Fairfield Municipal Code § 23.4 Notice to destroy or remove

If the person owning, occupying, renting, managing or controlling any real property in the city fails to remove therefrom and from the portions of streets adjoining such property all weeds and rubbish in accordance with the provisions of this chapter, it shall be the duty of the fire chief or his or her designee to notify such person to remove the same. Such notice shall be in writing and shall be substantially in the following form:

NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT
Notice is hereby given that on the _____________ day of _____________ 20_ , the City Council of the City of Fair-field passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on (address and assessor’s parcel), and that rubbish, refuse, and dirt were upon or in front of property on this street, in Fairfield, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk.
All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of the City of Fairfield to be held ____________, 20, when their objections will be heard and given due consideration.
Dated this _____________ day of ____________20.
Fire Department of the City of Fairfield

(Ord. No. 2007-05, § 5)

§ 23.4.1. Method of giving notice.¶

Notice shall be deposited in the United States Post Office at Fairfield, California, with postage thereon prepaid and addressed to such owner at his last known place of address shown on the assessment roll of the city, and if no such address is there shown or is known, then to general delivery, Fairfield. If such real property is occupied and the mailing address thereof is different from that of the owner on assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Such notice shall contain a description of the property, which description may be the county assessor’s parcel number, or may be the street and number thereof, or may be any other description by which the property may be reasonably identified. One or more lots or blocks of land may be described in one and the same statement of notice. Notice shall be mailed no less than five (5) days before the City Council hearing.

Alternately, the fire chief may cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists no less than five (5) days before the City Council hearing. He or she shall post:

(a) One notice to each separately owned parcel of property of not over 100 feet frontage.

(b) Notices at not more than 100 feet apart if the frontage of such a parcel is greater than 100 feet.

(Ord. No. 2007-05, § 6; Ord. 78-14, § 2; Ord. 2007-05, § 6)

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§ 23.4.2. Hearing; appeal from notice.¶

At the time stated in the notices, the city council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time.

By motion or resolution at the conclusion of the hearing, the city council shall allow or overrule any objections. At that time, the city council has jurisdiction to proceed with a resolution to perform the work of removal. The decision of the city council is final.

(Ord. 78-14, § 3; Ord. 93-9, § 18; Ord. 2007-05, § 7)

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§ 23.4.3. Seasonal and recurrent nuisances.¶

The notice may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.

Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter; provided that upon the second and subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearing need be held, and it shall be sufficient to mail a notice to the owner of the property as they and their addresses appear upon the current assessment roll.

(Ord. No. 78-14, § 4)

Exceptions & meaning →