the locations described in Section 6.16.020, which notice shall also be given either: (1) by personal delivery to the owner (and a receipt therefor obtained, unless refused to be given), or (2) delivered by overnight delivery service, or (3) dispatched by both regular and certified mail, postage prepaid, return receipt requested, addressed to the owner, whichever the Fire Chief, or his or her authorized representatives, shall determine to be the best means of reaching the actual owner. The person effecting service of any notice under this Section 6.16.080 may memorialize the service by written declaration under penalty of perjury, declaring the date, time, and manner that service was made, and the date and place of dispatching or posting, if applicable. The declaration, along with any receipt card returned in acknowledgement of receipt by certified mail or receipt returned by overnight delivery service, shall be affixed to a copy of the notice of violation and retained by the Fire Chief, or his or her authorized representatives. Service of any such notice so made by personal delivery, overnight delivery service, or by regular and certified mail, shall be deemed complete on the date of actual delivery or at the expiration of the third (3rd) business day after the date of dispatch, whichever is earlier in time. Such condition or public nuisance shall be abated within such time as the Fire Chief deems appropriate and prescribes in the written notice requiring abatement but not sooner than seventy-two (72) hours after dispatch of such notice.

.020 Notices given pursuant to subsection .010 of this Section 6.16.060 shall be in the same form as set forth in 6.16.020 except that time period provided to the owner to remove, destroy or abate the noxious growth and/or refuse must be at least 72 hours. The notice shall include information as to the (i) date and time of posting; and, (ii) other deliver method. The notice shall specify that any objections or protests to the proposed removal of noxious growth and/or refuse, must consist of a written statement of such objections or protests, specifying the address or description of the property concerned, the name, address, phone number (if any), email address (if any), and status (owner, manager, lessee, tenant, or other) of the objector and any authorized representatives of the objector, which statement must be received by the City Clerk within two (2) calendar days after the date a copy of the notice has been served upon the owner.

.030 Any owner of property upon which a public nuisance has been declared to exist pursuant to this Section 6.16.080 having any objections or protests to the proposed removal of noxious growth and/or refuse (as the case may be) is hereby notified to file a written statement of such objections or protests, specifying the address or description of the property concerned, the reasons for objections, accompanied by any required fee or fees established by resolution of the City Council, and the name, address, phone number (if any), email address (if any), and status (owner, manager, lessee, tenant, or other) of the objector and any authorized representatives of the objector, which statement must be received by the City Clerk within two (2) calendar days of (a) the date the written notice is personally served upon the owner, or (b) the date of actual delivery by overnight delivery service or by regular and certified mail, postage prepaid, return receipt requested, whichever is earlier in time.

.040 Owner’s Statement of Objections or Protests; Assignment of Hearing Officer. Upon receipt, if at all, of a written statement from the owner setting forth the owner’s objections or protests to the Notice to Remove Noxious Growth and/or Refuse, the City Clerk shall designate an “Employee Hearing Officer” or, if the City Attorney shall consent, a “Stipulated Hearing Officer”, as said terms are defined in subsection .010 of Section 1.12.110 (Appointment of Hearing Officer) of this code (each of these is hereinafter referred to as the “Hearing Officer”), to hear the objections or protests at an administrative hearing and will notify the owner or the person aggrieved in writing of the time and place of the date at which said Hearing Officer will hear and consider such objections or protests. Such hearing shall not be sooner than three (3) days after the earlier to occur of the date such notice has been either (a) personally served upon the owner by the City Clerk or the City Attorney, or one of their representatives, or by a private contractor hired by either the City Clerk or the City Attorney, or (b) the date that such notice is delivered to the owner by either overnight delivery service or by regular and certified mail, postage prepaid, return receipt requested.

.050 At the conclusion of the hearing, the Hearing Officer shall issue a decision, based on the preponderance of evidence, to uphold or overturn the determination of the designated officer. If the Hearing Officer upholds the determination of the designated officer, he or she may direct the owner of the property upon which the noxious growth or refuse exists to abate it within such time as the Hearing Officer determines based on good cause (the “abatement order”). If the determination of the designated officer is not upheld by the Hearing Officer, he or she may remand the matter to the designated officer with directions to modify or withdraw the notice. All provisions of 6.16.030 shall apply unless otherwise provided for in this section.

.060 The abatement order shall be delivered to the owner by the Fire Chief, or his or her authorized representatives, either: (1) by personal delivery to the owner, or (2) dispatched by either overnight delivery service or by regular and certified mail, postage prepaid, return receipt requested.

.070 The abatement order shall specify that, unless the nuisance is removed and abated within such time as the Hearing Officer shall order, the City is authorized and ordered to abate same and, if necessary, to enter upon or onto the private property of the owner without further notice or liability therefor in order to abate the nuisance. Abatement of the nuisance may, in the discretion of the Fire Chief, be performed by City employees and/or one or more private contractors hired by the City.

.080 The decision of the Hearing Officer shall be deemed final and conclusive. (Ord. 6430 § 1 (part); March 6, 2018.)

The cost of abatement upon or in front of each lot constitutes a special assessment against that lot. After the assessment is made and confirmed, it is then a lien on the lot. (Ord. 6430 § 1 (part); March 6, 2018.)

After confirmation of the report, a certified copy of the same shall be filed with the County Assessor on or before August tenth of each year. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor’s Map Book for the current year. The County Assessor shall enter each assessment on the County Tax Roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of County taxes shall apply to such special assessment taxes. (Ord. 6430 § 1 (part); March 6, 2018.)

The designated officer shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report. The designated officer may bill the owner of record directly at any time he shall desire. (Ord. 6430 § 1 (part); March 6, 2018.)

.010 Any assessment erroneously made may be canceled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the assessment, in accordance with the following procedure:

.0101 A claim of error may be filed with the City Clerk at any time before the expiration of one year following April tenth of the tax year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the City Clerk and shall be verified.

.0102 Any claim filed shall be forwarded to the designated officer for review and report to the Finance Director. If the designated officer shall determine that such assessment was erroneously made, in whole or in part, the Finance Director shall request the Orange County Board of Supervisors to direct the County Auditor-Controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the Finance Director shall be authority for the Auditor-Controller so to correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person who paid the same, by the Finance Director. In lieu of proof otherwise, the Finance Director may presume that the person or persons to whom the abatement cost was assessed was the person or persons who paid the same.

.0103 Any claimant whose claim is not favorably acted upon in whole or in part within sixty days after the filing of the same, or whose claim is denied in whole or in part by the Finance Director, may, within ten days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the City Council by written letter filed with the City Clerk.

.0104 The City Council shall consider such disputed assessment at an open meeting, upon reasonable notice to the claimant, and shall afford the claimant an opportunity to be heard. If the City Council shall find the disputed assessment to be erroneous in whole or in part, it may direct the Finance Director to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds.

.0105 Not later than thirty days after the correction of any assessment or refund of any moneys hereunder, except by direction of the City Council, the Finance Director shall transmit to the City Council a report of such action, together with the report of the designated officer.

.020 Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by Section 6.16.120 relating to the work for which such erroneous assessment was levied may be prepared by the officer who prepared the original report. Such report shall show the cost of abatement upon, or in front of the lot where the work has been done and shall state that it is proposed to assess such cost against such lot. A copy of such corrected report shall be mailed to the owner of the lot as shown upon the current assessment roll. (Ord. 6430 § 1 (part); March 6, 2018.)