Imperial County Municipal Code Ch. 2 Enforcement

Any person allowing weeds and/or other vegetation to accumulate on a premise as specified by Section 91801.00 et seq. herein shall be guilty of the commission of a misdemeanor, punishable as provided by this title.

(Prior code 91802.00)

Weeds and/or other vegetation may be declared to constitute a public nuisance and may be abated as provided for in this chapter upon concurrence of any two of the following county officials:

A. The fire marshal;

B. The planning director;

C. The director of public works;

D. The agricultural commissioner.

Whenever weeds and/or other vegetation exist upon any private or public property in the unincorporated area, the officials, by declaration, may declare the weeds and/or other vegetation a public nuisance.

(Prior code 91802.01)

The declaration shall refer, by the name under which it is commonly known, to the property upon which the nuisance exists, or the declaration shall describe the property upon which, or in front of which, the nuisance exists by describing the property by reference to the tract, block, lot, code area, and parcel number as used in the records of the county assessor or in accordance with the map used in describing property for taxation purposes.

(Prior code 91802.02)

The notice to abate weeds and/or vegetation shall be headed "Notice to Abate Weeds and/or Other Vegetation" and shall be substantially in the following form:

NOTICE TO ABATE WEEDS

NOTICE IS HEREBY GIVEN that on the _______ day of _____, 20___, a declaration of Public Nuisance has been issued declaring that the weeds and/or other vegetation existing upon or in front of the property at _______, or nearest to _______ Street (or Road), in said County, and more particularly described in said declaration and that the same constitute a public nuisance which may be abated by the removal of the same, otherwise the weeds and/or other vegetation will be removed and the nuisance will be abated by the County authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which, or in front of which, the weeds are removed, and such cost will constitute a lien upon such lots or lands until paid. Reference is hereby made to said declaration for further particulars.

All property owners having any objections to the proposed removal of such weeds and/or other vegetation are hereby notified they have the right to appeal said declaration by filing said appeal in the Imperial County Planning and Development Services Department within two weeks of the date of this notice. A hearing will be held by the Board of Supervisors. The objections will be heard and given due consideration.

Dated this _______ day of _______, 20___.

___________ Name of County planning director Imperial County

(Amended during 2008 codification; prior code 91802.03)

The official designated to give notice to abate weeds and/or other vegetation is the county planning director.

(Prior code 91802.04)

The notice to abate shall be mailed via return receipt/certified mail to the owner of record on the latest equalized tax rolls.

(Prior code 91802.05)

After final action is taken by the board of supervisors on the disposition of any protest or objections or in case no protests or objections are received, the board of supervisors shall order the officer, causing the notices to be posted to abate the nuisance, or to cause it to be abated by having the weeds and/or other vegetation removed.

(Prior code 91802.06)

If the nuisance is seasonal and recurrent, the official shall so declare in his or her declaration. Thereafter, such recurring weeds and/or other vegetation shall be abated without the necessity of any further hearing.

(Prior code 91802.07)

In the case of weeds and/or other vegetation previously declared to constitute a seasonal and recurring nuisance, it is sufficient to mail a letter notice by certified mail to the owners of the property as they and their addresses appear upon the current assessment roll.

The notice shall describe the property affected and shall state the nuisance that must be abated and that otherwise it will be abated by the county authorities, in which case the cost of such removal shall be assessed upon the lot and lands from which or in front of which such weeds and/or other vegetation are removed and that such cost will constitute a lien upon such lots or land until paid.

(Prior code 91802.08)

The official and his or her assistants, deputies, employees, or contracting agents, or other representatives may enter upon private property for the purpose of removing the weeds and/or other vegetation.

(Prior code 91802.09)

Any property owner may have weeds and/or other vegetation removed at his or her own expense if it is done prior to the arrival of the official (or his or her representatives) to do it.

(Prior code 91802.10)