Chapter 15.216 — WEED AND REFUSE ABATEMENT

This chapter shall be known and may be cited as the “Weed and Rubbish Abatement Ordinance.” (1961 Code, § 12.30; Ord. 822)

The City Council hereby finds that weeds and refuse, as defined in § 8.32.020, on lots or parcels within the city, constitute public nuisances. (1961 Code, § 12.43; Ord. 822)

The Fire Chief of the city is hereby designated as the enforcement officer, whose duty it shall be to administer and enforce provisions of this chapter, except as otherwise provided herein. (1961 Code, § 12.31; Ord. 822)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Lot." A lot, parcel, tract, or piece of land, improved, or unimproved, including the sidewalk area abutting or adjoining such lot, parcel, tract or piece of land, and the parkways or areas lying between any abutting sidewalk and the curb or street line, or between the abutting property ownership line and any street line.

"Private lot." Any lot as above defined not owned and in the possession of a governmental agency or entity.

(1961 Code, § 12.32; Ord. 822)

• A. Whenever weeds, as defined in § 20.00.070, or refuse, as defined in § 8.28.020 of this code are situated upon any private lot, the enforcement officer shall cause notice to be posted upon or in front of such property requiring that any such weeds be destroyed or removed and any such refuse be removed by the owner or occupant within fourteen (14) days from and after the date of such posting. In the event such weeds or refuse are not so destroyed or removed within such period of time, or if a hearing is timely requested as provided for in § 15.216.070, within the time therein provided for, the enforcement officer shall forthwith cause the same to be destroyed or removed, and he or she and other employees of the city and any contractors for the city may enter upon the property for such purpose. Such notice shall be in the following form, the heading to be in letters not less than one (1") inch in height.

“NOTICE TO DESTROY WEEDS AND TO REMOVE REFUSE”

Pursuant to Chapter 15.216 of the Brea City Code, notice is hereby given that weeds and/ or refuse are situated upon this lot, and are a public nuisance. Said weeds are required to be destroyed or removed, and any such rubbish is required to be removed from this lot, and the public nuisance thus abated, within fourteen (14) days after the date of this posting, unless within ten (10) days after said posting date a person interested in this lot files in writing with the City Clerk of the City of Brea a request for hearing before the city council to consider objections to this abatement order. Said hearing shall be at the next regularly scheduled city council meeting, or any adjournment thereof, after the filing of said request. The date, time and place may be obtained from the city clerk. If a hearing is so requested, said public nuisance is required to be abated within fourteen (14) days after the date of said posting, or within five (5) days after the decision of the council, whichever is later, unless a longer period is directed by said council.

If said public nuisance is not abated as required, the City of Brea will abate or cause it to be abated, and the costs thereof shall be immediately due and payable and shall be assessed against this lot and become a lien thereon. A hearing before the city council to consider objections to said costs will be held on ______, 19. Said costs can be obtained from the city clerk ten (10) days before said hearing date.

Said Chapter 15.216 is available in the office of the City Clerk.

Dated and posted:

CITY OF BREA

By _______________________ Public Official

• B. Such notice shall be posted in front of or on the front portion of each separately owned parcel according to the last equalized assessment roll then available to the city. In the event that the parcel fronts on two (2) or more streets, one (1) posting shall be sufficient. In the event that such weeds or rubbish have not been caused to be removed or destroyed by the city within sixty (60) days after the date notice is posted on the property, a new notification shall first be posted.

(1961 Code, § 12.33; Ord. 822)

In addition to the notice above provided for, the City Clerk, within three (3) business days after the posting of such notices on the property, shall send a written notification, through the United States mail, first class, postage prepaid, to the owner of the subject property as shown upon the last equalized assessment roll then available to the city, which shall describe the property on which the notice has been posted, by street address, property description, or by reference to a nearby address of other property, or by any other description sufficient to identify the property. Such notice shall thereupon repeat the wording of the notice so posted, including the date thereof and the name of the public official so posting. Notwithstanding the requirements of this section, the failure to send the written notice herein provided for or any defect therein shall not invalidate any proceedings under this chapter.

(1961 Code, § 12.34; Ord. 822)

Any person with an interest in any property on which a “Notice to Destroy Weeds and to Remove Refuse” sign has been posted may, within ten (10) days of such posting, request a hearing before the City Council with respect to the abatement order. Such request shall be in writing, and shall identify the property and the interest of the person making such request for a hearing. It shall be automatically scheduled for the next regular City Council meeting, at which the Council shall hear and consider all objections to the abatement order. It shall be the responsibility of the party requesting the hearing to ascertain from the City Clerk the date, time and place of the hearing. The hearing may be continued from time to time. By motion or resolution at the conclusion of the hearing, the Council shall allow or overrule any objections. The decision of the Council shall be final and conclusive, and the burden shall be upon the objecting party to show that the abatement order is improper. In holding such hearing, the Council need not adhere to formal rules of evidence. In the event the objections are overruled, the owner and/or occupant will cause such abatement within five (5) days after the date of such hearing or within fourteen (14) days from and after the date such notice was posted, whichever is later, unless a longer period is permitted by the City Council in its motion or resolution overruling such objections. (1961 Code, § 12.35; Ord. 822)

The enforcement officer, and any employees of the city, and any contractors with the city, are hereby authorized to enter upon any lot in the city for the purpose of posting notices under § 15.216.050, and for the purpose of entering to destroy or remove weeds and to remove refuse. (1961 Code, § 12.36; Ord. 822)

Each cost so confirmed by the Council in accordance with § 15.216.120 shall be billed forthwith to the property owner of the lot at his or her address as shown by the last equalized county assessment roll then available to city, or at such other address as may have been furnished to city by the owner in connection with abatement proceedings, excepting those as to which such Council action occurs after July 1 and before August 10 of any year. However, the failure to furnish such bill will not invalidate the lien herein provided. The cost of abatement on each lot shall constitute a special assessment against that lot, and from the date of the Council action pursuant to § 15.216.120 is hereby made a lien upon such lot. To the extent such assessments have not been paid by July 1 of the particular year (whether or not billed to the property owner), a certified copy of all assessment reports adopted by the City Council and not theretofore forwarded to the County Auditor shall be forwarded to him or her on or before August 10. All such assessments which so constitute a lien shall be collected in the same manner as general city property taxes are collected and shall be contained on the tax bill therefor as prepared and mailed by county officials.

(1961 Code, § 12.37; Ord. 822)

The Council may order refunded all or part of an assessment paid pursuant to this chapter if it finds that all or part thereof was erroneously levied. No refund shall be made unless a written claim is filed with the City Clerk on or before December 10 of the tax year next following that in which the work resulting in the assessment was purportedly done. The claim shall be verified by the person who paid the assessment, or his or her guardian, executor or administrator, and shall set forth the basis for the claim. The Council shall hold a hearing with respect thereto at its next regular meeting scheduled at least ten (10) days after the filing of the claim, or at any adjourned session thereof, and claimant shall not be entitled to special notice thereof. The hearing may be continued from time to time. No refund shall be made of penalties or interest. (1961 Code, § 12.38; Ord. 822)

The enforcement officer shall keep a record of the cost of abatement on each separate lot wherein the city, or its contractors, abate any nuisance under this chapter. He or she shall quarterly submit to the City Clerk a written report showing such cost as to each such lot on which such abatement has been completed for at least ten (10) days prior to the filing of such report with the City Clerk, but may include the costs of more recent abatements. Such written reports shall be filed with the City Clerk no later than January 2, April 2, July 2, and October 2 of each year. (1961 Code, § 12.39; Ord. 822)

At the Council meeting next regularly scheduled at least eleven (11) days following the date on which such written report is to be filed with the City Clerk, or at any adjourned session thereof, the City Council shall conduct a hearing with respect to such costs contained in the written report of the enforcement officer. Any property owner or other person interested in a lot as to which a cost is proposed to be assessed may be heard and present such evidence in opposition to the proposed assessment as that person desires. The Council shall make its determination to each objection by motion, and, except to the extent that it may uphold any objection in whole or in part, or may decrease or eliminate any assessment on its own motion, shall adopt and confirm the written report of the enforcement officer by motion or resolution. The determination of the Council shall be final.

(1961 Code, § 12.40; Ord. 822)

The enforcement officer, upon a written determination filed with the City Clerk that weeds or refuse on any private lot constitute an immediate threat to the public health, safety and welfare, may enter or authorize other city employees or its contractors to enter on such private lot and forthwith destroy or remove such weeds and remove such refuse without notice of any nature. The resulting cost shall be payable by the same persons, in the same manner, and shall be a lien upon such lot and collectible as such all as provided in the preceding and succeeding sections of this chapter. Written notice of the hearing to be held pursuant to § 15.216.120 shall be mailed to the owner of record of such lot as appears from the last equalized county assessment roll then available, by first class mail, at least seven (7) days before the date of such hearing. (1961 Code, § 12.41; Ord. 822)

Costs of abatement, if done by a contractor, shall be the cost to the city, plus a reasonable amount on account of city's overhead attributable thereto. In the event city crews perform the work, cost and reason-able overhead for city personnel and equipment shall be applied. The Council shall annually, by resolution, adopt labor and equipment rates to be utilized in determining costs when city crews perform the abatement work and a percentage overhead factor to be applied thereto and to contract costs. Notwithstanding the foregoing requirement of an annual resolution, a resolution in this regard shall remain effective until the subsequent resolution is adopted. Notwithstanding the adoption of a successor resolution, the prior resolution shall apply to all abatements as to which notices were posted prior to the adoption of the successor resolution, unless the costs under the successor resolution would be lower. (1961 Code, § 12.42; Ord. 822)