Fullerton Municipal Code Ch. 13.18 Weed and Rubbish Abatement

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABATE. Includes the acts necessary to protect the property from further accumulation of rubbish and to protect the neighborhood from the existence of a nuisance which cannot easily be removed.

IN FRONT OF WHICH THE NUISANCE EXISTS. Includes to the rear of, or abutting, the property upon which the nuisance exists.

PARKWAY. The area between any sidewalk or curb.

REMOVE. Includes ABATE.

RUBBISH. Includes, but is not limited to, all of the following material and items existing in an unusable, discarded, or abandoned condition:

(1) Refuse, waste, offal, garbage, filth and trash;

(2) Asphalt, boards, bottles, boxes, cans, cartons, cement, concrete, crates, dirt, glass, gravel, hoses, lumber, metal, paint, paper, pasteboard boxes, plaster, plastic, rubber, sand, stucco, tile, wire, wood and other similar materials;

(3) Vehicle bodies, motors, tires, parts and accessories;

(4) Trimmings, clippings and cuttings from lawns, shrubs and trees, and all dead or uprooted grass, sod, shrubs, trees and vegetation;

(5) Rugs, bedding, furniture, utensils, clothing, toys, appliances and household supplies;

(6) All material dangerous or injurious to neighboring property; and

(7) All material dangerous or injurious to the health, safety or welfare of the occupants of the property upon which such material is located, or to any person in the vicinity of such property.

STREET. Includes public street, drive, avenue, place, alley, land, court and way.

WEED ABATEMENT OFFICIAL. The Fire Chief or his or her designated representatives.

WEEDS. Includes, but is not limited to, all of the following:

(1) Weeds which bear seeds of a downy or wingy nature;

(2) 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;

(3) Weeds which are otherwise noxious or dangerous;

(4) Poison oak and poison ivy, when the conditions of growth are such as to constitute a menace to the public health;

(5) Dry grass, stubble, brush, litter, or other flammable material which endanger the public safety by creating a fire hazard; and

(6) All rank growths of every kind and description.

(Ord. 1528, passed - -1968; Ord. 2313, passed - -1980)

All weeds and rubbish existing on or in front of any real property in the city, in such a condition as to be detrimental to the health, safety or welfare of the inhabitants of such property, or of any adjoining property, are hereby declared to be a public nuisance.

(Ord. 1528, passed - -1968)

No person shall fail to remove all weeds and rubbish from any property under his or her control in the city and from any street, sidewalk or parkway abutting such property, whenever such weeds and rubbish are declared to be a public nuisance as provided in this chapter.

(Ord. 1528, passed - -1968)

(A) Whenever the Weed Abatement Official determines that the presence of weeds or rubbish on any real property in the city constitutes a public nuisance as defined in this chapter, he or she shall cause notices to be posted conspicuously upon, or in front of, such property as follows:

(1) One notice upon each separately owned parcel of real property having not over 50 feet frontage; and

(2) Notices, not more than 50 feet apart, upon any such parcel which has a street frontage greater than 50 feet.

(B) In addition to so posting such notice, a copy thereof shall be mailed by the City Clerk or Weed Abatement Official by regular mail, postage prepaid, to each person to whom the property described in such notice is assessed in the last equalized assessment roll.

(Ord. 1528, passed - -1968)

Notices to be posted and mailed shall have the title “Notice to Remove Weeds and Rubbish” in letters not less than one inch in height and shall be substantially in the following form.

(Ord. 1528, passed - -1968)

The City Council, by resolution, may from time-to-time establish fees and set the amounts of such fees.

(Ord. 2807, passed - -1992; Ord. 2988, passed - - 2001)

Any objections filed pursuant to the notice required by § 13.18.050 shall be set for a hearing before the City Council at its next regular meeting following ten days after the date such objections are filed, and the City Council shall then, or at any meeting to which such matter is continued, hear and consider all evidence offered as to whether or not a nuisance, in fact, exists. If the City Council determines that no nuisance exists, the City shall take no further action with respect to the subject property. If the City Council determines that a nuisance exists, the Council shall order the nuisance removed by the owner within a reasonable period of time then specified, and that the city will thereafter remove such nuisance without further notice. However, a copy of such order shall be mailed within ten days after the date of such order to the person who filed such objections. The date specified in such order by which such nuisance must be removed shall be at least 30 days after the date of such order.

(Ord. 1528, passed - -1968)

The City Clerk shall give or mail written notice of the time and place when the hearing will be held, pursuant to § 13.18.060 , to the person who filed such objections at least ten days in advance of the hearing. Such notice may be given by personal service or by regular mail, postage prepaid.

(Ord. 1528, passed - -1968)

Any nuisance described in a notice posted and mailed, as provided by § 13.18.050 , that has not been removed within 30 days after the posting and mailing of such notice, shall be forthwith removed at the direction of the Weed Abatement Official unless objections have been filed as specified in such notice. Any nuisance described in any order of the City Council for removal thereof that has not been removed on or before the date specified for such removal in such order shall be forthwith removed at the direction of the Weed Abatement Official.

(Ord. 1528, passed - -1968)

The Weed Abatement Official or city’s contractor may use all lawful means to enter upon any property in the city for the purpose of inspecting the same for the existence, and for the removal, of any nuisance in accordance with the provisions of this chapter. If permission to enter upon any such property for any such purposes is refused, the Weed Abatement Official shall apply to a judge for a warrant authorizing the entering upon such property to perform any such inspection, or work necessary to abate any such nuisance thereon.

(Ord. 1528, passed - -1968)

(A) The Weed Abatement Official shall keep a record of all costs incurred in connection with the removal from each parcel of land of any nuisance as herein provided. He or she shall periodically submit the same to the City Council for confirmation.

(B) A notice of assessment, with a copy of the schedule showing the costs of the removal of such nuisance for each property, as well as administrative costs in the amount of 33% of the total cost of abatement, shall be mailed by regular mail, postage prepaid, to each person to whom the property described in the notice of assessment is assessed in the last equalized assessment roll available on the date such notice of assessment is mailed, at the address of such person shown on such assessment roll. Such notice shall state that objections to such assessment may be filed with the City Clerk within 15 days from such mailing and that, if no such objections are filed, the property will be assessed without any hearing or further notice, for the amount shown in the schedule of costs.

(Ord. 1528, passed - -1968; Ord. 2988, passed - - 2001)

If, within 15 days from the mailing of the notice of assessment, any objections are filed to the schedule of costs of abating any such nuisances, the Council shall hear such objections and fix the amount of assessment for the abatement of such nuisance. If no such objections are so filed, the property shall be assessed, without any hearing or further notice, for the amount shown in the schedule of costs. Notice of the hearing of such objections by the Council shall be given at least ten days before such hearing by a written notice served personally upon or sent by regular mail, postage prepaid, to the objector.

(Ord. 1528, passed - -1968)

The cost of the city in removing from any parcel of real property any weeds and/or rubbish constituting a nuisance under this chapter, when determined and removed as provided in this chapter, is hereby made a special assessment against, and a lien on, such parcel and shall remain a lien thereon until paid, by the filing of a resolution of the City Council certifying the amount thereof and that it has been established pursuant to this chapter.

(Ord. 1528, passed - -1968)

A certified copy of the City Council’s resolution establishing, confirming or certifying the cost of the abatement of any nuisance under this chapter shall be filed with the County Auditor. The amount of such assessment shall be collected at the same time and in the same manner as ordinary municipal taxes. If delinquent, the amount of such assessment shall be subject to the same penalties and the same procedure for foreclosure and sale, as are provided for ordinary municipal taxes.

(Ord. 1528, passed - -1968)