Buena Park Municipal Code Ch. 15.34 Weed and Rubbish Abatement

The city council finds that weeds and rubbish on private lots, as such terms are defined in Section 15.34.030, constitute public nuisances.

(Ord. 1245 § 1, 1990)

This chapter shall be known and may be cited as the "Weed and Rubbish Abatement Ordinance."

(Ord. 1245 § 1, 1990)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"City"

means the city of Buena Park.

"City clerk"

means the city clerk of the city of Buena Park.

"City manager"

means the city manager of the city of Buena Park, or his or her designee.

"Council"

means the city council of the city of Buena Park.

"Director"

means the city of Buena Parks director of public works, or his or her designee.

"Lot"

means 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"

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

"Rubbish"

means and includes, but is not restricted to, all waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials.

"Weeds"

means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, and shall include any of the following:

Weeds which bear seeds of a downy or wingy nature;

Sagebrush, chaparral and any brush or weed which may attain large growth;

Weeds which are otherwise noxious or dangerous;

Poison oak and poison ivy;

Dry grass, stubble, brush, litter or other flammable material.

(Ord. 1245 § 1, 1990)

The director of public works, or such other person designated by the city manager, of the city is designated as the enforcement officer, whose duty it shall be to administer and enforce provisions of this chapter, except as otherwise provided herein.

(Ord. 1245 § 1, 1990)

A. Whenever weeds or rubbish, as defined in Section 15.34.030 of this chapter, are situated upon any private lot, the director 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 rubbish be removed by the owner or occupant within fourteen days from and after the date of such posting. In the event such weeds or rubbish are not so destroyed or removed within such period of time, or if a hearing is timely requested as provided for in Section 15.34.070 within the time therein provided, the director shall forthwith cause the same to be destroyed or removed, and the director and other employees of the city and any contractors for the city may enter upon the property for such purpose.

B. Such notice shall be in the following form, the heading to be in letters not less than one inch in height:

C. Such notice shall be posted in front of or on the front portion of each separately owned lot according to the last equalized assessment roll then available to the city. In the event that the lot fronts on two or more streets, one 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 days after the date notice is posted on the property, a new notification shall first be posted.

(Ord. 1245 § 1, 1990)

A. In addition to the notice provided for in Section 15.34.050, the director, within three 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 when 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 such 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.

B. 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.

(Ord. 1245 § 1, 1990)

A. Any person with an interest in any property on which a "Notice to Destroy Weeds and to Remove Rubbish" has been posted may, within ten 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, to be held at least ten days after receipt of such request, at which the council shall hear and consider all objections to the abatement order.

B. 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.

C. 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 days after the date of such hearing or within fourteen 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.

(Ord. 1245 § 1, 1990)

The director, and any employees of the city, and any contractor of the city, are authorized to enter upon any lot in the city for the purpose of posting notices under Section 15.34.050, and for the purpose of entering to destroy or remove weeds and to remove rubbish.

(Ord. 1245 § 1, 1990)

A. Each cost so confirmed by the council in accordance with Section 15.34.120 shall be billed forthwith to the property owner of the lot at the 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 1st and before August 10th of any year. However, the failure to furnish such bill will not invalidate the lien herein provided.

B. 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 Section 15.34.120 is made a lien upon such lot.

C. To the extent such assessments have not been paid by July 1st 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 theretofor forwarded to the county auditor shall be forwarded to the county auditor on or before August 10th. 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.

(Ord. 1245 § 1, 1990)

A. 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 10th 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.

B. The council shall hold a hearing with respect thereto at its next regular meeting scheduled at least ten days after the filing of the claim, or at any adjourned session thereof; and the 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.

(Ord. 1245 § 1, 1990)

The director shall keep a record of the costs of abatement on each separate lot wherein the city, or its contractors, abate any nuisance under this chapter. The director shall quarterly submit to the city clerk a written report showing such costs as to each such lot on which such abatement has been completed for at least ten 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 2nd, April 2nd, July 2nd and October 2nd of each year.

(Ord. 1245 § 1, 1990)

A. At the council meeting next regularly scheduled at least eleven 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 director. 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.

B. 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 director by motion or resolution. The determination of the council shall be final.

(Ord. 1245 § 1, 1990)

A. The director, upon a written determination filed with the city clerk that weeds or rubbish 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 rubbish without notice of any nature.

B. 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 this chapter.

C. Written notice of the hearing to be held pursuant to Section 15.34.120 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 days before the date of such hearing.

(Ord. 1245 § 1, 1990)

A. 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 reasonable overhead for city personnel and equipment shall be applied.

B. 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 the overhead factor to be applied thereto and to contract costs.

C. 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.

(Ord. 1245 § 1, 1990)

A. It is unlawful for any person, firm, partnership or corporation to interfere with the duties of the director or enforcement officer hereunder or to remove any notice posted hereunder. Any person, firm, partnership or corporation violating any provision of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.

(Ord. 1245 § 1, 1990)