Del Mar Municipal Code Ch. 11.12 Removal of Dangerous Rubbish and Weeds

It is unlawful for any owner, lessee, or occupant of any real property within the City to place or maintain dirt, rubbish, materials, grass, weeds or vegetation on or about such property or on or about adjacent sidewalks, parking areas, alleys or streets in a manner that is either dangerous or injurious to neighboring property or the health or welfare of residents in the vicinity, or interferes with the use of public rights-of-way.

(Ord. No. 369; Ord. No. 846)

The City Manager or his authorized designee shall serve as the Regulating Authority for the provisions of this Chapter.

Whenever the Regulating Authority discovers a violation of this Chapter, the Regulating Authority shall cause to be given a "Notice to Clean Premises."

A. The notice shall be headed, in letters of not less than one inch in height, with the wording "NOTICE TO CLEAN PREMISES".

B. The "Notice to Clean Premises" shall contain:

1. The date the notice is mailed.

2. The address of the property involved.

3. A description of the violation.

4. An order to cure the violation.

5. A warning that if the violation is not cured within 15 days of the date of mailing of the notice, or such additional time as may be expressly authorized by the Regulating Authority, the City shall abate the violation as a public nuisance and charge the owner for the costs incurred.

6. A warning that the costs incurred may become a lien on the property and subject the property to foreclosure.

7. A notice that the owner, lessee, or occupant may contest the existence of the violation or deny the responsibility for its cure by filling a written response with the City Clerk within ten days of the date of the mailing of the notice.

8. A notice that the owner, lessee, or occupant may appear and present evidence when the City Council considers the response.

C. On the date of mailing indicated in the Notice to Clean Premises, the Regulating Authority shall cause such notice to be distributed as follows:

1. Mailed by certified mail to the property owner at the address shown on the latest tax assessment rolls available from the Office of the County assessor. Such address shall be conclusively deemed to be the proper address for the purpose of mailing such notice.

2. Mailed by regular mail to "Owner or Occupant" at the address of the subject property.

3. Posted in a conspicuous place on the real property involved.

D. The Regulating Authority shall file with the City Clerk a declaration indicating the accomplishment of the distribution of the Notice to Clean Premises.

(Ord. No. 846)

If a written response to the Notice to Clean Premises is received by the City Clerk within ten days of the mailing of the Notice to Clean Premises which sets forth the reasons for the response, the matter shall be set for consideration by the City Council at the next regular meeting. The City Clerk shall notify the person submitting the response of the date on which the City Council will consider the response.

A. If no response is filed to the Notice to Clean Premises, then on the 16th day following the mailing of the Notice to Clean Premises, the Regulating Authority shall be authorized to abate the nuisance on the property.

B. If a response is filed, then no sooner than five days after the rendering of a decision by the City Council, affirming the Notice to Clean Premises, the Regulating Authority shall be authorized to abate the nuisance on the property.

(Ord. No. 846)

A. Upon removal of the violation, the Regulating Authority shall prepare and submit to the City Council a report listing the proposed assessment to be levied against the property. The City Clerk shall set the proposed assessment for consideration by the City Council at the next regular meeting no sooner than ten days from the date of sending notice of the proposed assessment.

B. Notice of the proposed assessment shall be distributed in accordance with the procedures applicable to a Notice To Clean Premises and shall contain the date and time when the City Council shall consider the report of the Regulating Authority and such information as the owner, lessee, or occupant wishes to present regarding the amount of the proposed assessment.

At the time set for considering the report of the Regulating Authority, the City Council shall hear any objections from persons liable to be assessed. The City Council may affirm, modify or reject the proposed assessment. The affirmation of any assessment shall declare that the amount is a lien upon the subject property.

A. The assessment roll as confirmed by the City Council shall be delivered to the City Treasurer or Authorized Designee who may receive the amount due on the assessment and issue receipts at any time within ten days after the confirmation.

B. At the end of the ten-day period, any unpaid assessment shall be given to the Tax Collector of San Diego County.

C. The provisions of the Government Code §§ 39580 and 39585, inclusive, are incorporated in this Chapter by reference. The County Auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and, if delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale as is provided for ordinary municipal taxes.

(Ord. No. 846)

The owner, occupant or person in control of any lot or premises within the City who permits or allows the existence of a public nuisance, as defined in this Chapter, upon any lot or premises owned, occupied or controlled by him, or who violated any of the provisions of this Chapter, is guilty of a misdemeanor.

(Ord. No. 846)