Chapter 12.40 — LITTER, DEBRIS AND NOXIOUS PLANTS

Sections: 12.40.010 Weeds and debris prohibited on sidewalk area. 12.40.020 Depositing debris or rubbish on private property prohibited--Exception. 12.40.030 Allowing hazardous debris to remain on private property prohibited. 12.40.040 Noxious plants designated--Prohibited where. 12.40.050 Removal--Order issued when--Notice required. 12.40.060 Removal--Work performed by City when--Costs deemed lien on property. 12.40.070 Removal--Alternative methods authorized when. 12.40.080 Throwing or depositing rubbish or litter in public places or bodies of water prohibited. 12.40.090 Depositing cigarettes or other lighted substances prohibited where.

• See Chapter 1.24 for abatement of nuisances by City.

It is unlawful for any person, firm or corporation owning or having charge or control of any building, lot or premises in the City fronting on a paved street where a sidewalk is laid, either as owner, lessee, tenant, or otherwise, to allow upon any part of the entire width of the sidewalk area along said building, lot or premises, from curb to lot line, grass, weeds, dirt, rubbish or other obstructions or materials which, from any cause whatever, shall have accumulated or may accumulate or grow upon said sidewalk area above the established grade of the same. Such obstructions or materials shall not be swept or otherwise allowed or caused to go into the roadway or drainage structures. Provided, however that except as otherwise provided in Chapter 12.44, nothing herein contained shall be construed to require the removal from the borders of any sidewalk any ornamental plant, lawn, shrub, or tree of a reasonable growth, provided that the same are not in any manner obstructions to the free use of such sidewalk by pedestrians. (Ord. 6215-NS § 1, 1993; Ord. 3602-NS § 3, 1957)

Exception.

It is unlawful for any person, firm or corporation to throw or deposit, or to cause or to permit to be thrown or deposited, any paper, filth, manure, garbage, filthy water, offal, glass bottles, glass, nails, tacks, hoops, wire, cans, trash, refuse matter or rubbish of any kind whatever upon private property in the City; provided, however, that subject to the limitation of Section 12.40.030, grass cuttings, garden trimmings, stones, wood, and other similar things may be deposited on private property by the owner thereof or by any person having the written permission of the owner. (Ord. 3602-NS § 4, 1957)

prohibited.

It is unlawful for any person, firm or corporation to allow debris which is of such a nature that it constitutes a fire menace or fire hazard, or constitutes a rat harbor or a menace to the life, health, comfort or convenience of the community, to remain upon any private property in the City. (Ord. 3602-NS § 5, 1957)

It is unlawful for any person, firm or corporation to allow weeds, vines, shrubs, dead or damaged trees, or brush which bear seeds of a wingy or downy nature, or which are or may become a fire menace when mature or dry, or which contain poisonous oils or which are otherwise noxious or dangerous to the life, health, comfort or convenience of the community, to remain upon private property in the City. (Ord. 4649-NS § 2 (part), 1973; Ord. 3602-NS § 6, 1957)

If and when it shall appear that weeds, vines, shrubs, dead or damaged trees, brush and/or debris have been placed upon or are upon private property in the City in violation of any of the provisions of Sections 12.40.030 or 12.40.040, or both of said sections, and constitute or may become a menace as hereinabove set forth, the council of the City may by appropriate resolution order the removal thereof and shall cause notice to be posted upon such property to the effect that such weeds, vines, shrubs, brush, dead or damaged trees, and/or debris must be removed within seven days from and after date of such posting. The City Clerk may also send a similar notice to the last known owner of such property through the mail, but the sending of such notice, or the failure to send the same, shall not affect the power of the City as hereinafter provided. (Ord. 4649-NS § 2 (part), 1973; Ord. 3602-NS § 7, 1957)

property.

In the event that said weeds, vines, brush, shrubs, dead or damaged trees, and/or debris shall not have been removed, then upon the expiration of seven days from and after the posting of such notice, the City Manager shall cause the said weeds, vines, shrubs, brush, dead or damaged trees, and/or debris to be removed in such manner as they may reasonably determine from the property upon which notice was posted, and the cost of such work shall be kept and shall be a lien upon such property until paid, and shall be payable under the same rules and regulations as are provided for the collection and payment of taxes in the City. The lien shall attach at the time of the performance of such work, and the cost thereof shall be billed with the next ensuing tax bills against such property; provided, however, that if such work is performed subsequent to September first of any year, the bill therefor shall be annexed to the tax bill for the following fiscal year. (Ord. 4649-NS § 2 (part), 1973; Ord. 3602-NS § 8, 1957)

The method of removing weeds, vines, shrubs, brush, dead or damaged trees, and/or debris from property as herein provided shall not be an exclusive method, but shall be an alternative method, and such weeds, vines, brush, shrubs, dead or damaged trees, and/or debris may be removed from such property pursuant to the provisions of any law of the state, or of any ordinance of the City applicable thereto. (Ord. 4649-NS § 2 (part), 1973; Ord. 3602-NS § 9, 1957)

of water prohibited.

It is unlawful for any person, firm or corporation to throw or deposit, or to cause or to permit to be thrown or deposited, any dirt, paper, filth, sweepings, ashes, manure, garbage, filthy water, offal, straw, wood, stones, earth, grass, tree trimmings, garden trimmings, glass bottles, glass, nails, tacks, hoops, wire, cans, refuse matter or rubbish of any kind whatever, upon any avenue, street, way, lane, alley, court, park, playground, wharf or other public place, or into any fountain, pond, lake, stream, creek or any other body of water in the City of Berkeley. (Ord. 6215-NS § 2, 1993; Ord. 3602-NS § 1, 1957)

where.

No person in any vehicle and no pedestrian shall willfully or negligently throw, drop, or discard from or upon any public street, road, wharf or way, or from or upon any public park, beach, or any other public place, any lighted cigarette, cigar, ashes, or any other flaming or glowing substance. (Ord. 3602-NS § 2, 1957)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 5591-NS § 1 (part), 1984; Ord. 3602-NS § 13, 1957)