Hawaiian Gardens Municipal Code Ch. 16.14 Weeds, Rubbish and Other Materials

It is unlawful for any owner, lessee or occupant of buildings, grounds or lots to keep or maintain, or allow to grow or to accumulate any grass, weeds or other obstructions on or adjacent to sidewalks, parking areas or streets and any dirt, rubbish, weeds and rank growths, or other materials dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity, in or upon any buildings or grounds within the City, where the City Council has made and entered its order of abatement as hereinafter provided and the same has not been thereafter abated by the owner, lessee or occupant as hereinafter provided.

(Ord. 401 § 2, 1993)

Pursuant to the provisions of Sections 39501 to 39588 of the Government Code of the State of California, the City Council does establish and declare the following procedure for the abatement, removal or destruction of the dirt, rubbish, weeds and rank growths and other materials dangerous or injurious to neighboring property or the health or welfare of residents.

(Ord. 401 § 2, 1993)

The resolution declaring the same a nuisance shall refer to the street by its commonly known name and shall describe the property upon which or in which the nuisance exists by giving its lot and block number according to the official assessment map. Any number of streets, sidewalks or parcels of private property may be included in one resolution. The resolution shall specify that the City Administrator shall be responsible for giving notice to abate, abating the nuisance and otherwise performing the provisions of this section, and if the resolution fails to specify such City Officer, the Public Works Coordinator shall perform the provisions herein contained.

(Ord. 401 § 2, 1993)

After passage of the resolution, the City 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/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 no more than 100 feet apart if the frontage of such a parcel is greater than 100 feet.

(Ord. 401 § 2, 1993)

The heading of the notice shall be Notice to Destroy Weeds and Remove Rubbish, Refuse and Dirt in letters not less than one inch in height. 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 _______, 20___, the City Council of the City of Hawaiian Gardens adopted a resolution declaring that grass, weeds, or other obstructions are growing upon or had accumulated upon or adjacent to the property on this street obstructing the use of sidewalks, parking areas, or streets, and that dirt, rubbish, weeds, and other material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity, to wit: _______, where upon or in the building or buildings, property, lands, or lots abutting upon this street, commonly known as _______, and more particularly described in Resolution No. _______, of said City Council, and that the same constitute a public nuisance which must be abated by the removal thereof. Otherwise they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or adjacent to which the same are removed and will constitute a lien upon such land until paid. Reference is hereby made to Resolution No. _______ of the City Council of the City of Hawaiian Gardens for further particulars. A copy of said Resolution is on file in the office of the City Clerk, City Hall, 21815 Pioneer Boulevard, Hawaiian Gardens, California.

All property owners having any objections to the proposed removal of said weeds, rubbish, refuse, dirt, rank growths, or other material dangerous or injurious to neighboring property as aforesaid, are hereby notified to attend a meeting of the City Council of the City of Hawaiian Gardens to be held on the _______ day of _______, 20___, at the hour of _______ o'clock ___M. In the City Council Chambers, City Hall, 21815 Pioneer Boulevard, Hawaiian Gardens, California, at which time their objections will be heard and considered.

(Ord. 401 § 2, 1993)

The notice shall be posted at least five days prior to the time for hearing objections by the City Council.

(Ord. 401 § 2, 1993)

At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the public nuisance. 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. The decision of the City Council shall be final and conclusive and need not depend upon any particular evidence or showing of proof.

(Ord. 401 § 2, 1993)

At the conclusion of the hearing, the City Council shall order the City Officer to abate the nuisance by entering upon private property to abate and remove the same as to those nuisances to which no objection had been made and those nuisances where the City Council had overruled the objection. The abatement order shall have a statute of limitation of six months. If the nuisance occurs again within six months, the City Officer shall have the nuisance abated immediately without any further notice or hearing.

(Ord. 401 § 2, 1993)

The City Officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of the abatement order forthwith upon those persons set forth in Section 16.14.010 if the same can be located, and if the same cannot be located by posting a copy of the abatement order on the front of the property where the nuisance will be abated. The abatement order shall specify that unless the person, as defined in Section 16.14.010, removes and abates the nuisance within 15 days from the date of mailing or date of posting, whichever shall apply, the City Officer will abate the same and will if necessary enter upon or into the private property of such person without further notice or liability thereof in order to abate the nuisance.

(Ord. 401 § 2, 1993)

The City Officer shall keep an account of the cost of abatement for each separate parcel of land where work is done by him/her. He/she shall submit to the City Council for confirmation an itemized written report shall be posted for at least three days prior to its submission to the City Council on or near the City Council chamber door with a notice of the time of submission. 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. 401 § 2, 1993)

The cost of abatement in front of or upon each parcel of land constitutes a special assessment against the parcel. After the assessment is made and confirmed, it is a lien on the parcel.

(Ord. 401 § 2, 1993)

After confirmation of the report, a certified copy of the same shall be filed with the County Auditor. 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. The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land. 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 procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County tax collector, in his/her discretion, may collect the assessment without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of County taxes shall apply to such special assessment taxes.

(Ord. 401 § 2, 1993)

The City Officer specified in such resolution may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report.

(Ord. 401 § 2, 1993)

The City Council may order refunded all or part of a tax paid pursuant to the provisions of this section, if it finds that all or part of the taxes have been erroneously levied. A tax or part of the tax shall not be refunded unless a claim is filed with the City Clerk on or before March 1st after the taxes became due and payable. The claim shall be verified by the person who paid the tax.

(Ord. 401 § 2, 1993)

Violation of this section is declared to be a public nuisance which may be abated as provided in Part 3 of Division 4 of the Civil Code of the State of California and in Chapter 2 of Part 2 of the Code of Civil Procedure of the State of California, which shall be in addition to any other remedy provided in this Code or Section 372 of the Penal Code of the State of California.

(Ord. 401 § 2, 1993)