Brisbane Municipal Code Ch. 8.50 Weed and Flammable Waste Abatement

A. The purpose of this chapter is to reduce the threat of fire created by weeds and flammable wastes located on private property which the fire chief determines constitute a fire hazard and a public nuisance. This chapter will establish a procedure for the abatement of such hazards by the city upon failure or refusal of the property owner to do so, and will enable the city to recover its abatement costs through the levy of an assessment against the property on which the abatement work has been performed.

B. This chapter is adopted pursuant to Sections 39501 and 39502 of the Government Code. It is intended as an alternative to the procedure set forth in Article 2 of Chapter 13, Division 3 of Title 4 of the Government Code (commencing with Section 39560). This chapter also supplements the provisions of Section 15.44.120 of the Brisbane Municipal Code (amending the California Fire Code) concerning removal of waste materials and combustible vegetation, and the provisions of Chapter 8.36 of the Brisbane Municipal Code, concerning abatement of public nuisances. The rights and remedies available to the City for abatement of weeds, rubbish, or other flammable material are cumulative and the City may proceed under this Chapter, or said Article 2 of the Government Code, or said provisions of the Brisbane Municipal Code, or any combination thereof, either simultaneously or successively.

C. Nothing contained in this chapter shall prevent the enforcement officer (as hereinafter defined) from abating any weed or flammable waste nuisance summarily, without notice to the property owner, pursuant to Section 8.36.100 of this code where an immediate hazard to the public health, safety or welfare is found by the enforcement officer to exist upon any real property in the city. In such event, the collection of abatement costs and levy of the same as a special assessment shall be conducted in accordance with the procedure set forth in Chapter 8.36 of this code. The enforcement officer is hereby given authority to conduct summary abatement proceedings pursuant to Section 8.36.100.

(Ord. No. 538, § 1, 4-6-09)

The duty and authority to enforce the provisions of this chapter are hereby delegated to the North County Fire Authority. In the event the North County Fire Authority is terminated or the city of Brisbane ceases to be a member thereof, the delegation of authority granted herein shall automatically expire.

(Ord. No. 538, § 1, 4-6-09)

A. The term "enforcement officer," as used in this chapter, means the person or persons duly authorized by the fire chief of the North County Fire Authority to administer and enforce the provisions of this chapter. If the North County Fire Authority at any time ceases to render weed abatement services for the city, the enforcement officer shall be such person as designated by the city council.

B. The term "fire chief," as used in this chapter, means the fire chief of the North County Fire Authority. If the North County Fire Authority at any time ceases to render weed abatement services for the city, the duties to be performed by the fire chief under this chapter shall instead be performed by the Brisbane city manager.

C. The term "weeds," as used in this chapter, includes, but is not limited to, any of the following:

1. Weeds and brush which attain such large growth as to become, when dry, a fire menace;

2. Weeds which are otherwise noxious or dangerous;

3. Poison oak when the conditions of growth are such as to constitute a menace to the public health;

4. Dry grass, grass cuttings, tree trimmings, vines, stubble, or other growth material which endangers the public safety by creating a fire hazard.

D. The term "flammable waste" includes debris, rubbish, refuse, wastepaper, litter, lumber, waste petroleum products, packing material, or other combustible or flammable waste material deemed by the enforcement officer to constitute a fire hazard.

(Ord. No. 538, § 1, 4-6-09)

No person having ownership or control of any property within the city shall cause or permit weeds or flammable waste material to remain or accumulate thereon, or upon the public right-of-way between the boundary line of such property and the paved surface of the street, or upon any abutting private roadway or easement over which the owner or occupant of such property has a right of access. Each of the conditions described herein shall constitute a public nuisance and the owner or other person having control over the property shall destroy or remove such weeds and flammable waste material.

(Ord. No. 538, § 1, 4-6-09)

The enforcement officer shall annually furnish to the fire chief a report of those properties on which weeds or flammable waste material have been found to exist which constitute a fire hazard in violation of this chapter. The fire chief shall review such report and make any changes thereto the fire chief deems necessary or appropriate. Upon approval of the report, the fire chief shall issue a written declaration of public nuisance to exist upon each of the properties identified in the report. Such declaration shall direct that a notice to abate be sent to the property owner in accordance with Section 8.50.060, and shall set a time and place for a public hearing to be conducted by the city council for the consideration of any objections by property owners to the declaration of nuisance.

(Ord. No. 538, § 1, 4-6-09)

A. The enforcement officer shall mail to the owner of each property on which a nuisance has been declared by the fire chief to exist, a notice to abate such nuisance within the time specified in the notice, which shall be not less than fifteen (15) days after the date on which the notice is mailed. The notice shall be mailed to each person to whom such property was assessed on the last equalized assessment roll available on the date the city council resolution is adopted pursuant to Section 8.50.050. The failure of any person to receive such notice shall not invalidate any of the proceedings conducted under this chapter.

B. The notice to abate shall advise the property owner of the following:

1. That upon failure by the owner to abate the nuisance within the specified time, the weeds or flammable waste will be removed by the city;

2. That all abatement costs incurred by the city, together with an administrative fee in the amount set forth in the notice, shall be charged to the owner;

3. That nonpayment of the abatement costs and the administrative fee will result in the same being levied as a special assessment against the property, to be collected at the same time and in the same manner as ordinary real estate taxes;

4. That any person objecting to the declaration of nuisance or the proposed abatement thereof may present such objections at a public hearing to be conducted by the city council at the time and place indicated in the notice.

(Ord. No. 538, § 1, 4-6-09)

The city council shall conduct a public hearing on the proposed abatement at the time and place specified in the notice to abate and shall hear and determine any objections by the owners of properties on which a nuisance has been declared to exist. At the conclusion of the public hearing, the city council shall sustain or overrule any objections which have been raised. The city council shall thereupon issue an order to the enforcement officer to abate the nuisance on each of the properties for which the original declaration of nuisance has not been rescinded by the city council.

(Ord. No. 538, § 1, 4-6-09)

Upon the failure by the property owner to remove or abate the nuisance within the time specified in the notice given pursuant to Section 8.50.060, the enforcement officer shall, without further notice to the property owner, cause the nuisance to be abated on each of the properties described in the order to abate issued by the city council pursuant to Section 8.50.070. The enforcement officer and his or her agents, employees and contractors are authorized to enter upon the property where such nuisance exists for the purpose of performing the abatement work. If the property on which the abatement work is to be performed is located within the San Bruno Mountain Area Habitat Conservation Plan (HCP), the abatement shall comply with any applicable requirements of the HCP, including the requirement to obtain a San Bruno Mountain Site Activity Review from the HCP Manager. Nothing herein shall prevent the property owner from abating such nuisance, so long as all abatement work is completed prior to the arrival of the enforcement officer or his or her representatives to remove the same.

(Ord. No. 538, § 1, 4-6-09)

A. At the time the city council issues the order to abate the nuisance, as provided in Section 8.50.070, and if so requested by the enforcement officer, the city council may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter, provided that upon the second and subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further public hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear on the current assessment roll.

B. The post card notice shall describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or adjacent to the property and that the same constitute a public nuisance which must be abated by removal, and that otherwise they will be removed and the nuisance abated by the city, in which case the cost of such removal will be assessed upon the parcel of land from which or adjacent to which the weeds were removed, and upon confirmation of such cost will constitute a lien upon such parcel until paid.

(Ord. No. 538, § 1, 4-6-09)

The enforcement officer shall keep an account of the costs of abating such nuisance upon each separate lot or parcel of land and shall send a bill for the same, including the administrative fee, to the property owner by mail, to the address or addresses to which the original notice of abatement had previously been sent. The bill shall specify that, upon failure of the owner to pay same in full within thirty (30) days from date of mailing, the amounts set forth in such bill will become a lien against the land and shall constitute a special assessment and be collected at the same time and in the same manner as general municipal taxes of the city. The billing shall also advise the owner that a hearing will be held by the city council at the time and place indicated in the billing, at which time the owner can raise any objections to the proposed assessment, and that no other or further notice will be given of such assessment and hearing other than as set forth in the billing.

(Ord. No. 538, § 1, 4-6-09)

The enforcement officer shall submit a report to the city council of all unpaid bills for abatement expenses and administration costs, and a list of the parcels to be assessed for such expenses and costs. The council shall conduct a public hearing on the report, at which time any property owner may object to any matter contained in the report. No notice need be given of such hearing other than the notice contained in the billing previously sent to the property owner in accordance with Section 8.50.100. The city council shall review the report, hear and determine any objections thereto, and make any changes therein it deems necessary or proper, after which the council shall by resolution confirm the report and assessment as submitted or modified.

(Ord. No. 538, § 1, 4-6-09)

The cost of abating the nuisance upon the property described in the enforcement officer's report, together with the administrative fee thereon, as finally confirmed by the city council, shall constitute a special assessment against each respective lot or parcel of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessment until paid. A certified copy of the assessment shall be filed with the county tax collector, who shall enter the amounts of such assessments against the respective lots or parcels of land on the county tax roll upon which general municipal taxes are to be collected, and the amount of each such assessment shall be collected at the same time and in the same manner as ordinary municipal taxes, and shall be subject to the same interest and penalties, and the same procedures for sale in case of delinquency. All laws and ordinances heretofore or hereafter made applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessments.

(Ord. No. 538, § 1, 4-6-09)