Chapter 8.08 — Abatement of Weeds and Rubbish

• 8.08.020 Declaration of public nuisance.

• 8.08.030 Hearing of objections.

• 8.08.040 Abatement of nuisance.

• 8.08.050 Itemized report of abatement.

• 8.08.060 Cost of abatement constitutes a special assessment lien.

• 8.08.070 Refund of assessments erroneously levied.

• 8.08.080 Specified procedures are cumulative.

As used in this chapter:

A. "Abatement officer" means the Fire Chief or his or her designee of the City of Gridley (or, if the City has contracted with the State of California or other entity to provide fire services, the Chief Executive Officer of the agency which serves the City of Gridley by providing fire services), his or her assistants and deputies.

B. "Weeds" as used in this Chapter, include any 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 endangers the public safety by creating a fire hazard.

• C. "Street" includes public street, alley, lane, court or other place.

D. "In Front of Which the Nuisance Exists" includes to the rear of, or abutting the property upon which the nuisance exists.

• (Ord. 791-2010 (part), 2010; Ord. 583, 1991)

A. It shall be the duty of the abatement officer to annually survey the city no later than June 15th, or as soon thereafter as he or she can act and as needed throughout the year, for violations of this chapter.

B. The Fire Chief or his or her designee will mail written notice of the proposed abatement to all persons owning property described in the report and provide the report to the City Administrator. The Fire Chief or designee shall 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 of the report. The notice shall allow the property owner twelve (12) days from the date of the notice to either object in writing to the City Administrator or to abate the nuisance.

C. The Fire Chief or designee shall obtain from the County Assessor for the County of Butte, a list of the names and addresses of all the persons owning property described in the report. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice.

(Ord. 791-2010 (part), 2010)

Upon receipt of a written objection given pursuant to Section 8.08.020, the City Administrator of the City of Gridley shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse and dirt. At the conclusion of the hearing, the City Administrator shall allow or overrule any objections.

At that time, the city acquires jurisdiction to proceed and perform the work of removal. A decision of the City Administrator is final. If objections have not been made or after the City Administrator has disposed of those made, he or she shall order the abatement officer to abate the nuisance by having the weeds, rubbish, refuse and dirt removed. The order shall be made to the abatement officer in writing.

(Ord. 791-2010 (part), 2010; Ord. 583, 1991)

The abatement officer, in conformity with the order of abatement given in Section 8.08.030, may enter upon private property to abate the nuisance. Before the abatement officer arrives, any property owner may remove the weeds, rubbish, refuse and dirt at his or her own expense. Nevertheless, in any case in which any 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 Government Code § 39577. In that case, the assessment and lien shall be limited to the costs incurred by the City of Gridley in enforcing the abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs.

(Ord. 791-2010 (part), 2010; Ord. 583, 1991)

A. The abatement officer shall keep an account of the cost of the abatement in front of or on each separate parcel of land where the work is done by him or her. He or she shall submit to the City Council for confirmation an itemized written report showing such costs.

B. A copy of the report shall be mailed to affected property owners ten (10) days prior to hearing and posted for at least three (3) days prior to its submission to the City Council on or near the chamber door of the City Council Chambers, with a notice of the time of submission.

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. 791-2010 (part), 2010; Ord. 583, 1991)

A. The cost of abatement in front of or upon each parcel of land and the costs incurred by the city in enforcing abatement upon the parcels, upon 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 bonafide encumbrance or for value has been created and attaches thereon, prior to the date on which the first installment of such taxes as imposed by Government Code § 39578 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 cost of enforcing abatement, as confirmed, relating to such property, shall be transferred to the unsecured roll for collection.

B. Except as specified in subparagraph A of this section, after confirmation of the report, a copy shall be given to the tax collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. A certified copy of the report shall be filed with the county auditor before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.

C. The amount of the assessment shall be collected 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.

(Ord. 791-2010 (part), 2010; Ord. 583, 1991)

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

(Ord. 791-2010 (part), 2010; Ord. 583, 1991)

The procedures specified in this chapter are cumulative and supplemental insofar as the city reserves unto it all rights and remedies which it may have with respect to the abatement of weeds, rubbish and other public nuisances. In that regard, this chapter shall be deemed to be supplemental and not limit any other rights or remedies which the city might have under any other provision of law. The abatement of weeds, rubbish and other public nuisances may also be abated pursuant to Chapter 8.06. Fines may be assessed as defined in Chapter 1.09.

(Ord. 791-2010 (part), 2010; Ord. 583, 1991)