Costa Mesa Municipal Code Art. 4 Public Nuisance Abatement—Weeds

All weeds and rubbish existing on or in front of any real property in the city, in such a condition as to be detrimental to the health, safety or welfare of the inhabitants of such property, or of any adjoining property, are hereby declared to be a public nuisance.

(Ord. No. 13-04, § 1, 10-1-13)

No person shall fail to remove all weeds and rubbish from any property under his or her control in the city and from any street, sidewalk or parkway abutting such property, whenever such weeds and rubbish are declared to be a public nuisance as provided in this chapter.

(Ord. No. 13-04, § 1, 10-1-13)

Whenever the weed abatement official determines that the presence of weeds or rubbish on any real property in the city constitutes a public nuisance as defined in this chapter, he shall cause notices to be posted conspicuously upon, or in front of, such property as follows:

(a) One notice upon each separately owned parcel of real property having not over fifty feet frontage;

(b) Notices, not more than 50 feet apart, upon any such parcel which has a street frontage greater than 50 feet. In addition to so posting such notice, a copy thereof shall be mailed by the city clerk or weed abatement official by regular mail, postage prepaid, to each person to whom the property described in such notice is assessed in the last equalized assessment roll.

(Ord. No. 13-04, § 1, 10-1-13)

Notices to be posted and mailed shall have the title "Notice to Remove Weeds and Rubbish" in letters not less than one inch in height and shall be substantially in the following form:

NOTICE TO REMOVE WEEDS AND RUBBISH Notice is hereby given:

(Ord. No. 13-04, § 1, 10-1-13)

The city council, by resolution, may from time to time establish fees and set the amounts of such fees.

(Ord. No. 13-04, § 1, 10-1-13)

(a) Any objections filed pursuant to the notice required by section 20-45 shall be set for a hearing before the city council no later than 10 days after the date such objections are filed, and the city council shall then hear and consider all evidence offered as to whether or not a nuisance, in fact, exists.

(b) If the city council determines that no nuisance exists, the city shall take no further action with respect to the subject property.

(c) If the city council determines that a nuisance exists, the city council shall order the nuisance removed by the owner within a reasonable period of time then specified, and that the city will thereafter remove such nuisance without further notice. A copy of the city council's order shall be mailed within 10 days after the date of such order to the person who filed the objections. The date specified in the city council's order by which the nuisance must be removed shall be at least 10 days after the date of the order.

(d) The city council's decision shall be final, and shall specify that any action to review the decision shall be commenced no later than the time period set forth in the California Code of Civil Procedure Sections 1094.5 and 1094.6.

(Ord. No. 13-04, § 1, 10-1-13)

The city clerk shall provide notice of the time and place when the hearing will be held, pursuant to section 20-45, to the person who filed such objections at least 10 days in advance of the hearing. Such notice may be given by personal service or by regular mail, postage prepaid.

(Ord. No. 13-04, § 1, 10-1-13)

(a) Any nuisance described in a notice posted and mailed, as provided by section 20-45, that has not been removed within 30 days after the posting and mailing of such notice, shall be forthwith removed at the direction of the weed abatement official unless objections have been filed as specified in such notice.

(b) Any nuisance described in any order of the city council for removal thereof, that has not been removed on or before the date specified for such removal in such order shall be forthwith removed at the direction of the weed abatement official.

(Ord. No. 13-04, § 1, 10-1-13)

(a) The weed abatement official or city's contractor may use all lawful means to enter upon any property in the city for the purpose of inspecting the same for the existence, and for the removal, of any nuisance in accordance with the provisions of this chapter.

(b) If permission to enter upon any such property for any such purposes is refused, the weed abatement official shall apply to a judge for a warrant authorizing the entering upon such property to perform any such inspection, or work necessary to abate any such nuisance thereon.

(Ord. No. 13-04, § 1, 10-1-13)

The weed abatement official shall keep a record of all costs incurred in connection with the removal from each parcel of land of any nuisance as herein provided. The weed abatement official shall periodically submit the cost accounting to the director for confirmation. A notice of assessment, with a copy of the schedule showing the costs of the removal of the nuisance for each property, as well as administrative costs in the amount of 33% of the total cost of abatement, shall be mailed by regular mail, postage prepaid, to each property owner whose property described in the notice of assessment is assessed, as shown in the last equalized assessment roll available on the date such notice of assessment is mailed, at the address shown on the assessment roll. The notice shall state that objections to the assessment may be filed with the city clerk within 15 days from the date of mailing, and that if no objections are filed, the property will be assessed without any hearing or further notice, for the amount shown in the schedule of costs.

(Ord. No. 13-04, § 1, 10-1-13)

(a) If, within 15 days from the mailing of the notice of assessment, any objections are filed to the schedule of costs of abating any such nuisances, the city council shall hear the objections and fix the amount of assessment for the abatement of the nuisance. Notice of the time and date of the hearing before the city council shall be given at least 10 days before the date of the hearing by a written notice served personally upon or sent by regular mail, postage prepaid, to the objector.

(b) The city council's decision shall be final, and shall specify that any action to review its decision shall be commenced no later than the time period set forth in the California Code of Civil Procedure Sections 1094.5 and 1094.6.

(Ord. No. 13-04, § 1, 10-1-13)

The cost to the city to remove from any parcel of real property any weeds and/or rubbish constituting a nuisance under this chapter, when determined and removed as provided in this chapter, is hereby made a special assessment against, and a lien on, such parcel and shall remain a lien thereon until paid, by the filing of a resolution of the city council certifying the amount thereof and that it has been established pursuant to this chapter.

(Ord. No. 13-04, § 1, 10-1-13)

A certified copy of the city council's resolution establishing, confirming or certifying the cost of the abatement of any nuisance under this chapter shall be filed with the county auditor. The amount of such assessment shall be collected at the same time and in the same manner as ordinary municipal taxes. If delinquent, the amount of such assessment shall be subject to the same penalties and the same procedure for foreclosure and sale, as are provided for ordinary municipal taxes.

(Ord. No. 13-04, § 1, 10-1-13)

Statutory References