Chowchilla Municipal Code Ch. 8.12 Weeds

"Weeds," as used in this chapter, means and includes weeds, grass, ferns, vines and other similar natural growth other than growth ordinarily and customarily planted for decorative purposes and which has been planted for decorative purposes and is under continuing cultivation.

(Prior code § 10-16 (part))

A. All weeds growing upon the streets or sidewalks or upon or in front of private property within the city which bear seeds of a wingy or downy nature or attain such a large growth as to become a fire menace when dry, or at full natural growth will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, may be declared to be a public nuisance by the city council, and may thereafter be abated as provided in this chapter.

B. Whenever any such weeds are growing upon any street or sidewalk or private property, the city council may determine that the same constitute a public nuisance and may, by resolution, declare the same a public nuisance, and shall therein set out the types or sizes or heights or such other description of the weeds determined to constitute a public nuisance as should reasonably be anticipated to give any and all persons affected thereby notice thereof.

C. The director of public works or other designated public official may determine that a condition prohibited in this Section 8.12.020 is a seasonal or recurring nuisance. Such finding may be made where: (1) notice to abate by the director of public works or other designated official for the same condition(s) has been provided within the preceding twelve-month period; or (2) for seasonal weeds occurring in the spring, notice to abate by the director of public works or other designated public official for the same condition(s) has been provided for at least the two previous spring seasons.

Upon finding of a seasonal or recurring nuisance, the director of public works or other designated public official may require the property owner to undertake preventative measures to prohibit the nuisance from recurring.

In addition, notwithstanding other provisions of the Municipal Code, the property owner may be issued an administrative citation provided for in Chapter 1.10 without further notice.

(Prior code § 10-16 (part))

(Ord. No. 520-24, § 1, 4-9-2024)

A. After the passage of a resolution, as described in Section 8.12.020, the director of public works or other designated public official shall cause a notice to be mailed to each person to whom the affected property was assessed in the last equalized assessment roll available on the date the resolution was adopted by the city council. Such notices shall be headed "Notice to Destroy Weeds" and such notice shall be substantially in the following form:

"NOTICE TO DESTROY WEEDS"

"Notice is hereby given on the _____ day of _____, 20___, the City Council of the City of Chowchilla passed Resolution No. _____ declaring the noxious or dangerous weeds growing upon or in front of the property located at ___________ within the City of Chowchilla, the nature, size and types of such weeds being more particularly described in said resolution, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, otherwise they will be removed and the nuisance will be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lot and lands from which or in front of which or adjacent to which such weeds are removed, and such costs shall constitute a lien upon such lots or lands, until paid. Reference is hereby made to said resolution for further particulars. All property owners having any objections or protests to the proposed removal of such weeds are hereby notified to attend a meeting of the City Council of the City of Chowchilla, to be held in the Council Chamber, City Hall, 130 S 2nd Street, Chowchilla, California, on the _____ day of _____, 20___, when their objections will be heard and given due consideration."

B. Subsequent to the passage of the resolution provided for in Section 8.12.020, the hearing date and time may be fixed and determined by the director of public works or other designated public officer, to be the first meeting of any month at the regular hour of meeting of the city council in regular session, or it may be fixed and determined by the city council at any time. The notices provided for herein shall be posted at least five days prior to the time for hearing objections as fixed and determined in accordance herewith.

(Prior code § 10-17)

(Ord. No. 520-24, § 2, 4-9-2024)

At the time stated in the notices prescribed in the preceding section, the city council shall hear and consider all objections or protests, if any, to the proposed removal of weeds, and may continue the hearing from time to time. Upon the conclusion of such hearing, the city council, by motion or resolution shall allow or overrule any or all objections, whereupon the city council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the city council on the matter shall be deemed final and conclusive.

(Prior code § 10-18)

Any owner of property, upon which property a public nuisance has been declared to exist pursuant to Sections 8.12.010 through 8.12.040 who fails to abate such nuisance within ten days after the date of conclusion of the hearing with respect to such property, as provided in Section 8.12.040 shall be guilty of a misdemeanor.

(Prior code § 10-19)

After final action has been taken by the city council on the disposition of any protests or objections or, in case no protests or objections have been received, the city council, by motion or resolution, shall order the director of public works or other designated public officer to abate such nuisance by having the weeds referred to removed, and he and his assistants or deputies are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to have such weeds removed at his own expense providing the same is done prior to the arrival of the director of public works or such other public officer so designated or his representatives to do the same.

(Prior code § 10-20)

(Ord. No. 520-24, § 3, 4-9-2024)

Pursuant to the procedures set forth in Chapter 1.20 of this code, or as otherwise authorized by law, the city is entitled to seek recovery of all nuisance abatement costs incurred in connection with any action taken to abate any violation or public nuisance under this chapter, including but not limited to investigation, boundary determination, measurement, clerical, and weed abatement. The director of public works or such other public officer so designated shall keep an account of the cost of abatement for each separate affected property. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the expense proposed to be assessed against it, which shall include charges sufficient to pay for the administrative costs of the nuisance abatement program.

(Prior code § 10-21)

(Ord. No. 483-17, § 11, 6-27-2017; Ord. No. 520-24, § 4, 4-9-2024)

Alternatively, to following the procedures set forth in Chapter 1.20, the city is entitled to seek recovery of all nuisance abatement costs by levying a special assessment against the nuisance property for any unpaid nuisance abatement costs.

A. Notice of costs of abatement showing the total costs of abatement including administrative costs, shall be mailed to the owner and any lienholder of such lot or parcel in the same manner as the notice to abate was mailed pursuant to Section 8.12.030. Such notice shall state that the costs will be assessed against the affected parcel and that appeals on such assessment may be made to the city administrator by filing written objections with the city clerk that must be received within seven days after the date of the notice, and that, if no objections are timely filed, the property will be assessed without any hearing or further notice for the amount shown in the itemized written report.

B. The itemized written report, as described in Section 8.12.070, shall be submitted to the city council for confirmation.

C. The city clerk shall make available a copy of such report and assessment list together with the notice of filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation. The copy shall be available for at least five calendar days prior to submission to the city council.

D. At the time and place fixed for receiving and considering the report, the council shall hear the same, together with any protests and objections of the property owners liable to be assessed for the abatement. Upon the conclusion of such hearing, the city council shall then confirm the report by motion and amount thereof shall constitute a lien on the property assessed until paid.

E. A certified copy of the report shall be filed with the county auditor by the date set by the county auditor for entry of such entry on the county tax roll.

F. The amount of the assessment shall be collected at the time and in the manner of the ordinary municipal property taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal property taxes.

(Ord. No. 520-24, § 5, 4-9-2024)

Editor's note— Prior to reenactment by Ord. No. 520-24, adopted April 9, 2024, Ord. No. 483-17, § 12, adopted June 27, 2017, repealed § 8.12.080 which pertained to costs of removal—council hearing required, and derived from prior code § 10-22.

Editor's note— Ord. No. 483-17, § 12, adopted June 27, 2017, repealed § 8.12.090 which pertained to costs of removal—made lien on property when, and derived from prior code § 10-23.

Editor's note— Ord. No. 483-17, § 12, adopted June 27, 2017, repealed § 8.12.100 which pertained to costs of removal—refund to property owner—claim required, and derived from prior code § 10-24.