Chapter 8.44 — WEEDS, GRASS AND RUBBISH

It is unlawful for the owner or occupant of any lot or premises within the city to maintain thereon any weeds, rubbish, grass or material likely to become easily ignited.

(Prior code § 4-5.01)

The owners and occupants of all lots within the city shall keep such lots and the sidewalks adjoining the same clean and clear of all grass and weeds to the outer line street curb adjoining such lots.

(Prior code § 4-5.02)

It is the duty of the fire chief, or his/her designee, to make periodical inspections of all property, lands and lots in the city, and whenever or wherever he or she shall find any weeds, grass, or other material likely to become easily ignited, he or she shall give notice to remove such weeds, grass, rubbish, or other easily combustible material as provided in Section 8.44.040.

(Ord. 556 § 2AA, 2004: prior code § 4-5.03)

A.

Posting. Such notice shall be given by posting a notice in a conspicuous place upon the property, lots or buildings upon or in which such weeds, grass, rubbish, or other easily combustible material is found, which notice shall be headed, "Notice To Clean Premises," in letters not less than one inch in height, and which, in legible characters, shall direct the removal of such weeds, grass, rubbish, or other combustible material within fourteen (14) days from the posting or service thereof, which date of posting or service shall be stated in such notice.

B.

Mailing. As an alternative to posting, notice in the form required shall also be sent by mail to the property owner as shown on the last equalized assessment roll.

(Ord. 556 § 2BB, 2004; prior code § 4-5.04)

Should such owner or occupant fail, refuse or neglect to remove such weeds, grass, rubbish, or other easily combustible material within such time as may be prescribed, the fire chief may employ labor and equipment to have the same done under his or her direction at the expense of the city and upon the payment of the cost by the city. Such owner of the property shall be indebted to the city for the cost thereof, and there shall be created a lien against such property in an amount equal to all costs involved in such work. In an action to recover the costs thereof, the city prevailing party shall be entitled to recover in such action a reasonable attorney's fee to be fixed by the court in addition to the costs of such work. Recovery of such attorney's fee shall be limited to those actions in which the city elects, at the initiation of the action, to seek recovery of its own attorney's fees. In no such action shall an award of attorney's fees to the prevailing party exceed the amount of reasonable attorney's fees incurred by the city in such action.

(Ord. 524 § 2(O), 2001: prior code § 4-5.05)

A.

This section is adopted pursuant to the authority set forth in California Government Code Section 39502 in order to provide for the removal of all weeds, rubbish, and other materials dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity and to make the cost of removal a lien upon the property. In addition to other procedures for the abatement of weeds, grass and rubbish, the city hereby adopts the procedures contained in California Health and Safety Code Sections 14875 through 14922 as its alternative weed abatement procedure.

B.

In accordance with Section 2.12.010, which deems the Five Cities Fire Authority to be the fire department for the City of Arroyo Grande, the Five Cities Fire Authority is hereby authorized to hold all hearings, issue all notices and take all necessary actions to implement the weed abatement procedures contained in California Health and Safety Code Sections 14875 et seq.

(Ord. No. 659, § 1, 2-25-2014)