Corcoran Municipal Code Ch. 3 Weed Abatement

Any weeds, rubbish, trash, grass, vegetation which in the opinion of the Building Official, may endanger or injure property; or which are in such a state, or in such quantity as to constitute a fire hazard to persons, or property, or the health or welfare of the residents in the vicinity of such material, are hereby declared to be a public nuisance. (Ord. 370 N.S., 10-6-1980; 1996 Code)

All persons owning or occupying real property within the City are required to keep and maintain the same free and clear of all weeds, rubbish, dry grass, vegetation and maintain said real property in such a condition that it does not constitute a public nuisance or fire hazard. The term real property as used herein shall also include those areas defined as sidewalks, parking strips between sidewalks and curb lines and alleyways from fence line to center of right of way. (Ord. 370 N.S., 10-6-1980)

It shall be unlawful for any person occupying or owning property fronting on any public alleyway in the City to fail, refuse or neglect to keep the portion of such alley between the center line thereof and the property line of such property free from the accumulation of garbage, rubbish or combustible material. (Ord. 370 N.S., 10-6-1980)

A. Notice To Abate: If any person shall allow any weeds, dry grass or other vegetation to grow on; trash, rubbish or other materials to accumulate on any real property owned or occupied by him/her in the City, the Building Official shall give or cause to be given to the person owning said real property, and the occupant thereof, if any, a fifteen (15) day notice to remove the same and clear up the real property by posting a notice on said property reading approximately as follows:

NOTICE

You are hereby notified that unless you clean up your property within fifteen (15) days from and after the date of this notice, by removing all weeds, rubbish, dry grass, hazardous materials and all other vegetation therefrom, the same will be cleaned up by the City of Corcoran and the cost thereof will be lien against your property and added to the next installment of your City taxes. The property required to be cleaned up is described as follows: Lot , Block , also known as Assessor's Parcel Number , of the City of Corcoran.

Date:

Building Official

B. Owner Defined: For the purpose of this Chapter, the owner is the person to whom said real property is assessed in the County of Kings Assessor's office.

C. Failure To Comply: A copy of said notice shall likewise be mailed together with a copy of this Chapter, to the person to whom said real property is assessed in the County of Kings Assessor's office; provided, however, that the failure to mail such notice shall not affect the validity of any lien provided for under the provisions of this Chapter. If at the end of said period mentioned in said notice, said owner has failed to comply with the notice and if he/she has failed to file an appeal with the City Clerk, as hereinafter provided, the Building Official shall contract to have said weeds, rubbish, dry grass, vegetation, or other material removed. A failure to file a written protest within the time stated in the notice with the City Clerk shall be deemed a waiver of all objections to the proposed removal or destruction. (Ord. 370 N.S., 10-6-1980; 1996 Code)

D. Alternative To Posting: As an alternative to posting, notice in the form required in subsection A of this Section may be mailed to the property owners as their names and addresses appear from the last equalized assessment role, or as they are known to the Clerk. (Ord. 425 N.S., 6-2-1986)

Within ten (10) days from the date of posting such notice, the owner or any person interested in said real property affected by such notice may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At the next regular meeting of the City Council, it shall proceed to hear and pass upon such appeal and its decisions thereon shall be final and conclusive. (Ord. 370 N.S., 10-6-1980)

Unless within fifteen (15) days from the date of posting the notice provided for in Section 4-3-4 hereof, or in case of appeal to the City Council within ten (10) days from the date of determination thereof (unless the same is sustained) the weeds, rubbish, trash or other materials as the case may be, are removed from said real property as directed by said notice, the Building Official shall remove or contract to have the same removed. If, upon appeal, the requirements of the original notice are modified, the Building Official in removing or causing to be removed such weeds, rubbish, trash or other material, shall be governed by the determination of the City Council so made. (Ord. 370 N.S., 10-6-1980; 1996 Code)

As soon as the amount of the charges for removing said weeds, rubbish, dry grass and vegetation, or other material are determined from the fee schedule on file with the City Clerk, the Building Official shall file or cause to be filed with the City Clerk, a statement of the amount of the charge for removing said weeds, rubbish, dry grass, vegetation or other material, together with an affidavit of posting of the fifteen (15) days' notice provided for in subsection 4-3-4A. (Ord. 370 N.S., 10-6-1980; 1996 Code)

The charge for removing said weeds, rubbish, dry grass, vegetation or other material shall become immediately due and payable to the City and may be paid to the City Clerk. (Ord. 370 N.S., 10-6-1980)

The City Clerk shall add or cause to be added, the charge for removing the weeds, rubbish, dry grass and vegetation or other material to the next following tax statement of the assessed owner of the real property cleaned up as aforesaid and thereupon said charge shall become a lien on said real property and a personal obligation against the property owner, all provided in section 38773 of the Government Code of the State. (Ord. 370 N.S., 10-6-1980)

The charge for removing said weeds, rubbish, dry grass and vegetation, or other materials shall also be a special assessment against the real property or parcel of land from which the aforesaid materials are removed. The assessment may be collected at the same time and in the same manner as ordinary Municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary Municipal taxes. All laws applicable to the levy, collection and enforcement of Municipal taxes shall be applicable to such special assessment all as provided in section 38773.5 of the Government Code of the State. (Ord. 370 N.S., 10-6-1980)

All monies thereafter paid to the City for taxes on said real property shall be credited by the County Tax Collector, first to the charge of cleaning up said real property and second, to the taxes assessed against real property. (Ord. 370 N.S., 10-6-1980; 1996 Code)

The City may also bring suit against the owner or any occupant of the real property cleaned up, as hereinabove provided, for the full amount of the cost of cleaning up of said real property, plus all costs incurred. (Ord. 370 N.S., 10-6-1980)

It is the intent of the City Council that the provisions and procedures set forth in this Chapter shall not expressly or by implication repeal or supersede any other provisions or procedures of the City Code or any other applicable law on the same or related subject matters. This Chapter shall supplement existing procedures and will provide an alternative, nonexclusive procedure for the abatement of a nuisance. Nothing in this Chapter shall preclude or prohibit the City from resorting to any appropriate legal remedy, whether civil or criminal, in the abatement of any nuisance including any nuisance designated in this Chapter; and when such legal remedy is utilized, the administrative hearing and appeal procedures provided in this Chapter to determine the existence of a nuisance shall not be applicable. (Ord. 370 N.S., 10-6-1980)

A. The owner of any building or premises who maintains any "public nuisance" thereon, as defined in this Chapter, or who violates any order of abatement issued by the City Council is guilty of an infraction.

B. Any occupant or lessee in possession of any such building or premises who fails to vacate said building or premises in accordance with an order of abatement provided in this Chapter is guilty of an infraction.

C. Any person who removes any notice or order posted as required in this Chapter is guilty of an infraction.

D. No person shall obstruct, impede or interfere with any representative of a City department or any person having any interest or estate in such building or premises, if engaged, pursuant to the provisions of this Chapter, in enforcing any such order of abatement. Any person doing so shall be guilty of an infraction. (Ord. 370 N.S., 10-6-1980)

Every violation determined to be an infraction is punishable as provided in Section 1-4-1 of this Code. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this Chapter is committed, continued or permitted. (Ord. 370 N.S., 10-6-1980; 1996 Code)