Gilroy Municipal Code Art. III Abatement of Weeds and Refuse

[1]

**State law references—**Authorization for cities to abate weeds, Gov. C., §§ 39560 to 39587.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. No. 880, § 2, 2-2-1970; Ord. No. 77-15, § 8, 4-18-1977)

§ 12.36. through § 12.44. (Repealed)

(Repealed by Ordinance No. 754)

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

“Refuse”

means such as is mentioned and defined in section 12.1, the accumulation of which in violation of the provisions of division 3 of article I of this chapter is therein declared to be unlawful, as well as “garden refuse” as the same is mentioned and defined in section 12.24, the accumulation or placing of which in violation of article II of this chapter is therein declared to be unlawful.

“Weeds”

means all weeds growing upon streets, alleys, sidewalks, or private property in the city, including any of the following:

a.

Weeds which bear or may bear seeds of a downy or wingy nature.

b.

Weeds and indigenous grasses which may 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.

(Ord. No. 754, § 1)

No owner, agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit weeds or refuse to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the center line of any public street or alley.

(Ord. No. 754, § 1)

Every property owner shall destroy or remove such weeds and remove or cause to be removed such refuse from his property and from the abutting half of any street or alley between the lot lines as extended.

(Ord. No. 754, § 1)

Whenever any weeds are growing upon any private property or properties or in any street or alley within the city or whenever refuse shall accumulate upon any part of such areas the city council shall pass a resolution declaring the same to be a public nuisance and order the chief of the fire department to give notice of the passage of such resolution by posting and publication in the same manner and for the time as set forth in section 12.53 and stating therein that, unless such nuisance be abated without delay by the destruction or removal of such weeds and refuse, the work of abating such nuisance shall be done by the city authorities and the expense thereof assessed upon the lots and lands from which or in the front and rear of which such weeds and refuse shall have been destroyed or removed. The city clerk shall thereupon fix the time and place for hearing any objections to the proposed destruction or removal of such weeds and refuse.

(Ord. No. 754, § 2; Ord. No. 92-10, § 1, 7-20-1992)

The notice shall be substantially in the following form:

(Ord. No. 754, § 3; Ord. No. 92-10, § 2, 7-20-1992)

At the time stated in the notice, the council shall hear and consider any and all objections to the proposed destruction or removal of such weeds or refuse and may continue the hearing from time to time. The council, by motion or resolution, shall allow or overrule any and all objections, if any after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction or removal of such weeds and refuse.

(Ord. No. 754, § 4)

The council shall by resolution order the chief of the fire department to abate such nuisance, or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method as may be determined by the city council and such refuse to be removed; and the chief of the fire department and his deputies, assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property for such purposes. Any property owner shall have the right to destroy or remove such weeds and remove such refuse himself or have the same destroyed or removed at his own expense; provided, that such weeds or refuse shall have been removed prior to the arrival of the chief of the fire department or his authorized representatives to remove them.

(Ord. No. 754, § 5)

The chief of the fire department shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the city council, which shall be filed with the city 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.

(Ord. No. 754, § 6)

The city clerk shall post copies of such report and assessment on the bulletin board in the council chambers at the City Hall in the city; on the bulletin board in the lobby of the city clerk’s office located at the City Hall in the city; and on the bulletin board near the entrance door of each fire station in the city, 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. The posting and first publication of such notice shall be made and completed at least ten (10) days before the time such report shall have been submitted to the city council. Such notice, as so posted and published, shall be substantially in the following form:

(Ord. No. 754, § 7; Ord. No. 79-25, § 1, 9-17-1979)

At the time and place fixed for receiving and considering such report, the city council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance; and the chief of the fire department shall attend such meeting with his record thereof; and upon such hearing, the council may make such modifications in the proposed assessment therefor as it may deem necessary, after which such report and assessment shall be confirmed by resolution.

The amount of the cost of abating such nuisance upon or in the front or rear of the various lots or parcels of land respectively referred to in such report shall constitute special assessments against such respective lots or parcels of land and after thus made and confirmed shall constitute a lien on such property for the amount of such assessment until paid.

(Ord. No. 754, § 8)

The director of finance shall cause the amount of the assessment to be entered on the city assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. 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 penalties and interest and the same procedure and sale in case of delinquency as provided for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment. The property owner has the option, if he so desires, of paying the assessment directly to the collector’s office before such entry on such assessment roll.

(Ord. No. 754, § 9)

The remedy provided for in this article to secure the removal or destruction of weeds and refuse is hereby declared to be additional or alternative to any other remedy provided in this Code or by law, and this article shall not constitute a repeal of any other provision in this Code except as expressly stated.

(Ord. No. 754, § 11)