Hawthorne Municipal Code Ch. 8.14 Weed and Waste Abatement Procedures

For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as hereinafter set forth unless it is apparent from the context that a different meaning is intended:

"Sidewalk"

for the purposes of this chapter is the strip of property lying in front of and between the curbline and property line of the adjoining or abutting lot, piece or parcel of land within the city and bounded on the side or sides by the prolongation in a straight line of the sideline or lines of the lot, piece or parcel of land, in front of which such strip exists.

"Tax collector"

for the purposes of this chapter, shall be the person collecting real estate taxes levied upon real estate for the city.

(Prior code § 9-1700; Ord. 1099 § 1, 1975)

It shall be the duty of the owner, the agent of the owner, the lessee, the tenant, the occupant or the person in possession of any lot, parcel, tract or piece of land, improved or unimproved, in the city, to at once remove from the sidewalk abutting or adjoining such lot, parcel, tract or piece of land the following:

A. All earth, soil, grass, weeds, dead trees, and other unsanitary substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of the property, lands or lots, or obstruct such sidewalks and thereby endanger or injure persons traveling thereon.

B. Any rubbish, refuse, litter, waste paper or waste material of all kinds.

(Prior code § 9-1701; Ord. 1099 § 1, 1975; Ord. 1899 § 1, 2007)

It shall be the duty of the owner, the agent of the owner, the lessee, the tenant, the occupant, or the person in possession of any lot, parcel, tract, or piece of land, improved or unimproved in the city, to keep the lot, parcel, tract or piece of land, free from all earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste material of all kinds, and other unsanitary substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of such property.

(Prior code § 9-1702; Ord. 1099 § 1, 1975)

Whenever the chief of fire services or his agent shall find any earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste material of any kind, or other unsanitary substance or object, in or upon the sidewalk abutting or adjoining any lot, parcel, tract or piece of land within the city, or in or upon any lot, parcel, tract, piece of land or grounds within the city, which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity, or obstruct such sidewalks and thereby endanger or injure persons traveling thereon, the chief of fire services or his agent shall give notice to remove such earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse or waste material, or other unsanitary substances or objects, in the manner hereinafter provided.

(Prior code § 9-1703; Ord. 1099 § 1, 1975)

Such notice shall be in writing, signed by the director of public works or his agent and substantially in the following form:

(Ord. 1632 § 2, 1997)

Such notice shall be given by delivering the same personally to the owner, agent of the owner, lessee, tenant, occupant, or person in possession of the premises described in the notice, or by depositing the notice in the United States mail at Hawthorne, California, first class postage prepaid, addressed to the owner, agent of the owner, lessee, tenant, occupant, or person in possession of the lot, piece or parcel of land therein described, at his last known address, and if no address is known or made known to the chief of fire services or his agent, then to the general delivery at Hawthorne, California, or by posting said notice on the property concerned.

(Prior code § 9-1705; Ord. 1099 § 1, 1975)

Within five days from the date of posting, serving or mailing the notice, the owner, or any person interested in the property, land or lots affected by the notice, may appeal to the city council on the requirements thereof. Such appeal shall be in writing, shall state the objections of the person filing the same, shall be filed with the city clerk and by him presented to the city council at its next regular meeting. The council shall proceed to hear and pass upon the appeal at its earliest convenience, and its decision thereon shall be final and conclusive.

(Ord. 1632 § 4, 1997)

If the owner, agent of the owner, lessee, tenant, occupant or person in possession of the premises described in the notice to clean premises, shall fail to remove any such earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse or waste material of any kind, or other unsanitary substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of such property, from the property described in such notice, within the time therein limited in accordance with the provisions of this chapter, it shall be the duty of the chief of public services or public works to remove, or cause to be removed by duly authorized contract, any and all such earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste materials of all kinds, and other unsanitary substances or objects therefrom.

(Prior code § 9-1707; Ord. 1099 § 1, 1975)

The chief of public services or public works prepares a verified statement of the expenses incurred for removal pursuant to Section 8.14.080, and shall file the same with the city clerk within one year after removal, or where the work is contracted to a firm, the statement shall be filed within ten days after the completion of the annual removal from properties within the city. The statement shall show, as to each piece of property therein referred to, the number of the lot and block, and also the name of the tract or subdivision in which the lot lies, or shall describe the lot or parcel of land in any other way by which it may be easily identified, and the cost of cleaning the same, provided, however, that one or more lots may be set forth in one and the same statement.

(Prior code § 9-1708; Ord. 1099 § 1, 1975)

Within five days after the filing of the statement of expenses referred to in Section 8.14.090 by the chief of public services or public works, the city clerk shall cause to be conspicuously posted in at least three public places within the city a notice substantially in the following form:

(Prior code § 9-1709; Ord. 1099 § 1, 1975)

The city clerk shall prepare a notice of amount of verified expenses in substantially the following form:

(Prior code § 9-1710; Ord. 1099 § 1, 1975)

The city clerk shall, within five days after the filing of the statement of expenses referred to in Section 8.14.090 by the chief of public services or public works in the office of the city clerk, give notice of the amount of verified expense, incurred in the form provided by Section 8.14.100 by delivering the same personally to the owner, agent of the owner, lessee, occupant, tenant, or person in possession of the premises described in the statement of expenses, or by depositing the notice in the United States mail at Hawthorne, California, first class postage prepaid, addressed to the owner, agent of the owner, lessee, occupant, tenant, or person in possession of the premises described in the statement of expenses, at his last known address, and if no address is known or made known to the chief of fire services or his agent, then to the general delivery at Hawthorne, California; provided, however, that no notice, nor any publication of any notice, order, resolution or other matter provided for in this section, shall be necessary to give validity to any of the proceedings provided for in this chapter.

(Prior code § 9-1711; Ord. 1099 § 1, 1975)

At said hearings, as set forth in Section 8.14.100, the city council, sitting as a board of equalization at the hearing, may modify or correct any weed or cleaning charge or tax, which in its opinion is excessive or is otherwise incorrect. If no corrections or modifications are made, the weed and cleaning charges or taxes shall be deemed confirmed and the city council's decision thereon shall be conclusive and final, and the same shall thereupon become a lien against the property involved and against the premises or property abutting or adjoining the sidewalk in the event the property cleaned be the sidewalk, until paid. If any corrected or modified amount shall be deemed confirmed, the city's decision thereupon shall be conclusive and final, and the same shall thereupon become a lien against the property involved, and against the premises or property abutting or adjoining the sidewalk in the event the property cleaned be the sidewalk, until paid.

(Prior code § 9-1712; Ord. 1099 § 1, 1975)

The owner, or other person interested in the premises on which any work has been performed under the provisions of this chapter, shall pay the costs thereof to the city clerk within sixty days after the filing of the statement by the chief of public works with the city clerk. The city clerk shall cause all moneys collected hereunder to be paid into the city treasury without delay.

(Prior code § 9-1713; Ord. 1099 § 1, 1975)

A statement of all amounts remaining unpaid at the end of the period of sixty days, verified by the city clerk and giving the description of the respective pieces of parcels of land upon which such charges exist, shall immediately thereupon be prepared by the city clerk, and shall be by him immediately forwarded to and filed with the Los Angeles County tax collector, who shall thereupon cause an entry to be made on the tax roll opposite the description of the property therein described as follows: "Weed and Cleaning Tax _____ $ _____ ," filling in the amount of the expense shown in the statement of the city clerk in each particular case, plus a penalty of eight percent to cover the incidental expense of collection. The county tax collector shall thereafter cause a corresponding entry to be made on the tax bill for the property; and thereafter before any payment shall be received for any tax for the redemption of the property, the amount of weed and cleaning tax shall first be paid.

(Prior code § 9-1714; Ord. 1099 § 1, 1975)

In all respects other than as recited in this chapter, the weed or cleaning taxes shall be collected and the collection thereof endorsed in the same manner, under the same conditions, and pursuant to the same notices, as other taxes upon real property in the city.

(Prior code § 9-1715; Ord. 1099 § 1, 1975)

Any weed or cleaning taxes, penalties or costs thereon paid more than once, erroneously, or illegally collected by reason of a clerical error, may, by order of the city council, be refunded by the city treasurer; provided, however, that no order of the city council to refund weed or cleaning taxes, penalties or costs, shall be made except upon a verified claim therefor, filed within one year after making of the payment sought to be refunded.

(Prior code § 9-1716; Ord. 1099 § 1, 1975)

No assessment or act relating to the assessment or collection of weed or cleaning taxes is illegal on account of informality nor because the same was not completed within the time required by law; nor shall any such taxes ever be held illegal on account thereof.

(Prior code § 9-1717; Ord. 1099 § 1, 1975)

No person may refuse to allow the chief of fire services or his agent to enter upon any premises at any time during the hours of daylight for the purpose of removing any earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse or waste material of any kind or other unsanitary substances or objects which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property; nor may any person interfere with the chief of fire services or his agent in the work of removing any such earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse and waste material of any kind, or other unsanitary substances or objects.

(Prior code § 9-1718; Ord. 1099 § 1, 1975)