Burbank Municipal Code Div. 2 Abatement of Weeds by Alternate Summary PROCEEDINGS3

The word “weeds” as used in this article includes weeds which bear seeds of a downy or wingy nature; sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property; weeds which are otherwise noxious or dangerous, poison oak and poison ivy when conditions of growth are such as to constitute a menace to the public health; and dry grass, stubble, brush, or other flammable material which endangers the public safety by creating a fire hazard; and vegetation, vines and shrubs of every kind and nature overgrowing curblines or draping over walls or fences along, or projecting into, public streets, including alleys, thereby interfering with public street use and maintenance and the public safety; and all of the same are hereby declared to be a public nuisance. [Formerly numbered Section 24-26.1; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

The owner or person in control of any private property shall at all times maintain the premises free of weeds. [Formerly numbered Section 24-26.2; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

A. Notice to Remove: The Public Works Director is hereby authorized and empowered to notify the owner of any private property or parking within the City or the agent of such owner to properly dispose of weeds located on such owner’s property. Such notice shall be by certified mail, addressed to said owner or agent at their last known address. A copy of said notice shall be posted on the property.

B. Period During Which Owner Or Agent Shall Dispose Of The Weeds: The owner or agent of such owner shall be given five (5) days within which to dispose of the weeds described in the notice. The day of posting the notice shall be excluded in computing such period and no weeds shall be removed by the Public Works Director until such period has expired.

C. Form of Notice: The notice shall describe the work to be done and shall state that if the work is not commenced within five (5) days after notice is given and diligently prosecuted to completion without interruption, the Public Works Director shall dispose of the weeds and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

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commonly known as _____ is hereby orde

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within five (5) days from the date hereof. If the disposal of the weeds herein indicated is not commenced and diligently prosecuted to completion property, pursua

D. Public Works Director To Keep Record: The Public Works Director shall cause to be kept in their office a permanent record containing: 1) a description of each parcel of property for which notice to dispose of weeds has been given, 2) the name of the owner, if known, 3) the date on which such notice was mailed and posted, 4) the charges incurred by the City in disposing of the weeds, and all incidental expenses in connection therewith, and 5) a brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

E. Action Upon Noncompliance: Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the weeds within five (5) days after notice has been given as hereinbefore provided, or within twenty (20) days after the date of mailing such notice in the event the United States Postal Service is unable to make delivery thereof, provided the same was properly addressed to the last known address, of such owner or agent, the Public Works Director is hereby authorized and empowered to pay for the disposal of such weeds out of City funds and to order its disposal by City forces. Neither the City, members of the Council, Public Works Director, nor any officers, employees or agents of the City shall be personally liable for any bodily injuries or property damage arising under any contract made or work performed pursuant to the provisions of this section. The Public Works Director and their authorized representatives, including any contractor with whom they contract hereunder and assistants, employees, or agents of such contractor, are hereby authorized to enter upon said property for the purpose of disposing of the weeds described in the notice. Before the Public Works Director or their authorized representative or contractor arrives, any property owner may dispose of the weeds at their own expense.

F. Charge To Owner: When the City has effected the removal of such weeds or has paid for their removal, the actual cost thereof, plus accrued interest at the rate of seven percent (7%) per annum from the date of the completion of the work, if not paid prior thereto, shall be charged to the owner of such property and the owner, or their agent, shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien.

G. Recorded Statement Constitutes Lien: Where the full amount due the City is not paid by such owner within thirty (30) days after disposal of the weeds, then, and in that case, the Public Works Director shall cause to be recorded with the City Treasurer a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said weeds disposal work was done. The recordation of such sworn statements shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be subject to a delinquent penalty of ten percent (10%) in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The City Treasurer may record said lien with the County Recorder. [Formerly numbered Section 24-26.3; Amended by Ord. No. 3323, eff. 1/2/93; 3058, 2217.]