Chapter 8.32 — WEEDS

State Law reference— For statutory provisions on the abatement of weeds and rubbish by cities, see Gov. Code §39501 et seq.

Pursuant to the authority granted it by Sections 39501 and 39502 of the Government Code of the state, the city council does enact the ordinance codified in this chapter which shall be known and may be cited as the fire hazardous weeds and rubbish ordinance.

(Ord. 357 §1, 1977)

A.

It is the purpose of this chapter to protect the lands, fields, lots, buildings and homes within this city from the danger of fire which may spread from one property to another. It shall be construed liberally to that end.

B.

It is the further policy of the city council to minimize the burden placed upon property owners. Accordingly, those methods of abatement are to be favored which are least costly, which are directly related to protecting neighboring property, and which entail the least destruction of valuable economic or ornamental plants and valuable materials.

(Ord. 357 §2, 1977)

This chapter is not the exclusive regulation of fire hazardous weeds and rubbish. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereafter enacted by the state, or any other legal entity or agency having jurisdiction.

(Ord. 357 §3, 1977)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

A.

"Cost of administration" means the cost to the city of doing the acts required under this chapter, except the actual cost of abatement. The city council determines the cost of administration to be forty dollars per parcel for a nuisance abated by the department of public works or by the county fire warden without a hearing. When a hearing is held by the city council to review the determination of the department of public works or the county fire warden that a nuisance exists, the council shall determine the actual cost of

administration attributable to that parcel. For the purpose of determining the actual cost of administration, all contiguous land owned by the same person or persons shall be deemed to be a single parcel, even though the contiguous property may be designated with more than one assessor's parcel number.

B.

"Grass" means any herbaceous plant which is cultivated and which attains, when mature, if uncontrolled, such a height as to be a medium for the rapid spread of fire.

C.

"Rank growth" means a cover of vegetation of any type, cultivated or not, including trees, which has attained or will, if allowed to mature, attain such a height and density as to be a medium for the rapid spread of fire.

D.

"Rubbish" means material of whatever value placed or allowed to accumulate so as to be a medium for the rapid spread of fire.

E.

"Weed" means any plant, whether herbaceous or woody and of whatever height, except a tree, which grows wild.

(Ord. 357 §6, 1977)

Weeds, grass, rank growths and combustible rubbish growing or accumulating upon private property which do, or will when dry, create a fire hazard and which by virtue thereof constitute a danger to neighboring property or the health or welfare of residents of the vicinity are declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter.

(Ord. 357 §5, 1977)

It is the duty of every owner of private property within the city to prevent a nuisance described in Section 8.32.050 of this chapter from arising on, or existing upon, his property.

(Ord. 357 §7, 1977)

Whenever the department of public works or the county fire warden determines that a nuisance described in Section 8.32.050 of this chapter exists upon any private property within the city he shall notify the owner of the existence of the nuisance.

(Ord. 357 §8, 1977)

The notice required by Section 8.32.070 of this chapter shall:

A.

Identify the owner of the private property upon which the nuisance exists, as the name appears on the records of the county assessor;

B.

Describe the location of such private property by its commonly used street address giving the name or number of the street, road or highway and the number, if any, of the property.

C.

Identify such property by reference to the assessor's parcel number;

D.

Contain a statement that a fire hazardous condition exists and that it has been determined by the department of public works, or the county fire warden, to be a public nuisance described in Section 8.32.050 of this chapter;

E.

Contain a statement that the owner may within seven business days after mailing or personal delivery of the notice make a request in writing to the city clerk for a hearing to appeal the determination that the conditions existing create a public nuisance or to show that for some other reason those conditions should not be abated in accordance with the provisions of this chapter;

F.

Contain a statement that, unless the owner corrects the fire hazardous condition or requests a hearing before the city council to appeal the determination of the department of public works, the county fire warden will abate the nuisance, not less than fifteen business days after the date the notice was mailed or personally delivered. It shall also state that the cost of such abatement, together with a charge for the cost of administration of the abatement program attributable to the abatement, will be a special assessment added to the county assessment roll and will become a lien on the real property.

(Ord. 357 §9, 1977)

The notice required by Section 8.32.070 of this chapter shall be served by delivering it personally to the owner, or by mailing it by regular mail to the owner as his address appears on the last equalized assessment roll, except that, if the records of the county assessor show that the ownership has changed since the last equalized assessment roll was compiled, notice shall be mailed to the new owner.

(Ord. 357 §10, 1977)

If the address of the new owner is not in the county assessor's records and is not otherwise discovered, notice may be given by posting copies along the subject property not more than one thousand feet apart. In no event shall fewer than two signs be posted when giving notice pursuant to this section.

(Ord. 357 §11, 1977)

The owner of property upon which the department of public works or the county fire warden has determined that a nuisance described in Section 8.32.050 of this chapter exists may request a hearing before the city council on or before the seventh business day following the day of mailing of the notice or the date on which the notice was personally delivered by filing a written request therefor with the city clerk.

(Ord. 357 §12, 1977)

If a hearing has been requested in accordance with Section 8.32.110 of this chapter, the city clerk shall set a date and time for such a hearing and send a notice thereof by regular mail at least seven business days before such date to the owner at the address set forth on his request and shall notify the department of public works or the county fire warden of such hearing.

(Ord. 357 §13, 1977)

At the date and time set, a hearing shall be held by the city council. The hearing shall be open to the public. The owner may be represented by counsel. The city council shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable to the hearing, except that the council's decision may not be based wholly on hearsay evidence. All persons giving evidence shall be sworn before testifying. The owner may employ a shorthand reporter to report the hearing.

(Ord. 357 §14, 1977)

A.

At the conclusion of the hearing, the city council may determine:

That no public nuisance exists;

That a public nuisance exists which should be abated in accordance with Section 8.32.160 of this chapter. The city council shall thereupon order the nuisance abated no sooner than the fifth business day following

the mailing of notice of the council's decision;

That a public nuisance exists which may be removed by some procedure proposed by the owner other than destruction of the fire hazardous plants or materials. If the council determines that another procedure proposed by the owners may be employed to remove the public nuisance, it shall set a reasonable time within which the owner must complete that procedure. If the owner fails to complete the procedure proposed within the time limit set by the city council, the department of public works or county fire warden may, upon five business days' notice, sent by him to the owner by regular mail, commence abatement in accordance with Section 8.32.160 of this chapter.

B.

At any hearing in which it is determined that a public nuisance exists, whether abatement or implementation of an alternate procedure proposed by the owner is ordered, the council shall also determine the administrative costs incurred. The owner shall be entitled to be heard on the question of such administrative costs. The decision of the city council shall be final as to all matters determined.

(Ord. 357 §15, 1977)

Any owner may remove or cause to be removed a nuisance described in Section 8.32.050 of this chapter at any time prior to commencement of abatement by, or at the direction of, the department of public works or the county fire warden.

(Ord. 357 §16, 1977)

If the owner has not earlier removed the nuisance, and if no request for hearing provided by Section 8.32.110 of this chapter is received by the city clerk on or before the seventh business day following the mailing or personal delivery of the notice required by Section 8.32.070 of this chapter, the department of public works or the county fire warden shall cause the nuisance to be abated. The department of public works or the county fire warden shall not commence the abatement until at least fifteen business days after the notice was mailed or personally delivered to the owner. The department of public works employees or the county fire warden, his deputies, the employees of his department and independent contractors hired by him may enter upon private property on which a nuisance described in Section 8.32.050 of this chapter exists for the purpose of abating that nuisance.

(Ord. 357 §17, 1977)

The department of public works or the county fire warden shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the city council showing the cost of abatement and the cost of administration as declared in subsection A of Section 8.32.040 of

this chapter, or as determined by the city council pursuant to Section 8.32.140 of this chapter, for each parcel.

(Ord. 357 §18, 1977)

Upon receipt of the account of the department of public works or the county fire warden, the city clerk shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five business days after the date of mailing of the notice, the city council will meet to review the account and that the owner may appear at the time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the city clerk prior to the time set forth the hearing by the city council. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to the hearing shall be deemed a waiver of the right thereto and an admission that the accounting is accurate and reasonable.

(Ord. 357 §19, 1977)

A.

At the time fixed, the city council shall meet to review the account. An owner may appear at the time and be heard on the questions whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed if that matter has not previously been reviewed.

B.

The report and account shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.

C.

The hearing shall be conducted in the manner prescribed in Section 8.32.130 of this chapter.

(Ord. 357 §20, 1997)

The city council shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.

(Ord. 357 §21, 1977)

The city council may order that the cost of abating nuisances pursuant to this chapter and the administrative cost as confirmed by the council be placed upon the county tax roll by the county auditor as

special assessments against the respective parcels of land pursuant to Section 38773.5 of the Government Code of the state; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of the costs on the tax roll.

(Ord. 357 §22, 1977)

Except as otherwise provided, this chapter shall be administered and enforced by the administrator/public works director, or by the county fire warden, his deputies and employees, under agreement with the county.

(Ord. 357 §4, 1977)