Hillsborough Municipal Code Ch. 8.36 Abatement of Weeds and Rubbish

As used in this chapter:

"Fire chief" means the chief of the Central County Fire.

"Persons" means and includes individuals, firms, partnerships and corporations.

"Rubbish" means waste matter, litter, trash, refuse, debris and dirt which is, or, when dry, may become, a fire hazard, or which is or may become a menace to health, or which is offensive to the senses and/or detrimental to the attractiveness of the town.

"Streets" means and includes alleys, parkways, driveways, sidewalks and areas between sidewalks and curbs.

"Town" means the town of Hillsborough.

"Weeds" mean dry grass, stubble, brush, litter or other flammable material which endangers public safety by creating a fire hazard, including without limitation plants which when mature bear wingy or downy seeds, or which, because of having attained growth and being dry, have become a fire menace, or which are otherwise noxious and dangerous to health.

(Ord. 661 § 9 (part), 2005; Ord. 467 § 12 (part), 1989)

The town council declares that all weeds growing upon private property or streets in the town and all rubbish on private property or streets in the town are public nuisances.

(Ord. 467 § 12 (part), 1989)

It is unlawful for any person owning, occupying, renting, managing or controlling any real property in the town to cause or permit any weeds, or to place, cause or permit any rubbish, to be or remain on any real property in the town or on portions of streets adjoining such real property to the centerline of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Destruction by burning within the town is unlawful.

(Ord. 467 § 12 (part), 1989)

A. If any person owning, occupying, renting, managing or controlling real property in the town fails to remove therefrom and from the portions of streets adjoining such property all weeds and rubbish in accordance with the provisions of this chapter, it shall be the duty of the fire chief to notify such person to remove the same. Such notice shall be in writing and shall be deposited in the United States Post Office at Hillsborough, California, with first class postage prepaid and addressed to such owner, occupant, tenant, manager or controlling person at his or her last known place of address. Notwithstanding the foregoing and in any event, a copy of such notice shall be mailed to the owner of such real property at his or her last known place of address as shown on the assessment roll of the San Mateo County assessor. If such real property is occupied and the mailing address thereof is different from that of the owner on such assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof.

B. Any notice given pursuant to this section shall contain a description of such property, which description may be:

1. The number of the lot and block and the name of the map, tract or subdivision in which such real property lies; or

2. The street and number thereof; or

3. Any other description by which the property may be reasonably and readily identified.

One or more lots or blocks of land may be described in one and the same statement or notice.

(Ord. 467 § 12 (part), 1989)

Notice required by this chapter shall be given by mailing of notice in substantially the following form:

NOTICE TO DESTROY WEEDS AND ABATE—PUBLIC NUISANCE

NOTICE IS HEREBY GIVEN that Hillsborough Municipal Code Section 8.36.030 requires you as the [owner/occupant] of the real property identified as parcel #_____ on the records of the San Mateo County Assessor's office, to remove the seasonal and recurrent brush, grass, debris, weeds, dead or dying trees and other accumulations located on your property or on the street(s) abutting your property that pose a fire hazard to you and neighboring residents, and which are declared a public nuisance under the terms of Hillsborough Municipal Code Section 8.36.020.

If you do not remove such brush, grass, debris, weeds, dead or dying trees and other accumulations within fifteen (15) days of the date of this notice, the Town will send crews in to remove the same and abate the nuisance and the cost of removal will be assessed upon the land from or in front of which the weeds and other debris are removed, and such cost will constitute a lien on your property until paid.

You may appeal this order to the City Manager by filing a written statement of appeal with the City Clerk of the Town of Hillsborough within fifteen (15) days after the date of this notice.

MAILED ON:_______

A.P.N._______

_____

CHIEF OF THE CENTRAL COUNTY FIRE

(Ord. 661 § 9 (part), 2005; Ord. 467 § 12 (part), 1989)

Within fifteen days from the date of mailing of the notice required pursuant to Section 8.36.050, the owner of the property affected by such notice may appeal to the city manager from the requirements thereof. Such appeal shall be in writing and filed with the city clerk. The city manager shall hold a meeting, in conjunction with the fire chief, if necessary, with the appellant, and the city manager shall proceed to hear and pass upon such appeal; the decision of the city manager shall be final and conclusive.

(Ord. 467 § 12 (part), 1989)

If the recipient(s) of the notice given pursuant to the provisions of Section 8.36.040 fails to remove or destroy weeds and debris within the time specified in such notice, or in the case of appeal to the city manager, within fifteen days from the date of determination thereof, it shall be the duty of the fire chief to remove or cause the removal of such weeds and debris. The fire chief is authorized to enter upon private property for such purpose and it is unlawful for any person to interfere with, hinder or refuse to allow the fire chief or his agents to enter such private property in accordance with the provisions of this chapter.

(Ord. 467 § 12 (part), 1989)

The fire chief shall keep or cause to be kept an account of the costs incurred by the town to destroy or remove weeds or rubbish under the provisions of this chapter, showing a description of each parcel, the name of the owner and/or occupant thereof, the date of mailing of notice, and, in the event of an appeal, the date of the determination of the city manager, and the expenses proposed to be assessed. The cost of abatement may include reasonable incidental expenses, including, but not limited to, the expenses and costs of the town in the inspection of lots, preparation of notices, specifications and contracts, and in inspecting work, and the costs of printing and mailing required under this chapter.

(Ord. 467 § 12 (part), 1989)

The town clerk shall post a copy of such report and assessment list on the bulletin board near the entrance to town hall, together with the notice of the filing thereof and the time and place when and where it will be submitted to the city council for hearing and confirmation at least three days prior to such submission. The notice posted pursuant to this section shall be in substantially the following form:

NOTICE OF HEARING ON APPEAL OF ASSESSMENTS

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 8.36 of the Hillsborough Municipal Code, the Chief of the Central County Fire of the Town of Hillsborough has abated the nuisance created by the weeds or debris within the Town. The list of parcels and the proposed assessments for each parcel is set out below or attached hereto.

NOTICE IS FURTHER GIVEN that on ________, 199___, at the hour of _____ o'clock p.m., in the council chambers of the Town Hall, the report of the Fire Chief on the costs of the above-described abatement will be submitted to the Town Council for consideration, correction, and confirmation and that at said time and place any and all persons interested in or having any objection to said report or any item contained therein may appear and be heard. The failure to make any objection to said report and list shall be deemed a waiver of the same.

Upon confirmation of such assessments by the town council, the amount of each shall be due and payable. In the event such assessments are not paid, the amounts thereof shall become a lien on each parcel so assessed.

(Ord. 661 § 9 (part), 2005; Ord. 467 § 12 (part), 1989)

At the time and place fixed for receiving and considering the report, the town council shall hear the same together with any protests or objections which may be raised by any interested person. Upon such hearing, the council shall make such corrections or modifications in any proposed assessment which it may deem to be excessive or otherwise incorrect after which such assessments shall be confirmed by resolution of the council and the amount thereof shall constitute a lien on property assessed until paid. The confirmation of assessment by the council shall be final and conclusive. A copy of the report submitted by the fire chief, as modified by the town council, shall be given to the fire chief. The fire chief is empowered to act as the city assessor in having the charges of such weed abatement collected.

(Ord. 467 § 12 (part), 1989)

Following the confirmation of assessments described in Section 8.36.100, the town council shall direct the fire chief to submit to the office of the county controller a list of all uncollected charges for weed abatement undertaken pursuant to this chapter, and shall authorize the county controller of the county of San Mateo to enter such amounts on the county tax rolls for collection by the county.

(Ord. 467 § 12 (part), 1989)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable as set forth in Chapter 1.08.

(Ord. 654 § 10, 2004: Ord. 467 § 12 (part), 1989)