Imperial Municipal Code Art. III-1 Alternative Nuisance Abatement Procedure

Nuisances, Resolution. The city council may declare by resolution as public nuisances, and abate:

(a) All weeds growing upon the streets, sidewalks, or private property in the
city.

(b) All rubbish, refuse, and dirt upon parkways, sidewalks, or private property
in the city.

14-24. Resolution Declaring Public Nuisance; Contents. The resolution adopted by the city council pursuant to section 14-23 shall:

(a) Refer to the street(s) by its/their commonly known name(s).

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

(b) Describe the property(ies) upon which or in front of which the nuisance(s)
exist(s) by giving the applicable lot and block number(s) according to the
official or city assessment map.

14-25. City Council Declaration of Weeds as Recurrent Nuisances. Pursuant to California Government Code section 39562.1, at the time it adopts the resolution as provided for by sections 14-23 and 14-24 hereof, the city council may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.

Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this section, provided that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need to be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll.

The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the city authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid.

14-26. Recurrent Nuisances; Preventative Abatement.

(a) When the city council has adopted findings and declared that weeds on
specified parcels of property are seasonal and recurrent nuisances as
provided in section 14-25, the city council may provide for the preventive
abatement of such seasonal and recurrent nuisances as provided in this
section pursuant to California Government Code section 39562.2.

(b) The notice required by section 14.25 shall, in addition to containing all
other required matters, state that the efficient and economical control of
such seasonal and recurrent nuisance requires preventive chemical control
of such weeds, weed seeds and weed seedlings and that the city may
require preventive chemical control of such nuisance.

(c) In the event the city has previously been required to abate such nuisance,
the city council additionally may (before and during the next following
germinating season of such weeds) provide for the preventive abatement
of such nuisance by using chemical control of such weeds.

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described in section 14-24 and 14-25 hereof, the director of public works shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The director shall post:

(a) One notice to each separately owned parcel of property of not over fifty
(50) feet frontage.
(b) Not more than two (2) notices to any such parcel of one hundred (100) feet
frontage or less.

(c) Notices at not more than one hundred (100) feet apart if the frontage of
such a parcel is greater than one hundred (100) feet.

14-28 Heading of Notices to Destroy Weeds. The heading of the notices described in section 14-27 shall be “Notice to destroy weeds and remove rubbish, refuse, and dirt” in letters not less than one inch in height.

14-29 Text of Notice to Destroy Weeds and Remove Rubbish. 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 ______________, [year], the city council of the City of Imperial passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in the City of Imperial, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk.

All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the city council of the City of Imperial to be held [give date], when their objections will be heard and given due consideration.

Dated this ________ day of ___________, [year].

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Director of Public Works, City of Imperial

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(a) As an alternative to posting notice of the resolution and notice of the
meeting when objections will be heard, the city council may direct the city
clerk to mail written notice of the proposed abatement to all persons
owning property described in the resolution. The city clerk 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 the resolution was adopted by the city council.

(b) When the county assessor performs the function of city assessor, the
county assessor, at the request of the city clerk shall within ten (10) days
thereafter mail to the city clerk a list of the names and addresses of all of
the persons owning property described in the resolution. 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. The city
shall reimburse the county for the actual cost of furnishing such list and
the cost shall be a part of the costs of abatement.

(c) The notices mailed by the city clerk shall be mailed at least five (5) days
prior to the time for hearing objections by the city council.

(d) The notices mailed by the city clerk shall be substantially in the form
provided by section 14-29, except, that notices shall be signed by the city
clerk and the heading of the notice need not comply with section 14-29.

14-31. City Council Hearing. At the time stated in the notices, the city council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time.

14-32. Council Action; Jurisdiction. By motion or resolution at the conclusion of the hearing the city council shall allow or overrule any objections. At that time the city council acquires jurisdiction to proceed and perform the work of removal.

14-33. Decision of the City Council Final. The decision of the city council is final.

14-34. City Council Abatement Order. If objections have not been made, or after the city council has disposed of those made, it shall order the director of public works to abate the nuisance by having the weeds, rubbish, refuse, and dirt removed. The order shall be made by motion or resolution.

14-35. Entry upon Private Property. The community development director may enter upon private property to abate the nuisance.

14-36. Abatement by Property Owner; Possible Assessment. Before the community development director arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at his own expense. Nevertheless, in any case in which

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an 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 section 39577 of the California Government Code. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement clerical and other related costs.

14-37. Account of Abatement Costs. The community development director or applicable agent or contractor, shall keep an account of the cost of abatement in front of or on each separate parcel of land where the abatement work is performed. He shall submit to the city council for confirmation an itemized written report showing such cost.

14-38. Posting of Copy of Account of Costs. A copy of the report shall be 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, with a notice of the time of submission.

14-39. City Council Hearing on the Account of Costs. 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 cit council shall then confirm the report by motion or resolution.

14-40. Authority for City to Contract for Abatement Services. Abatement of the nuisance may in the discretion of the city council be performed by contract awarded by the city council on the basis of competitive bids let to the lowest responsible bidder pursuant to California Public Contract Code section 20164, 20166, 20167, and 20170 to 20174 inclusive. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by section 14-37.

14-41. Costs of Abatement of Nuisance; a Special Assessment. The cost of abatement in front of or upon each parcel of land and the costs incurred by the responsible agency in enforcing abatement upon the parcels, including 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 Imperial County, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fid purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes as imposed by California Government Code section 39578 and 14-42 of the City Code 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 costs of enforcing abatement, as

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confirmed, relating to such property shall be transferred to the unsecured roll for collection.

14-42. Copy of Costs Report to City Assessor and Tax collector; to be added to next Regular Tax Bill. Except as provided in section 14-41, after confirmation of the report, a copy shall be given to the city assessor and the tax collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

14-43. Filing of Certified Copy of Cost Report with County Auditor; time limit. Except as provided in section 14-41, if the county assessor and the tax collector assess property and collect taxes for the city, a certified copy of the report shall be filed with the county auditor on or before August tenth. 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.

14-44. Duty of County Auditor. Pursuant to California Government Code section 39580, the county auditor shall enter each assessment on the county tax roll opposite the parcel of land.

14-45. Collection of assessments as municipal taxes; provision for installment payments. Pursuant to California Government Code section 39581, 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.

The city council may determine that, in lieu of collecting the entire assessment at
the time and in the manner of ordinary municipal taxes, such assessments of fifty
dollars ($50.00) or more may be made in annual installments, in any event not to
exceed five (5), and collected one installment at a time at the times and in the
manner of ordinary municipal taxes in successive years. If any installment is
delinquent, the amount thereof is subject to the same penalties and procedure for
foreclosure and sale provided for ordinary municipal taxes. The payment of
assessments so deferred shall bear interest on the unpaid balance at a rate to be
determined by the city council, not to exceed six (6) percent per annum.

limit. The director of public works may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the city assessor and tax collector, or, where a certified copy is filed with the county auditor, until August first following the confirmation of the report.

council may order refunded all or part of a tax paid pursuant to this section if it finds that all or part of the tax has been erroneously levied. A tax or part shall not

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be refunded unless a claim is filed with the city clerk on or before November 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax or by the person’s guardian, conservator, executor, or administrator.

the proceedings provided by this section are an alternative to the procedures established elsewhere in the City Code.

Government Code section 39588, the lien of the assessment described in this section shall have the priority of the taxes with which it is collected.