Atwater Municipal Code Ch. 8.28 Weed Control

Footnotes:

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Editor's note— Ord. CS 922, § 1, adopted Oct. 24, 2011, repealed the former Ch. 8.28, §§ 8.28.010—8.28.120, and enacted a new Ch. 8.28 as set out herein. The former Ch. 8.28 pertained to similar subject matter and derived from Prior Code, §§ 5-7.01—5-7.12; and Ord. CS 807, adopted Aug. 26, 2002.

As used in this chapter:

A. "Mistletoe" means Viscum album.

B. "Refuse" means all putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned autos, and solid market and industrial wastes.

C. "Weeds" means:

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

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

3. Weeds and grasses which are otherwise noxious;

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

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

(Ord. CS 922, § 1, 10-24-2011)

It is the duty of every person owning, leasing or occupying lands, buildings, grounds, or lots within the corporate limits of the City to:

1. Remove or destroy all weeds from lands, buildings, grounds, or lots;

2. Remove or destroy all weeds from the property line thereof to the curb line of the street upon which the lands, buildings, grounds, or lots abut; and

3. Keep all trees growing on the property and extending over the property line trimmed to a height of not less than seven feet.

(Ord. CS 922, § 1, 10-24-2011)

Every owner of real property within the corporate limits of the City shall keep such real property free and clear of all refuse or other materials dangerous or injurious to the neighboring properties or to the health or welfare of the residents of the vicinity of such property and shall keep such real property clear of all weeds.

(Ord. CS 922, § 1, 10-24-2011)

Every owner of real property within the corporate limits of the City shall keep such real property free and clear of all mistletoe.

(Ord. CS 922, § 1, 10-24-2011)

No waste materials (weeds, refuse or mistletoe) as mentioned in this chapter shall be deposited, placed, or dumped upon the public streets, between property lines, or in any alley, park, or park way in the City.

(Ord. CS 922, § 1, 10-24-2011)

Upon failure of the owner of any real property in the City, or the lessee, or the occupant thereof, to remove or destroy such weeds, refuse, or mistletoe from such real property, the owner shall receive a Notice and Order to Abate pursuant to the provisions of Section 8.32.50 of this title.

(Ord. CS 922, § 1, 10-24-2011)

Pursuant to Government Code Section 35900 et seq., weed, refuse and mistletoe abatement in the City shall be performed pursuant to procedures provided in Chapter 8.32 of this title.

(Ord. CS 922, § 1, 10-24-2011)

The cost of weed, refuse and mistletoe abatement shall be assessed against the parcel as a lien or a special assessment, as set forth in Chapter 8.32 of this title.

(Ord. CS 922, § 1, 10-24-2011)

Nothing contained in this chapter shall be construed to require the removal from real property of any ornamental trees, plants, lawns, or shrubs of a reasonable growth, providing the same are not in any manner obstructions to the free use of the sidewalk in front of or along such property by the pedestrians, and providing the same are not dangerous or injurious to neighboring property, or to the health or welfare of the residents of the vicinity of the property.

(Ord. CS 922, § 1, 10-24-2011)