Article II — Weeds, Refuse and Litter

The city council finds and determines that the uncontrolled growth and/or accumulation of weeds, refuse and other discarded or abandoned materials on parking areas, streets, land or lots within the city creates a condition tending to reduce property values, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance to minors, creates a haven for rodents and insects, and generally creates a condition adverse to the health, safety and welfare of city residents. To eliminate these risks, the city council declares that weeds, refuse and abandoned materials in the city shall be abated in accordance with the provisions of this article.

(Ord. No. 426, § 1.)

As used in this article:

"Abandoned materials" means any thing, item or product that has been discarded, abandoned, thrown aside, or left as worthless, regardless of the condition of the thing, item or product.

"Fire chief" means the administrative head of the city fire department or his/her designee.

"Refuse" means and includes any of the following:

(a)

Garbage, waste or rubbish;

(b)

Grass clippings, tree or shrub trimmings, or other organic materials;

(c)

Unused or discarded collections of materials, including but not limited to wood, bedding, crockery, tires, papers, rags, boxes, cartons, construction debris, and other articles of similar nature; or

(d)

Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste.

"Responsible person" means and includes each property owner as identified on the last equalized assessment roll, and/or the lessee or occupant of such property.

"Streets" means and includes alleys, parkways, park paths, bicycle trails, roads, driveways, sidewalks and areas between sidewalks and curbs.

"Weeds" means and includes any of the following:

(a)

Weeds which bear seeds of a downy or wingy nature;

(b)

Sagebrush, chaparral and any other brush or weeds which attain such large growth as to become, when dry, a fire menace;

(c)

Weeds which are otherwise noxious or dangerous; or

(d)

Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

(Ord. No. 426, § 1.)

Any violation of the provisions of this article is hereby declared to be a nuisance, subject to redress as provided for in this article.

(Ord. No. 426, § 1.)

The provisions of this article do not provide the exclusive regulation for abatement of weeds, refuse and abandoned materials within the city. The rules set forth herein shall supplement and be in addition to other regulatory codes, statutes and/or ordinances heretofore and hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction over abatement of weeds, refuse and abandoned materials.

(Ord. No. 426, § 1.)

The fire chief or his/her designee shall administer and enforce the provisions of this article.

(Ord. No. 426, § 1.)

(a)

The violation of this article is an infraction and shall be punishable by:

(1)

A fine not exceeding fifty dollars for a first violation;

(2)

A fine not exceeding one hundred dollars for a second violation within one year;

(3)

A fine not exceeding two hundred fifty dollars for each additional violation within one year of the preceding violation.

(b)

Each and every day during which a stationary violation continues, except in cases in which a given time has been allowed for corrective action to be taken, shall be a separate and distinct offense.

(Ord. No. 426, § 1.)

The fire chief or personnel acting under his or her direction may enter upon private or public property to enforce or administer the provisions of this article: (i) with the voluntary consent of the owner or occupant of the premises, (ii) where there is no reasonable expectation of privacy, or (iii) pursuant to an inspection warrant in accordance with Sections 1822.50 to 1822.58 of the California Code of Civil Procedure. An inspection warrant shall be issued by a judge upon cause, unless some other provision of state or federal law makes another standard applicable, and shall be supported by an affidavit that particularly describes the premises to be inspected, the purpose of the inspection, and a statement that consent was sought and refused or facts reasonably justifying a failure to seek consent. Unless specifically authorized by the judge

issuing the inspection warrant, an inspection may not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, nor in the absence of an owner or occupant of the premises, or by forcible entry.

(Ord. No. 426, § 1.)

A responsible person shall not allow or cause the accumulation or proliferation of weeds, refuse or abandoned materials on property that is owned, controlled, leased or occupied by such person.

(Ord. No. 426, § 1.)

(a)

It shall be the duty of the responsible person to keep exterior private property free of weeds, refuse and abandoned material.

(b)

Responsible persons whose property abuts or faces on city sidewalks and strips between streets and sidewalks shall be responsible for keeping those sidewalks and strips free of weeds, refuse and abandoned material.

(c)

It is unlawful to sweep or push refuse from private property, sidewalks or strips into streets. Refuse from private property, sidewalk or strips between streets shall be picked up and put into household or commercial solid waste containers, as appropriate.

(Ord. No. 426, § 1.)

(a)

It is unlawful for the responsible person, agent or contractor in charge of any construction or demolition site to cause, maintain, permit, or allow to be caused, maintained or permitted, the accumulation of any refuse on the site before, during or after completion of the construction or demolition project.

(b)

It shall be the duty of the responsible person, agent or contractor to have on the site adequate containers for the disposal of refuse and to make appropriate arrangements for the collection thereof or transport to an authorized facility for final disposition in a manner consistent with other provisions of this Code.

(c)

The responsible person, agent or contractor may be required at any time to show proof to the fire chief, or his/her designee, of appropriate collection, or of final disposition at an authorized facility.

(Ord. No. 426, § 1.)

(a)

It shall be the responsibility of a responsible person to abate and remove any accumulated weeds, refuse or abandoned materials located on property that is owned, controlled, leased or occupied by such person or abutting sidewalks and streets.

(b)

Weeds shall be removed or destroyed by utilizing the methods of discing, rotovating, preventative chemical control, cutting, or other safe and effective means of abatement. Weeds or refuse, or both, when removed from the property shall be disposed of only in the manner prescribed by applicable federal, state and local laws, and regulations adopted hereunder.

(c)

Removal or destruction by burning within the city is prohibited unless the written permission of the fire chief is first obtained.

(Ord. No. 426, § 1.)

(a)

The fire chief or his/her designee shall conduct periodic inspections of property within the city to determine compliance with this article. The fire chief or his/her designee shall also respond to and investigate citizen complaints regarding an accumulation of weeds, refuse and/or abandoned materials.

(b)

Upon a determination that any accumulation of weeds, refuse and/or abandoned materials is otherwise not in compliance with this article, the fire chief or his/her designee shall send a written notice to all responsible persons advising such persons that the weeds, refuse and/or abandoned materials shall be abated by the date set forth in the notice. The written notice shall advise all responsible persons that if accumulated weeds, refuse and/or abandoned materials are not abated within the time set forth in the notice, the city will arrange for abatement at the expense of any or all responsible persons. The notice shall contain a section for a responsible person to return to the fire department to indicate whether the responsible person intends to perform the abatement, or whether the responsible person elects to have the fire department complete the abatement at his or her cost. The notice shall also contain a section for any person receiving the notice to advise the fire department that the property involved has been sold and the identity of the new owner(s).

(c)

The notice sent to a responsible person pursuant to this section shall advise the responsible person that the action required by that notice can be appealed to the city council and that the notice must be appealed

within ten days of the date of the notice.

(d)

If a responsible person does not either: (1) appeal the action requested by the notice, or (2) abate the weeds, refuse and/or other abandoned materials by the date set forth in the notice, the fire chief or his/her designee may, subject to the provisions of Section 14-16, enter upon the property identified in the notice to remove and abate such items. In the alternative, the fire chief, or his/her designee may contract with a private party or parties to cause the removal or abatement of such items, and such parties shall have the right of entry to the same extent as the fire chief. In the event the fire chief retains a private party or parties to effect removal or abatement, such party or parties shall operate under the control and direction of the fire chief, and the fire chief shall impose such conditions and limitations upon the authority of the private party as he finds necessary to protect the property and any persons thereon.

(e)

In addition to any costs incurred by the city for abatement activity taken under this section, an administrative fee will be charged to reimburse the city for administrative time devoted to abatement of the weeds, refuse and/or other abandoned materials. The administrative fee will be established by resolution of the city council.

(f)

The fire chief or his/her designee shall serve the notice required under this section on each responsible person pursuant to the procedures set forth in subsection (g) of this section. Any notices which are posted shall bear a title which reads "Notice to Remove Weeds, Refuse or Abandoned Materials," in a typeface not less than one inch in height. Notices which are posted shall be conspicuously posted in front of the property, or if the property has no frontage, then upon a portion of the property nearest to a street most likely to give actual notice to the owner(s). Notices shall be posted not more than one hundred feet in distance apart upon property with more than two hundred feet of frontage, and at least one notice shall be posted on each parcel with two hundred feet or less of frontage.

(g)

The notice provided for in this section shall be sent by certified or registered mail and shall be deposited in the United States Post Office at Colusa, California, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the real property in the most current equalized assessment roll of Colusa County, including updated computer printouts available to the fire chief at the time notice is prepared, at the address as shown therein. If no address is therein shown and none is otherwise available to the fire chief, then the notice shall be securely affixed to the real property at such a location as described above in this section. Service of notice by posting the property shall be deemed complete for purposes of this article ten days after the notice is actually affixed to the property. In any instance where mailed notice is returned by the postal service undelivered because the person is not at that address and the fire chief has no further information as to a current mailing address for that person, the fire chief shall accomplish service of notice by posting the property in the manner prescribed in this section. As an alternative to the above- described methods of service of the notice, the notice may be served by personal delivery of a copy of the

notice to the person to be served. Service of a notice in this manner is deemed complete at the time of such delivery.

(h)

In any instance where the property involved is one-half acre or larger in size and/or is located in a sparsely populated area of the city, the fire chief may direct that proper firebreaks be cut in lieu of requiring that the weeds be moved from or destroyed on the whole of such property.

(Ord. No. 426, § 1.)

(a)

Right of Appeal. A responsible person may appeal the notice of abatement to the city council. Every such appeal shall be made in writing and filed with the city clerk within ten days of the date of the notice of abatement. The statement of appeal shall specify the grounds upon which the appeal is made and shall be accompanied by any supporting documentary material the appellant desires the city council to consider on the appeal.

(b)

Fee. The written notice of appeal shall be accompanied by such nonrefundable filing fee as may be established by resolution of the city council.

(c)

Notice. Upon receipt of the notice of an appeal, the city clerk shall set the appeal for a hearing, which shall be held within thirty days of receipt of said notice, and shall give written notice to the appellant and the fire chief of the date, time and place of said hearing. The clerk's notice to the appellant shall be given in the manner specified in Section 14-21(g).

(d)

Action on Appeal. The city council may affirm, rescind or modify the notice of abatement as it deems just and equitable, and the decision of the city council shall be final.

(Ord. No. 426, § 1.)

When any condition on, or use of, property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate threat or danger to the health or safety of the public or a significant portion thereof, the fire chief is hereby authorized summarily and without notice to abate the same. The expenses of such abatement shall become a lien on the property and may be collected pursuant to the provisions of this article.

(Ord. No. 426, § 1.)

(a)

The fire chief shall promptly report in writing to the finance manager the cost of destruction or removal of weeds, refuse, or abandoned material, which was done at the expense of the city, the dates same was done, and the name of the owner or owners and a description of the parcel or parcels upon which the abatement work was done, their mailing addresses, and any other information deemed pertinent.

(b)

Upon receipt of the report, the finance manager shall immediately bill the responsible person(s) for payment of the cost of the abatement work, together with an administrative charge as set by a resolution of the city council on file in the city clerk's office, stating that the billing is due and payable within thirty days of its date, and if not paid within that time the amount thereof may become a lien on the property upon which the abatement work was performed and may be collected with taxes assessed on the secured tax roll of Colusa County.

(c)

The finance manager shall keep an account of the costs, including administrative charges, incurred by the city to destroy or remove weeds, refuse or abandoned material as aforesaid for each separate lot or parcel of land and the portions of streets adjoining the same and shall embody such account in a report and assessment list made to the city council, which report shall be filed with the city clerk. Such report shall refer to each separate lot or parcel of land by description reasonably sufficient to identify the same, together with the expenses, including administrative charges, proposed to be assessed against it. The report and assessment list need not contain any reference to lots or parcels of land upon which abatement work has been done at the expense of the city, if the cost thereof has been paid to the city prior to the preparation of the report and assessment list.

(Ord. No. 426, § 1.)

(a)

The city clerk shall post a copy of the finance manager's report and assessment list on the bulletin board in the City Hall, together with notice of the filing thereof and the time and place when and where it will be submitted to the city council for hearing and confirmation. The finance manager shall mail to the person or persons whose property is mentioned in the report and assessment list and in the manner prescribed in Section 14-21(g), a notice in form substantially as follows:

ASSESSMENT FOR DESTRUCTION OR REMOVAL OF WEEDS, REFUSE, OR ABANDONED MATERIAL, AND NOTICE OF HEARING TO CONFIRM ASSESSMENT

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 14 of the Colusa City Code, the Fire Chief has destroyed or removed weeds, refuse, or abandoned material, from real property owned, occupied, rented, managed or controlled by you and from portions of streets, alleys and sidewalks

adjoining the same, which real property and the cost of said abatement work are as described and set forth on the enclosed billing.

NOTICE IS HEREBY FURTHER GIVEN THAT on _____ day of ____, 20, at the hour of _____, or as soon thereafter as the matter can be heard at ___________, the report of the Finance Manager on the cost of destruction or removal of weeds, refuse, or abandoned material, and the assessment list thereof, will be presented to the City Council for consideration, correction and confirmation, and that at said time and place any and all persons interested in or having any objections to said report or list of proposed assessments, or to any matter or thing contained therein may appear and be heard. The failure to make any objection or protest to said report and list shall be deemed a waiver of same.

Upon confirmation of said assessment by the City Council, the amount thereof will be due and payable. In the event the same is not paid within fifteen (15) days following confirmation, said assessment along with an additional fee as set by resolution of the City Council on file in the City Clerk's office will be added to the secured property tax roll of Colusa County and thereafter shall become a lien on said property.

If you have any questions, or want additional information regarding this matter, please contact the Finance Manager at 425 Webster Street, Colusa, CA, 95932; telephone: (530) 458-4740.

(b)

The posting of the finance manager's report and assessment list and the mailing of notice to property owners as above provided for shall be done at least ten days before the date of the hearing scheduled before the city council.

(c)

In every instance where abatement work has been performed at the expense of the city and a billing therefor has been rendered and is past due as of June 1st of any calendar year, the hearing for confirmation thereof shall be had by June 30th of that same calendar year; if the same is past due as of December 1st of any calendar year, the hearing for confirmation thereof shall be had by December 30th of that same calendar year.

(Ord. No. 426, § 1.)

At the time and place fixed for receiving and considering the finance manager's report and assessment list, the city council shall hear the same together with any protests or objections which may be raised or lodged

by property owners or other interested persons. Upon the conclusion of such hearing, the city council shall make such corrections or modifications in any proposed assessment or assessments which it may deem to be excessive or otherwise incorrect after which such assessment or assessments shall be confirmed by resolution adopted by the council. The city council may delete from the report and cancel any proposed assessment found improper or unjustified. The confirmation of the report and assessments by the city council shall be final and conclusive.

(Ord. No. 426, § 1.)

(a)

It shall be permissible for any person to pay the amount of such assessment that has been imposed for the destruction and removal of weeds, refuse, or abandoned material, within fifteen days following the date of adoption of the city council resolution confirming the assessment. If the assessment is not paid on or before said date, the total amount thereof shall be entered on the next succeeding fiscal year's secured tax roll of Colusa County for that property, and the assessment shall thereupon become a lien against the property, and the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. The lien of the assessment shall have the priority of the taxes with which is it collected. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.

(b)

If the property is owned by a public agency of the local, state or federal government, the assessment shall not be entered on the county tax roll, but rather collected in the same manner as other unsecured obligations due and owing to the city.

(c)

Further, if the assessment is not paid within fifteen days following the date of adoption of the city council resolution confirming it, the fire chief may prepare and cause to be recorded in the office of the county recorder a notice of lien, which shall be in form approved by the city attorney, and from the time of recording the notice of lien, the amount of the assessment shall be and constitute a lien upon the property having the force and effect of a judgment lien until released and discharged, or otherwise extinguished in the manner provided by law. When the assessment is paid, the fire chief shall promptly deliver to the person or persons entitled thereto a release of lien, which shall be in form approved by the city attorney, which may be recorded by such person or persons to extinguish the lien on the property. The fire chief shall not record a notice of lien against property owned by a public agency of the local, state or federal government.

(Ord. No. 426, § 1.)

If any real property to which the lien provided for in Section 14-27 would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide purchaser for value has been

created and attaches thereon, prior to the date on which the first installment of such taxes levied for municipal purposes would become delinquent, then the lien which would otherwise be imposed by this chapter shall not attach to such real property, and the costs of abatement as confirmed relating to such property shall be transferred to the unsecured tax roll for collection. In such event, the city may notify the appropriate county officials that it will undertake collection of the amount owing from the property owner or owners at the time the abatement work was actually performed utilizing collection procedures applied with respect to other unsecured obligations due the city.

(Ord. No. 426, § 1.)