Compton Municipal Code § 8-11 Weed and Rubbish Abatement Program

[Ord. #2188, § 2]

a. It is the intent of the Council of the City of Compton to provide a comprehensive method for the identification and abatement of property within the City of Compton on which there is an accumulation of grass, weeds and rubbish.

b. Provisions of this section are to be supplementary and complementary to all of the provisions of the Compton Municipal Code, State law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City of Compton to abate any and all nuisances.

[Ord. #2188, § 2]

The provisions of this section shall apply generally to all property throughout the City of Compton, wherein any of the conditions, hereinafter specified, are found to exist.

[Ord. #2188, § 2]

For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directive.

a. GRASS IN EXCESS OF SIX INCHES – Shall mean any indigenous or ornamental grass including, but not limited to blue grasses, fescues and St. Augustine.

b. HEARING OFFICER – Shall mean the person designated by the City Manager or his/her designee to conduct a public hearing to determine the validity of the charges of the violation in question.

c. LESSEE – Shall mean any person to whom a lease is made and holds an estate by virtue of the lease.

d. NOXIOUS WEEDS – Shall mean any species of plant that is, or is liable to be troublesome, aggressive, intrusive, detrimental, or destructive to agriculture, silviculture (the study, cultivation, and management of forest trees), or important native species and is difficult to control, or eradicate.

e. OCCUPANT – Shall mean any person having possessory rights of the property and has the actual use, possession or control of same.

f. OWNER – Shall mean any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable right to the real property upon which the violation occurred.

g. PARKWAY – Shall mean the area between the sidewalk and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and property line adjacent thereto. Parkway also includes any area within the roadway which is not open to vehicular travel.

h. PERSON – Shall mean any individual, partnership, corporation, company, association, business, firm, governmental entity or other legal entity.

i. RUBBISH – Shall mean all trash or garbage found upon the parkways, alleys, sidewalks or private property in the City of Compton, which rubbish creates an immediate danger to the health, welfare, or safety of the community, and shall include the following: accumulations of dirt; accumulations of the combustible trash including garden refuse, cuttings, industrial and commercial refuse and household refuse; accumulations of trash which may be breeding places for rats, roaches or other vermin; accumulations of trash which may be immediate fire hazards; and safety hazards, including broken appliances or abandoned machinery.

j. SIDEWALK – Shall mean that part of a public right-of-way that is designated and used primarily for pedestrian travel.

k. STREET – Includes but is not limited to public street, alley, lane, court or other place.

l. WEEDS IN EXCESS OF SIX INCHES – Shall mean all weeds growing upon private property, parkways, easements, alleys, or sidewalks, or any of the following:

1. Weeds which bear or may bear seeds of a downy or wingy nature;

2. Weeds and indigenous grasses which may attain such large growth as to become, when dry; a fire menace to adjacent improved property;

3. Weeds which are otherwise noxious or dangerous; and

4. Poison oak, poison ivy and/or castor beans when the condition or growths are such as to constitute a menace to the public health.

[Ord. #2188, § 2]

The Municipal Law Enforcement Director, Building Official, Street Superintendent, Fire Chief or their respective designees or any other Director authorized by the City Manager, are authorized to administer and enforce the provisions of this section.

[Ord. #2188, § 2]

a. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment in the County jail for six months, or by both such fine and imprisonment.

b. In accordance with California Penal Code Section 373a, a crime can be charged for each day the violation continues following service of a notice of the violation.

c. In addition to all other remedies and penalties available for any violation of this section, the City Attorney is authorized, to bring a civil action in any court of competent jurisdiction for injunctive relief and to recover any other civil penalties which may be sought in accordance with the applicable provisions of the Civil and Penal codes of the State of California.

d. As an alternative to a criminal citation, the City may issue an administrative citation pursuant to Compton Municipal Code Section 1-7.

[Ord. #2188, § 2]

a. In accordance with Government Code Section 38773.5(b), the prevailing party in any proceeding conducted pursuant to this weed abatement Section 8-11 and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding.

b. The recovery of attorneys' fees by the prevailing party is limited to those individual actions or proceedings in which the City elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys' fees.

c. An award of attorneys' fees to a prevailing party in an action or proceeding shall not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

[Ord. #2188, § 2]

It is declared unlawful and a public nuisance for any owner of real property in this City to maintain such premises or to permit such premises to be maintained in such a manner that any one or more of the conditions or activities described in the following paragraphs are found to exist:

a. The keeping, storage, depositing, or accumulation on the premises of rubbish which poses a risk of harm to the public or constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to the use and enjoyment of nearby properties or reduces nearby property values.

b. Property on which weeds and grass exist in excess of six inches outside of a managed landscape or garden area where such plants are purposefully cultivated, propagated, and controlled; or where noxious weeds or other vegetation pose a risk of harm to the public, or constitute visual blight, or reduce the aesthetic appearance of the neighborhood, or are offensive to the senses, or are detrimental to the use and enjoyment of nearby properties, or which reduce nearby property values.

[Ord. #2188, § 2]

a. Every owner of real property or person having charge or control of same is required to maintain such property in a manner so as not to violate the provisions of this section. The owner shall maintain the property free of rubbish, weeds or grass in excess of six inches.

b. Every owner of real property or person having charge or control or occupancy of same is presumed to know that the weeds or grass thereon, or on a part thereof exceed six inches in height, if the height of a substantial portion of the weeds or grass remains in excess of six inches in height for one calendar week.

c. Such owner remains liable for violations on his property regardless of any contract or agreement with any third party regarding such property.

d. Every occupant, lessee or holder of any interest in property, other than, as owner, is required to maintain such property in the same manner as is required of the owner. The duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty.

[Ord. #2188, § 2]

Every owner of real property or person having charge or control of same is required to maintain the property free of rubbish, weeds or grass over six inches from his property extending to the center of the street which includes the parkways, sidewalks, alleys, easements, etc.

[Ord. #2188, § 2]

Upon determining that certain properties located in the City of Compton are in violation of this section, the Municipal Law Enforcement Director or designee, shall issue a notice directed to the record owner and to any occupants, as appropriate, of the property. The notice shall contain:

a. The street address and such other description as is required to identify the premises.

b. A statement which specifies the conditions which constitute the nuisance and which also may specify the measures necessary to abate the nuisance.

c. An order that the nuisance be abated within 15 days from the date of service of the abatement notice.

d. A statement that, if the conditions which constitute the nuisance are not abated by the owner within the time specified, the City shall have the right to abate such conditions with the cost thereof to be assessed against the owner of the property.

e. A statement that the owner and/or any occupant to whom the notice has been directed, has the right to request a hearing before a Hearing Officer, and that such request must be made in writing and must be made within the time period within which the owner has been ordered to abate the nuisance.

[Ord. #2188, § 2]

a. Service 15 Days Before Abatement Deadline. The written notice shall be served upon any owner and occupant of the property upon which the nuisance exists, at least 15 calendar days before the abatement deadline date specified in said notice.

b. Owner. The written notice shall be served either by personal delivery upon the record owner or by mailing a copy to the record owner by United States Mail, postage prepaid, as certified, first class mail, return receipt requested to the owner's last known address as it appears on the latest equalized assessment roll of Los Angeles County or to the address known by the City Clerk.

c. Occupant. The written notice shall be served on any occupant to whom the notice has been directed by personal delivery to said occupant or by mailing a copy to the occupant by first class mail at the address of the subject property or to another address known to be the occupant's home, business or mailing address.

d. Failure to Receive Notice. The failure of the owner or occupant to receive such notice shall not affect the power of the City or its officers or employees to proceed as provided in this section.

e. Proof of Service. Proof of service of the notice shall be certified by written declaration under penalty of perjury executed by the person effecting service. It shall declare the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be made part of the department's permanent record.

If the owner's address is unavailable pursuant to subsection 8-11.11b, (Abatement Notice — Service; Owner) such service may be made by posting the notice in a conspicuous place either upon or in front of the property of which the nuisance exists, as follows:

a. One notice shall be posted on or in front of each separately owned parcel.

b. Not more than two notices to any such parcel of 50 to 100 feet frontage are required.

c. Notices shall be placed at intervals of not more than 100 feet if the frontage of a parcel is greater than 100 feet, with one notice for each 100 feet of frontage.

[Ord. #2188, § 2]

The owner and occupant shall abate the public nuisance within 15 calendar days from the date of service of the abatement notice.

[Ord. #2188, § 2]

a. After the written notice has been served, it shall be the duty of the owner and any occupant to whom the notice has been directed, to abate such nuisance within the time specified by the notice. However, within this time, the owner or occupant may request a hearing before a Hearing Officer.

b. The request must be made in writing, and must set forth the reasons why the abatement is not necessary. The request must be made within 15 calendar days from the date of service of the abatement notice. It must be filed by delivering the request to the Municipal Law Enforcement Services Director or his designee.

c. The appeal hearing shall be set not less than 15 calendar days and not more than 30 calendar days from the date the owner or occupant filed a request for a hearing with the Municipal Law Enforcement Services Director or his designee.

[Ord. #2188, § 2]

a. Upon receipt of a timely, written request for a hearing, the Municipal Law Services Director or his designee or any other Director authorized by the City Manager shall serve upon the owner or occupant who has appealed a copy of the notice of hearing. The appeal hearing notice shall be served at least 10 calendar days before the hearing. Service shall be completed in the same manner as set forth in subsection 8-11.11 (Abatement Notice — Service).

b. The failure of any person to receive such notice shall not affect the validity of any proceedings under this section.

[Ord. #2188, § 2]

a. At the time stated in the notice, the Hearing Officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, including City personnel, and interested persons relative to the alleged public nuisance and to the proposed abatement of the premises. The hearing may be continued from time to time without further notice.

b. Upon conclusion of the hearing, the Hearing Officer shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in subsection 8-11.7 (Public Nuisance). If the Hearing Officer finds that a public nuisance does exist, it shall determine how the nuisance is to be abated and shall establish a time, not to exceed 10 calendar days, within which abatement shall take place. In the event the owner fails to correct the nuisance within the time prescribed, the City shall cause the nuisance to be abated. The cost incurred by the City, including incidental enforcement costs, plus any prescribed penalties, shall become a lien upon the property.

c. A copy of the Hearing Officer's determination, noted as the Abatement Order, shall be served as set forth in subsection 8-11.11 (Abatement Notice — Service), upon the owner of the affected property and any occupant who may have requested a hearing.

d. The decision of the Hearing Officer shall be final.

e. Failure to attend the appeal hearing by the person appealing shall constitute a waiver of his or her rights to an appeal hearing and adjudication of the abatement notice or any portion of the notice.

[Ord. #2188, § 2]

Once the Hearing Officer determines that a public nuisance exists he shall issue an abatement order upon those who have submitted written requests for a hearing. The order shall state that unless the nuisance is removed and abated within 10 calendar days from the date of mailing, the Street Superintendent or his designee shall abate the nuisance.

[Ord. #2188, § 2]

The abatement order shall be served in the same manner as set forth in subsection 8-11.11 (Abatement Notice — Service).

[Ord. #2188, § 2]

In the event the nuisance is not abated by the time specified in either the abatement notice or the abatement order, the Street Superintendent or designee may enter onto any private property and abate any nuisance found on or in front of the property.

[Ord. #2188, § 2]

The City Council may, from time to time, establish a schedule of administrative and abatement costs and fees by resolution.

[Ord. #2188, § 2]

Any legal owner of real property who causes, maintains or permits a public nuisance to continue on his property after such person is given written notice to abate the nuisance, and such continuation goes beyond the time set for such abatement in the written notice, then such owner shall be liable to the City for attorneys' fees as set forth in subsection 8-11.6 (Recovery of Attorneys' Fees) and the expenses incurred in detecting, investigating, abating the violation and the costs of monitoring compliance. If the owner fails to reimburse the City within 30 calendar days from the date of billing, the City may recover such costs by either; instituting a civil action, imposing a nuisance abatement lien, a special assessment lien or any combination thereof. The City may also pursue any other remedy available under the law.

[Ord. #2188, § 2]

The Street Superintendent shall, after the removal of weeds and/or rubbish from any lot, compute all expenses, so incurred by the City in connection therewith including the applicable processing fees and all incidental enforcement costs plus any prescribed penalties. All expenses may be charged as a lien against the property on which the nuisance existed.

[Ord. #2188, § 2]

The Street Superintendent, upon completion of abatement under the direction of the City, shall prepare an Abatement Cost Report which provides an accounting of the costs, including incidental expenses, incurred as a result of abating the public nuisance. The Abatement Cost Report shall itemize all costs associated with the abatement as well as:

a. A description of the real property where the abatement activity took place.

b. The names and addresses of the persons entitled to receive notice.

c. A description of the work completed.

d. A determination that the amount of the costs set forth in the Abatement Cost Report are accurate and reasonable.

e. Notice of the opportunity to appeal the amount and the reasonableness of the abatement costs.

f. Notice of the manner in which the City intends to collect the final and approved abatement costs including, but not limited to, by special assessment against the property.

[Ord. #2188, § 2]

On a periodic basis, as determined by the Street Superintendent, the original Abatement Cost Report shall be filed with the City Clerk on those properties for which the owner has not fully reimbursed the City within 30 calendar days from the date of billing.

[Ord. #2188, § 2]

a. The City Clerk shall maintain a copy of the Abatement Cost Report, assessment list, notice of the filing of the report and the time and place where said documents will be submitted to the City Council for confirmation and hearing for public inspection.

b. Said documents shall be posted on the bulletin board adjacent to the entrance to City Hall notifying the public of the time and location of the hearing at which they may be heard.

c. The posting and first publication of said notice shall be made and completed at least 10 calendar days before the time such report shall be submitted to the City Council. Such notice, as so posted and published, shall be substantially in the following form:

d. A similar notice shall also be published in a newspaper of general circulation which is published and circulated within the City.

[Ord. #2188, § 2]

a. The City Clerk shall also mail a notice to each property owner identified in the report. Said notice shall provide a description of the real property at which the work was performed, the nature of the work performed, and the expenses incurred by the City in performing the work and shall notify the owner that said costs shall be assessed against the owner of the property unless objection is made by the owner in writing and submitted to the City Clerk at least two days before the hearing.

b. The notice shall also specify the time and location where the proposed assessment will be presented to the City Council for hearing and confirmation. The notice shall be mailed at least 10 calendar days prior to the date of the hearing.

c. Any owner who objects to the proposed assessment and who desires to challenge the proposed assessment shall submit written objections to the City Clerk at least two business days before the hearing.

[Ord. #2188, § 2]

a. At the time and place fixed for hearing and confirming the proposed assessments, the City Council shall hear the same. The Street Superintendent shall attend the hearing with a record of all the abatement costs.

b. At the hearing, the City Council may correct, modify or eliminate any proposed assessment which it may deem excessive or otherwise incorrect. Thereafter, by resolution, the Council shall confirm each assessment and the amount, as proposed or as corrected and modified.

c. The Council may order that the costs of abatement be made a personal obligation of the property owner and either a nuisance abatement lien or a special assessment against the property.

[Ord. #2188, § 2]

If the Council orders that the abatement costs be deemed a nuisance abatement lien, same may be recorded and enforced against the property pursuant to the provisions of California Government Code Section 38773.1. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. As part of the foreclosure action, the City may recover reasonable attorneys' fees and costs including, but not limited to costs incurred for processing and recording the lien and providing notice to the property owner.

[Ord. #2188, § 2]

a. As an alternative to a nuisance abatement lien, in accordance with California Government Code Section 39577, the costs of abatement may be made a special assessment against the property. Once the special assessment is recorded in the Office of the County Recorder, it shall constitute a lien on the property for the amount of the special assessment and a lien will attach against the property until the assessment, and all interest and penalties due and payable have been paid.

b. The special assessment and lien shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City.

[Ord. #2188, § 2]

Notice shall be given to the property owner at the time of imposing the assessment and shall specify that the property may be sold after three years by the Tax Collector for unpaid delinquent taxes. The Tax Collector's power of sale shall not be affected by the failure of the property owner to receive notice.

[Ord. #2188, § 2]

In accordance with California Government Code Sections 39578, 39579 and 39581, after confirmation of the report, the City Clerk shall submit a certified copy of the report to the County Auditor Controller. The County Auditor Controller shall enter each assessment on the County Tax Roll opposite the parcel of land. The amount of the assessment shall be collected at the same time and in the same manner as general municipal taxes. The assessment shall be subject to the same interest and penalties and same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection, and enforcement of City taxes are hereby made applicable to such special assessments.

[Ord. #2188, § 2]

Final abatement costs shall be deemed a civil debt owing to the City and may be deemed a personal obligation of the legal owner by the City Council. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any delinquent or unpaid abatement costs. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by the Municipal Code or by law.

[Ord. #2188, § 2]

In addition to recovering the costs of abatement, the Municipal Law Enforcement Services Director or his designee may also assess an abatement penalty against the property owner for creating or maintaining a public nuisance in accordance with California Government Code Sections 53069.4(a) and 36901. The penalty shall be assessed pursuant to the administrative procedures set forth in Compton Municipal Code Section 1-7 (Administrative Citation).

[Ord. #2188, § 2]

In accordance with California Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period where an owner of property is responsible for a condition that may be abated, except any conditions abated pursuant to California Health and Safety Code 17980, the City may seek to recover treble the costs of abatement from the owner.

[Ord. #2188, § 2)G27]

a. If, in the opinion of the Chief Building Official, Fire Chief, Municipal Law Enforcement Services Director or Los Angeles County Health Department representative, there exists a condition on any property which is of such a nature as to be immediately dangerous to the public health, safety or welfare, which, if not abated, would, during the pendency of the abatement procedures set forth in this chapter, subject the public to imminent harm of a serious nature, the same may be abated by the City forthwith without compliance with the provisions of this section.

b. The cost of emergency abatement including all administrative costs of any action taken hereunder may be assessed against the subject premises as a lien or made a personal obligation of the owner as provided in this section.

c. The property owner or person with charge or control or occupancy may request a hearing as to the necessity and reasonable cost of the work performed by order of the Building Official within 10 days after the abatement has been completed or within 10 days after receiving a notice of such work.[1]

[1]

Editor's Note: Weed and Rubbish Abatement was previously codified in Section 7-20 and contained Ord. Nos. 1223, 1389, 1574, 1721, 1924, 2005 and 2006, and was repealed in entirety by Ordinance No. 2188.