Irvine Municipal Code Ch. 3 Weeds

No person, whether the owner, agent, lessee, occupant or person in control of any lot or parcel of land within the City, shall maintain or permit or allow such premises to be maintained in such a condition where weeds, rubbish or other material are likely to create conditions which may affect the health, safety, comfort or welfare of the residents in the vicinity or neighboring properties. The existence of any of the following conditions is prohibited and is hereby declared to be a public nuisance:

A. Weeds, rubbish or any other matter or material which may become a fire hazard;

B. Weeds, rubbish or any other matter or material which may provide a breeding place or refuge for rodents, insects or other vermin;

C. Weeds which may produce pollen which is injurious to the health, safety, comfort or welfare of residents;

D. Condition of unsightliness.

(Code 1976, § IV.J-301; Ord. No. 244, § 1, 7-10-79)

Whenever the Chief Building Official shall find that a condition prohibited by Section 4-11-301 exists upon any lot, piece or parcel of land, or upon any street, alley, sidewalk or right-of-way abutting such lot, piece or parcel of land, he or she shall give or cause to be given, in the manner hereinafter provided, a notice to remove such weeds, rubbish or other material.

(Code 1976, § IV.J-302; Ord. No. 244, § 2, 7-10-79)

A. The notice required by Section 4-11-302 shall be given by posting in a conspicuous place upon or in front of the lot, piece or parcel of land on which, or upon the street, alley, sidewalk or right-of-way adjacent to which, such weeds, rubbish or other material may be. Said notice shall be headed "Notice To Clean Premises" in letters not less than one inch in height; and the notice, in legible characters, shall direct the removal of weeds, rubbish or other material as the case may be, and refer to this chapter for further particulars. Said notice shall be in substantially the following form:

NOTICE TO DESTROY WEEDS AND

REMOVE RUBBISH, REFUSE

AND DIRT

Notice hereby is given that contrary to the provisions of Section 4-11-301 of the Irvine Municipal Code, noxious and dangerous weeds and/or rubbish, refuse, and dirt are existing upon or in front of the following described property: (give the address, or if posting a whole street, the name of the street). That they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse and dirt. Unless said removal is made within 10 days from the date of this notice, the same shall be removed by the City, and the cost of the removal assessed upon the land from which, or in front of which weeds, rubbish, refuse and dirt are removed, and such cost so assessed will constitute a lien upon such land until paid.

All persons having any objection to the proposed required removal may appeal to the City Council, in writing, within 10 days from the date of this notice.

DATED: This ___ day of ________, 20___

___________

Chief Building Official

City of Irvine, California

B. As an alternative to the posting of notice, the notice required hereby may be given by personal service of a notice similar in substance, by serving the same upon the owner of such lot, piece or parcel of land, or by mailing said notice by depositing such notice in the general delivery United States Mail, at Irvine, California, addressed to the owner of such lot, piece or parcel of land, at the address shown by the last equalized assessment roll.

C. The notice shall bear the date of posting, personal service or mailing.

(Code 1976, § IV.J-303; Ord. No. 244, § 3, 7-10-79)

Within 10 days from the date of the notice the owner or any other persons interested in the property, land or lots affected by said notice may appeal to the City Council from the determination of the Chief Building Official; such appeal shall be in writing and shall state the objections and the name and address of the person filing the appeal. The appeal shall be filed with the City Clerk and shall be presented by the Clerk to the City Council at the next regular meeting of the City Council following the date of filing. The City Council at such meeting, or at such meeting to which the matter may be continued by the Council, shall hear and pass upon the appeal; and the decision of the Council thereupon shall be final and conclusive.

(Code 1976, § IV.J-304; Ord. No. 244, § 4, 7-10-79)

A. Unless within 10 days from the date of notice or in the event that an appeal has been made to the City Council, within 10 days from the date of the determination of the appeal, unless said appeal is sustained and the Council determines that no such removal shall be required, and written notice of the determination mailed to the one appealing at the address shown in the appeal, the weeds, rubbish or other material have been removed from the premises in question or from the street, alley, sidewalk or right-of-way abutting such premises as directed by said notice or by the City Council on appeal, the Chief Building Official thereupon shall cause the same to be removed and may enter upon private property for the purpose of so doing.

B. If upon appeal the requirements of the original notice have been modified by the City Council, the Chief Building Official in causing said weeds, rubbish or other material to be removed shall be governed by the determination of the City Council.

(Code 1976, § IV.J-305; Ord. No. 244, § 5, 7-10-79)

The Chief Building Official shall keep or cause to be kept in his or her office a permanent record showing the legal description, as shown on the last equalized assessment roll of the County, of each piece of property or lot from which, or the street, alley, sidewalk or right-of-way abutting said property from which said weeds, rubbish or other material have been removed under the provisions of this chapter; and said record book shall show any and all expense incurred by the City in the removal of said weeds, rubbish or other material as said expense relates to each separate property ownership. Each entry in said record book shall be made upon the completion of work done on each piece of property or lot or upon the street, alley, parkway or sidewalk abutting thereon. After such entry has been made in said book, the same shall constitute an assessment against the parcel of land and thereafter said assessment shall be confirmed by motion of the City Council; and the assessment, after made and confirmed, shall become a lien upon the parcel.

(Code 1976, § IV.J-306; Ord. No. 244, § 6, 7-10-79)

Between the first and 15th day of July of each year the Chief Building Official shall cause to be published in a local news medium in the City a notice to the effect that any person affected or aggrieved by any act or determination of the Chief Building Official or of the City Council in connection with the provisions of this chapter may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk prior to the 15th day of July. At the next regular meeting of the City Council, after the 15th day of July, or from time-to-time thereafter as may be determined by the Council, the Council shall hear and pass upon each such appeal; and the determination of the Council thereupon shall be final and conclusive. In the event any determination of the Chief Building Official is modified by determination of the City Council or any assessment changed or corrected, the Chief Building Official shall cause such correction to be made upon the record showing the assessment.

(Code 1976, § IV.J-307; Ord. No. 244, § 7, 7-10-79)

At the expiration of the time for appeal or upon the determination by the City Council of all appeals so filed and in compliance with the requirements of any determination so made, the Chief Building Official shall deliver to the City Clerk an abstract of the entries of the permanent record in which the engineer has shown each assessment, for the preceding fiscal year. Such abstract shall show the property affected and the amount charged there against. The City Clerk, prior to August 10 of each year, shall deliver to the County Auditor the amount of each such charge to be placed upon the assessment roll against the respective lots; and thereafter said charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as City taxes are collected. The provisions of this section shall not apply to any piece of property or land or lot the charge against which has been paid prior to the delivery to the City Clerk of said abstract, but in such case an appropriate entry shall be made in the record book by the Chief Building Official, showing that such charge has been paid, so that when the same is delivered to the City Clerk all assessments shown thereon shall be valid and effective.

(Code 1976, § IV.J-308; Ord. No. 244, § 8, 7-10-79)

Proof of the posting, serving in person or mailing of any notice, order or determination provided for in this chapter shall be by affidavit of the person performing the duty; and said affidavit must specify the time when the duty was performed. It shall be the duty of the Chief Building Official to keep such affidavits among the official records in his or her office.

(Code 1976, § IV.J-309; Ord. No. 244, § 9, 7-10-79)

Any assessment or any portion of an assessment levied pursuant to the provisions of this chapter which heretofore or hereafter has been paid more than once, erroneously or illegally collected, paid in excess of the amount chargeable, was not chargeable to the person or the property paying the same under the provisions of this chapter, by reason of a clerical error of the employees or officials of the City, may be refunded by order of the City Council in the same manner, to the same extent and under the same conditions as now or hereafter are provided by the City for refund of payments of general taxes, at any time after the abstract of charges taken from the record book of the Chief Building Official has been delivered to the County Assessor and entered upon the assessment books. The owner of any property assessed who may claim that the assessment is void in whole or in part may pay the same under protest. Said protest shall be in writing, shall be received by the City Clerk on or before March 1 after the tax became due and payable, and shall specify whether the whole or any part of the assessment is void and the grounds upon which such claim is founded. Such owner, after such payment, may recover the same in the manner and under the conditions provided in Government Code § 39585.

(Code 1976, § IV.J-310; Ord. No. 244, § 10, 7-10-79)