Chapter 11.08 — WEED AND RUBBISH ABATEMENT

All weeds growing upon any private property or in any public street, lane, way or alley, within the city, and bearing seeds of a wingy or downy nature or which because of having attained such a large growth and being dry shall have become a fire menace or which are otherwise noxious or dangerous, and all rubbish, refuse or dirt on parkways, sidewalks or private property, are hereby declared to be a public nuisance, and shall be abated by the owner of the property, who is hereby required to remove or destroy such weeds, rubbish, refuse or dirt from his or her property, and in the abutting one-half of the street in front, and the alley, if any, behind his or her property, and between the lot lines thereof extended. (1941 Code § 1399, Ord. 469, (1948))

Whenever any such weeds are growing or any rubbish, refuse or dirt exists upon any private property or in any street or alley within the city, the city council shall pass a resolution declaring the same to be a public nuisance, and order the city engineer to give notice of the passage of such resolution as herein provided, and stating therein that, unless such nuisance be abated without delay, the work of doing so will be done by the city authority and the expense thereof assessed upon the property from which the nuisance is removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal. (1941 Code § 1399.1, Ord. 469, (1948))

Such notice shall be substantially as follows:

Notice To Destroy and Remove Weeds and Rubbish NOTICE IS HEREBY GIVEN that on _____, 20, pursuant to the provisions of the Ordinance Code, city of Burlingame, the city council of said city passed a resolution declaring that all weeds growing, or rubbish existing, upon any private property or in any public street or alley, of such character as to be a fire menace, or otherwise noxious or dangerous, constitute a public nuisance and must be abated by destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall without delay destroy and remove all such weeds or rubbish from their property, and the abutting one half of the street in front, and alley, if any, behind, such property, and between the lot lines extended, or such weeds and rubbish will be destroyed and the nuisance removed by the city authority, in which case the cost of destruction or removal will be assessed upon the land from which, or from the front or rear of which, such weeds or rubbish shall have been destroyed or removed; and such cost will constitute a lien upon such land until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objection to the proposed destruction or removal of such weeds or rubbish are hereby notified to attend a meeting of the council of said city, to be held at the chambers in the city hall in said city on _____, 20, at __________ o'clock, p.m., when and where objections will be heard and given due consideration.

Dated _____, 20

---

City Engineer of the City of Burlingame.

Such notice shall be conspicuously posted in front of the property on which or in front or behind which, the nuisance exists, at least 10 days prior to the time fixed by the council for hearing objections, and shall also be posted not less than 300 feet in distance apart throughout the city. (1941 Code § 1399.2, Ord. 469, (1948); Ord. 1345 § 1, (1987))

At the time stated in the notice, the city council shall hear and consider any and all objections to the proposed destruction or removal of such weeds or rubbish, and may continue the hearing from time to time.

Upon the conclusion of such hearing, the council, by motion shall allow or overrule any or all objections, if any, after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction or removal of such weeds or rubbish. The action of the council at the conclusion of such hearing shall be final and conclusive. (1941 Code § 1399.3, Ord. 469, (1948))

After final action shall have been taken by the council in the disposition of all objections, or in case no objections shall have been received, the city council shall by resolution order the city engineer to abate or cause to be abated, such nuisance, by having the weeds or rubbish referred to destroyed or removed, and the city engineer and his or her assistants, employees, contracting agents or other representatives are hereby authorized to enter upon private property for that purpose.

Any property owner shall have the right to destroy or remove such weeds or rubbish himself or herself, or have the same destroyed or removed at his or her own expense, provided that such weeds or rubbish shall have been removed prior to the arrival of the city engineer or his or her representatives to remove them. However, it shall be unlawful for any property owner or other person to burn any such weeds or rubbish without first having obtained written permission so to do from the chief of the fire department. (1941 Code § 1399.4, Ord. 469, (1948))

The city engineer shall keep an account of the cost of abating such nuisance upon each separate lot or parcel of land, and the abutting one half of the street in front and the alley, if any, in the rear thereof and embody such account in a report and assessment list to the city council, which shall be filed with the clerk. Such report shall refer to each separate lot or parcel of land by description to be assessed against each separate lot or parcel of land therefor respectively. (1941 Code 1399.5, Ord. 469, (1948))

The city clerk shall post a copy of such report and assessment list at or near the entrance to the city hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, therein notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation printed and published within the city of Burlingame. The posting and first publication of said notice shall be made and completed at least 10 days before the time such report shall have been submitted to the city council. Such notice, as so posted and published shall be substantially in the following form:

NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED AND RUBBISH ABATEMENT NOTICE IS HEREBY GIVEN that on the __________ day of _____, 20 the city engineer of the City of Burlingame filed with the city clerk of said city a report and assessment on the abatement of weeds and rubbish within said city a copy of which is posted near the entrance to the Burlingame City Hall. NOTICE IS FURTHER GIVEN that on Monday, the __________ day of __________, 20 _____, at the hour of _____ o'clock p.m. in the council chambers in the city hall of said city, said report and assessment list will be presented to the city council of said city for consideration and confirmation, and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place to be heard. Dated __________, 20 _____

---

City Clerk of the City of Burlingame.

(1941 Code § 1399.6, Ord. 469, (1948); Ord. 1345 § 2, (1987))

At the time and place fixed for receiving and considering such report, the city council shall hear the same together with any objections which may be filed by any of the property owners liable to be assessed for the work of abating the nuisance mentioned in this chapter, and the city engineer shall attend such meeting with his or her record thereof, and at such hearing, the city council may make such modifications in the proposed assessments therefor it may deem just and proper, after which, such report and assessment list shall be confirmed by resolution.

The amount of the cost of abating the nuisance upon the property referred to in the report of the city engineer and as finally concluded by resolution of 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 assessments, until paid. (1941 Code, § 1399.7, Ord. 469, (1948))

A certified copy of the report shall be filed with the county controller on or before August 10th. Thereafter, such amounts shall be collected at the same time and in the same manner as general city taxes are collected, and shall be subject to the same interest and penalties, and the same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are made applicable to such special assessments.

(1941 Code § 1399.8, Ord. 469, (1948); Ord. 1345 § 3, (1987))