Delano Municipal Code Ch. 7.12 Weed and Rubbish Abatement

Footnotes:

--- (2) ---

State Law reference— For statutory provisions authorizing local authorities to compel owners or controllers of property to remove weeds, etc., see Gov. Code §39501 et seq.; chemical control of weeds by cities, see Gov. Code §39562.2.

Prior ordinance history: Ords. 548 and 610.

This chapter shall be known as "Weed and Rubbish Abatement."

(Ord. 1106 §1(part), 2004).

"Waste matter," for the purpose of this chapter, means unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists (without limitation or exclusion by enumeration) of such matter and material as:

A. Rubble, asphalt, concrete, plaster and tile;

B. Rubbish, crates, cartons, metal and glass containers.

(Ord. 1106 §1(part), 2004).

A. All weeds, dry grasses, dead shrubs, dead trees, rubbish, or any material growing or discarded upon the streets, parking areas, sidewalks, or upon private property within the city which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops or other property, and weeds or grasses which, when dry, will in reasonable probability constitute such a fire hazard or a public nuisance.

B. Cultivated and useful grasses and pastures are not a public nuisance; however, if the city manager or his or her authorized representative determines it necessary to protect adjacent improved property from fire exposure, an adequate fire break may be required.

(Ord. 1106 §1(part), 2004).

(Ord. No. 2017-1292, § 3, 9-5-2017)

Waste matter as defined in Section 7.12.020, which by reason of its location and character would materially hamper or interfere with the prevention or suspension or suppression of fire upon the premises, or the abatement of a nuisance as defined by Section 7.12.030, is a public nuisance.

(Ord. 1106 §1(part), 2004).

If it is determined by the city manager or his or her authorized representative, that a public nuisance, as designated in Sections 7.12.030 and 7.12.040, exists on any lot or premises in the city or upon any sidewalk, parking area, alley or street adjacent to such lot or premises, the city manager or his or her authorized representative shall cause a notice to be issued to abate such nuisance. Such notice shall be headed: "NOTICE TO CLEAN PREMISES" in legible characters, direct the abatement of the nuisance, and refer to this chapter for particulars.

(Ord. 1106 §1(part), 2004).

(Ord. No. 2017-1292, § 3, 9-5-2017)

The notice required by Section 7.12.050 may be served in any of the following manners:

A. By personal service on the owner, occupant or person in charge or control of the property;

B. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available property assessment roll, or as otherwise known. Service shall be deemed completed upon the deposit of said notice, postage prepaid, in the United States mail;

C. By posting at a conspicuous place on the land or abutting public right-of-way.

(Ord. 1106 §1(part), 2004).

Within ten days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At the regular meeting or adjourned regular meeting of the city council, not less than five calendar days nor more than twenty calendar days thereafter, it shall proceed to hear and determine such appeal. The decision of the city council thereupon shall be final and conclusive. The city clerk shall notify the appellant in writing no later than three days prior to the scheduled hearing of the time, date and place of the hearing by mailing such notice to him or her at the address stated in his or her written appeal.

(Ord. 1106 §1(part), 2004).

It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premises in the city, within ten days from the date of notification as provided in this chapter, or in case of an appeal to the city council, within ten days from the determination thereof, unless the same is sustained, to remove the nuisance as stated in the notice to clean premises.

(Ord. 1106 §1(part), 2004).

If the owner fails or neglects to remove the nuisance as defined in this chapter, within the time specified in this chapter, the city manager or his or her authorized representative shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the abatement proceedings and an accurate account of the charges for abating the nuisance on or in front of each separate property shall be filed with the city council.

(Ord. 1106 §1(part), 2004).

(Ord. No. 2017-1292, § 3, 9-5-2017)

The city clerk shall thereupon set the cost report and account for hearing by the city council at the first regular or adjourned regular meeting, which will be held at least seven calendar days after the date of filing, and shall post a copy of the report and account and notice of the time, date and place of hearing in a conspicuous place at or near the entrance of the council chambers in the city office.

(Ord. 1106 §1(part), 2004).

The city council shall consider the cost report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall approve the report and account as submitted, or as modified or corrected by the city council. The amounts so approved shall be liens upon the respective lots or premises, upon which abatement was performed, and the city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the most recent available property assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs and waste matter constitute a public nuisance.

(Ord. 1106 §1(part), 2004).

The city clerk shall prepare and file with the county auditor a certified copy of the resolution of the city council, as provided in Section 7.12.110.

(Ord. 1106 §1(part), 2004).

The finance department of the city or their authorized representative may accept payment of any amount due at any time prior to the city council's final determination on the cost report and account, as called for in Section 7.12.110.

(Ord. 1106 §1(part), 2004).

The provisions of Government Code Sections 39580 to 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 procedure of foreclosure and sale as is provided for ordinary municipal taxes.

(Ord. 1106 §1(part), 2004).

The owner, occupant or agent 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 violates any of the provisions of this chapter, is guilty of a misdemeanor.

(Ord. 1106 §1(part), 2004).