Article I — WEED AND REFUSE ABATEMENT PROCEDURES

Editor's note— Ord. No. 1302, § 1, adopted, September 21, 1999, retitled Art. I from I in general to weed and refuse abatement procedures. §§ 28-2—28- 22 were added to establish a weed abatement program. See the Code Comparative Table.

The city council may declare by resolution as public nuisance, and abate:

(a)

All weeds growing upon the streets, sidewalks, or private property in the city.

(b)

All rubbish, refuse, and dirt upon parkways, sidewalks or private property in the city.

(Ord. No. 1302, § 2, 9-21-99)

"Weeds", as used in this article, includes any of the following:

(a)

Weeds which bear seeds of a downy or wingy nature.

(b)

Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property.

(c)

Weeds which are otherwise noxious or dangerous.

(d)

Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

(e)

Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

(Ord. No. 1302, § 3, 9-21-99)

The resolution shall:

(a)

Refer to the street by its commonly known name.

(b)

Describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official or city assessment map.

(Ord. No. 1302, § 4, 9-21-99)

At the time it adopts the resolution as provided for by this article, the city council 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 article, provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll.

The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the city authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid.

(Ord. No. 1302, § 5, 9-21-99)

Any number of streets, sidewalks, or parcels of private property may be included in one resolution.

(Ord. No. 1302, § 6, 9-21-99)

After passage of the resolution, the city manager or city-designated officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He or she shall post:

(a)

One notice to each separately owned parcel of property of not over 50 feet frontage.

(b)

Not more than two notices to any such parcel of 100 feet frontage or less.

(c)

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

(d)

The heading of the notices shall be "Notice to destroy weeds and remove rubbish, refuse, and dirt" in letters not less than one inch in height.

(e)

The notice 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 _______, _______ the Fontana City Council passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in _______, and more particularly described in the resolution, 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 before the Community Development Director to be held on _______ when their objections will be heard and given due consideration.

Dated this _______, day of ________, ___.

(f)

The notices shall be posted at least five days prior to the time for hearing objections by the community development director.

(Ord. No. 1302, § 7, 9-21-99; Ord. No. 1319, § 1, 4-18-00)

In addition to posting notice of the resolution and notice of the meeting before the community development director when objections will be heard, the city council may direct the city clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The city clerk may cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the city council.

The notices mailed by the city clerk shall be mailed at least five days prior to the time for hearing objections by the community development director. The notices mailed by the city clerk shall be substantially in the form provided by section 28-6(e) of this article, except, that notices shall be signed by the city clerk and the heading of the notices need not comply with section 28-6(d).

(Ord. No. 1302, § 8, 9-21-99; Ord. No. 1319, § 2, 4-18-00)

At the time stated in the notices, the police chief shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse and dirt. At the conclusion of the hearing, the police chief shall allow or overrule any objections. At that time the city acquires jurisdiction to proceed and perform the work or removal. The decision of the police chief shall be the final administrative decision of the city.

(Ord. No. 1302, § 9, 9-21-99; Ord. No. 1319, § 3, 4-18-00; Ord. No. 1757, § 16, 2-14-17)

Editor's note— Ord. No. 1757, § 17, adopted February 14, 2017, repealed § 28-9, which pertained to ruling on objections; jurisdiction to proceed; finality of decision and derived from Ord. No. 1302, § 10, 9-21-99; Ord. No. 1319, § 4, 4-18-00.

If objections have not been made in response to the notices posted pursuant to section 28-6, or after the police chief has overruled those made, he/she shall order the nuisance abated by having the weeds, rubbish, refuse, and dirt removed by city forces or by contractors as allowed by section 28-14.

(Ord. No. 1302, § 11, 9-21-99; Ord. No. 1319, § 5, 4-18-00; Ord. No. 1757, § 18, 2-14-17)

Upon consent provided by a property owner or other person having lawful authority to give same, the city manager or designees may enter upon private property to abate any nuisance. If such consent is not obtained, the city manager or designees may enter upon private property to abate any nuisance after acquiring an abatement warrant pursuant to procedures required by law.

(Ord. No. 1302, § 12, 9-21-99; Ord. No. 1319, § 6, 4-18-00)

Before the city manager or city-designated officer arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at his own expense.

Nevertheless, in any case in which an order to abate is issued, the city council by motion or resolution may further order that a special assessment and lien be imposed pursuant to section 28-15 of this article. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs.

(Ord. No. 1302, § 13, 9-21-99)

(a)

The city manager or city-designated officer shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He or she shall submit to the city council for confirmation an itemized written report showing such cost.

(b)

A copy of the report shall be posted for at least three days prior to its submission to the city council on or near the chamber door of the city council, with a notice of the time of submission. In addition, the city clerk shall provide written notice of the report in the same method as for notices of proposed abatement set forth in section 28-7 hereof if the city council previously directed the city clerk to mail notices of the proposed abatement pursuant to section 28-7.

(c)

At the time fixed for receiving and considering the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The city council shall then confirm the report by motion or resolution.

(Ord. No. 1302, § 14, 9-21-99)

Abatement of the nuisance may in the discretion of the city council be performed by contract awarded by the city council on the basis of competitive bids let to the lowest responsible bidder pursuant to Public Contract Code Sections 20164, 20166, 20167, 20170 and 20174. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by section 28-13 of this article.

(Ord. No. 1302, § 15, 9-21-99)

The cost of abatement in front of or upon each parcel of land and the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs, constitutes a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the county recorder of the county in which the property is situated, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes as imposed by section 28-16 of this article would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.

(Ord. No. 1302, § 16, 9-21-99)

(a)

A certified copy of the cost report shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year.

(b)

The county auditor shall enter each assessment on the county tax roll opposite the parcel of land.

(Ord. No. 1302, § 17, 9-21-99)

(a)

The amount of the assessment shall be collected by the county tax collector at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes.

The city council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessments of $50.00 or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the city council, not to exceed 6 percent per annum.

(b)

As an alternative method, the county tax collector in his/her discretion may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments.

(Ord. No. 1302, § 18, 9-21-99)

The city manager or city-designated officer may receive the amount due on the confirmed abatement cost report and issue receipts at any time after the confirmation of the cost report until August 1st following the confirmation of the report.

(Ord. No. 1302, § 19, 9-21-99)

The city council may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the city clerk on or before November 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax or by the person's guardian, conservator, executor, or administrator.

(Ord. No. 1302, § 20, 9-21-99)

The lien of an assessment made pursuant to this article shall have the priority of the taxes with which it is collected.

(Ord. No. 1302, § 21, 9-21-99)

The procedures described in this article are alternative to those set forth in article 18 of this Code related to the abatement of public nuisances.

(Ord. No. 1302, § 22, 9-21-99)

Secs. 28-22—28-25. - Reserved.