Chapter 8.04 — WEED CONTROL

It shall be the duty of every owner, manager, or person in charge of or control of any residential unit, multiple dwelling unit, hotel, motel, business, or vacant lot in the city to maintain his premises free of excessive accumulations of any weeds which may endanger or injure neighboring property or by the nature of such growths may create fire, health or safety hazards for property or persons. Such excessive accumulations of weeds are declared a public nuisance and may be abated as provided in this chapter.

(Ord. 198 (part), 1984).

A.

Weeds shall mean any vegetative growths upon streets, sidewalks, or private property in the city and includes but is not limited to the following:

1.

Weeds which bear seeds of a downy or wingy nature;

2.

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;

3.

Weeds which are otherwise noxious or dangerous;

4.

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

5.

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

B.

"Premises" includes the abutting sidewalks, alleyways and untraveled portion of an abutting public street or of property.

(Ord. 198 (part), 1984).

The county fire department and the public works department shall have the duty and the power to enforce the provisions of this chapter. When enforcing the provisions of this chapter, the employees of the county fire department and the public works director shall have the power to make arrests for violation of the provisions of this chapter which occur in their presence and to issue citations for such violations in accordance with Chapter 5c of Title 3 of Part 2 of the Penal Code of the state of California.

(Ord. 198 (part), 1984).

An enforcing department may give an order to abate such a nuisance as described in Section 8.04.010 to the owner, manager or other person controlling the premises. Such order to abate shall be in the form approved by the city attorney. The owner, manager or other person controlling the premises has seven (7) days from the date of the order to abate to remove, destroy or abate the nuisance. If the nuisance is not removed, destroyed or abated within seven (7) days after the order has been given, the enforcing department may have the nuisance removed, destroyed or abated and the cost of such removal, destruction or abatement shall be charged to the owner, manager and/or other person controlling the premises. The order of abatement may be given by any or all of the following methods:

A.

By mail to the owner of the premises as shown on the last tax roll of the county, the manager or other person controlling the property;

B.

By personal service to such owner, manager and/or person controlling the premises;

C.

By posting the notice on the premises.

(Ord. 198 (part), 1984).

Any interested party may appeal an order to abate by filing a written notice of appeal, stating the grounds on which such party is appealing, with the enforcing department issuing such order before the date set forth abatement of the nuisance. The filing of such notice of appeal shall stay the effectiveness of the order of abatement until the appeal has been decided by the council. Notice of appeal is not filed until it is delivered to the enforcing department that issued the order at its headquarters. The person appealing has the burden to show that the condition of the premises does not constitute a nuisance or that he is not responsible for the condition of the premises pursuant to Section 8.04.010. The city council shall hear the appeal and may affirm, amend or repeal the order of abatement. The person appealing shall have seven (7) days from the date of the service of the order of the city council affirming or amending the order of

abatement in which to proceed to abate the nuisance. Service of such an order of the city council shall be made on appellant by personal service or by mail to the appellant's last known mailing address. Service shall be deemed complete on the day after deposit in the United States Mail. The city council may delegate the power and duty to hear appeals pursuant to this section to any officer, department or board, except an enforcing department or the collecting department.

(Ord. 198 (part), 1984).

Any interested party may protest the cost bill for abatement presented by the city. The burden of proof is on the protestor to show any defect in the bill. Any interested party may make this protest by filing a notice of protest with the city clerk within thirty (30) days after the billing date. Filing is not complete until the notice of protest is received at the city clerk's office. The city council shall hear the protest and may affirm, amend or cancel the bill. The city council may delegate the power and duty to hear protests to cost bills pursuant to this section to any officer, board or commission, except an enforcing department or the collecting department.

(Ord. 198 (part), 1984).

The city acting through the city council may contract with private persons to abate those items declared nuisance pursuant to this chapter.

(Ord. 198 (part), 1984).

If the responsible party does not pay the cost of abatement within forty-five (45) days after being billed or within fifteen (15) days after an order of the city council affirming or amending the cost bill pursuant to Section 8.04.060, the city clerk may, in addition to other remedies it may have, institute an action in small claims court in the name of the city against the person billed or may request the auditor-controller of the county of Kern to place the amount billed on the tax roll as a special assessment against the premises. In addition, the city council may assign said claims to a collection agency. Amounts owed to the city for abatement shall bear interest at seven percent (7%) per year from the date of the abatement.

(Ord. 287, 1996: Ord. 198 (part), 1984).

It shall be unlawful for any person to interfere with an officer or employee of the city or a private contractor removing, destroying or otherwise abating any nuisance under the provisions of this chapter.

(Ord. 198 (part), 1984).