Fairfield Municipal Code Ch. 23 Weeds and Rubbish

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Rubbish -

means waste matter, litter, trash, refuse, debris and dirt which is, when dry, may become a fire hazard or which is or may become a menace to health, or which is offensive to the senses.

Streets -

include alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs.

Weeds -

mean weeds which when mature bear wingy or down seeds, or which because of having attained, or which may attain, such a large growth and being dry shall have become a fire menace, or which are otherwise noxious and dangerous to health.

Party concerned -

means the owner or owners of record, as shown on the last equalized assessment roll, and any other person known to the community development director or fire chief to be the occupant, person in control of, or owner of any interest in or to the building or structure or the land upon which it is located.

(Ord. No. 61-3, § 1; Ord. No. 2007-05, § 1)

The city council does hereby declare that all weeds growing upon private property or streets in the city and all rubbish on private property or streets in the city are public nuisances.

(Ord. No. 61-3, § 2)

If the person owning, occupying, renting, managing or controlling real property in the city fails to remove or destroy weeds and rubbish in accordance with the notice given pursuant to the provisions of section 23.4 and 23.4.1 within ten (10) days after the mailing or posting of such notice, and no objections are made, or the city council has disposed of the objections made, the city council may order, by motion or resolution, that the superintendent of streets and his assistants, employees, contracting agents, or other representatives, including, without limitation, members of the fire department of the city, destroy or remove such weeds, refuse, dirt or rubbish.

(Ord. No. 61-3, § 5; Ord. No. 78-14, § 5; Ord. No. 93-9, § 18; Ord. 2007-05, § 8)

(a) The director of finance shall keep an account of the cost of abating such nuisance upon each separate lot or parcel of land, and the abutting half of the street in front, and alley, if any, in the rear thereof, and embody such account in such a report and assessment list to the city council, which shall be filed with the clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land therefore, respectively.

(b) The cost of abatement may include incidental expenses, including, but not limited to the expenses and costs of the city in the inspection of lots, preparation of notices, specifications and contracts, and in inspecting work, and the costs of printing and mailing required hereunder. The cost of abatement shall be established by resolution of the city council.

(Ord. No. 61-3, § 6; Ord. No. 78-14, § 6; Ord. No. 93-14, § 1)

The city clerk shall post a copy of the report and assessment list referred to in section 23.6 on the bulletin board near the entrance door to city hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the city. Such notice, as so posted and published, shall be substantially in the following form:

(Ord. No. 61-3, § 7)

(a) At the time and placed fixed for receiving and considering the report referred to in the two preceding sections, the city council shall hear the same together with any protests or objections which may be raised by any interested persons. Upon such hearing, the council shall make such corrections or modifications in any proposed assessment, which it may deem to be excessive or otherwise incorrect, after which such assessment shall be confirmed by resolution of the council and the amount thereof shall constitute a lien on property assessed until paid. The confirmation of assessment by the council shall be final and conclusive.

(b) After the assessment is made and confirmed, the director of finance shall cause the order confirming the assessment to be recorded in the office of the county recorder.

(Ord. No. 61-3, § 8; Ord. No. 82-26, § 1)

On or before the first day of September of each year, the director of finance shall submit to the county tax collector the assessment list as confirmed by the city council. Thereafter, such amounts shall be collected at the same time and in the same manner as general city taxes are collected and shall be subject to the same interest and penalties as are provided for other delinquent taxes or assessments of the city.

(Ord. No. 61-3, § 9)

The methods of removing weeds, vines, shrubs, brush and/or debris from property as herein provided shall not be an exclusive method, but shall be an alternative method, and such weeds, vines, brush, shrubs and/or debris may be removed from such property pursuant to the provisions of any law of the state or of any ordinance of the city, applicable thereto.

The maintenance of trees on private property is generally a civil affair that must be resolved by the property owners, and will not be addressed by the city unless the fire chief or his or her designee determines that the situation constitutes a hazard.

(Ord. No. 2007-05, § 9)