Kern County Municipal Code Ch. 8.46 Weeds and Other Hazardous Growths

Footnotes:

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Editor's note— Ord. No. G-8697, § 2, adopted April 4, 2017, changed the title of Ch. 8.46 from "Weeds" to the present title.

It shall be the duty of every owner, manager or person in charge of or in control of any residential unit, multiple-dwelling unit, hotel, motel, business, or vacant lot in the urbanized portion of the unincorporated part of the county to maintain his premises free of excessive accumulations of any weeds or other hazardous growths which may endanger or injure neighboring property or by the nature of such growths may attract or harbor insects and rodents or may provide a breeding place for them, may create fire, health or safety hazards for property or persons. Such excessive accumulations of weeds or other hazardous growths are declared a public nuisance and may be abated as provided in this chapter.

(Ord. G-6530 § 6 (part), 1998)

(Ord. No. G-8697, § 3, 4-4-17)

For the purposes of abating public nuisances which consist of excessive accumulations of weeds or other hazardous growths which may create fire hazards for property or persons and imposing administrative penalties under Section 8.46.120, the provisions of Section 8.46.010 shall apply to all unincorporated areas of the county.

(Ord. G-6530 § 6 (part), 1998)

(Ord. No. G-8697, § 4, 4-4-17)

For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning:

A. "Days" means calendar days.

B. "Health officer" means the health officer of the county or a duly appointed representative.

C. "Premises" means and includes the property, abutting sidewalks, alleyways, easements and the public street measured half way to the adjacent property.

D. "Public official" means the building official, health officer, the fire chief of the county, or designees.

E. "Responsible party" means an individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture or any other entity whatsoever whose action or actions caused or contributed to violations of this chapter.

F. "Urbanized portion of the county of Kern" means all urban areas as defined in Chapter 13.56 of this code and all of Sections 1 and 12 of Township 27 South Range 32 East, M.D.B.&M.

G. "Weeds or other hazardous growths" means all vegetation growths growing upon streets, sidewalks or private property in the county, and includes but is not limited to the following:

1. Weeds which bear seeds of a downy or windy nature;

2. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;

3. Weeds which are otherwise noxious or dangerous;

4. Poison oak and poison ivy when conditions of growth are such as to constitute a menace to the public health;

5. Dry grass, stubble, brush, litter, dead trees or other flammable material which endangers the public safety by creating a fire hazard.

(Ord. G-6530 § 6 (part), 1998)

(Ord. No. G-8697, § 5, 4-4-17)

Every owner, manager and person in possession, charge or control of any property shall keep it free and clear of all accumulations of weeds or other hazardous growths which may attract, harbor or provide a breeding place for insects or rodents, create a fire hazard or otherwise be or become a hazard to health, safety and welfare of the public. Any property or premises not kept free of such accumulations is a public nuisance and may be abated as provided in this chapter.

(Ord. G-6530 § 6 (part), 1998)

(Ord. No. G-8697, § 6, 4-4-17)

The public official shall have the duty and power to enforce the provisions of this chapter.

(Ord. G-6530 § 6 (part), 1998)

A public official may give an order to abate such a nuisance as described in Section 8.46.040 to the owner, manager or other responsible party. Such order to abate shall be in the form approved by the county counsel. The owner, manager or other responsible party has fifteen (15) days from the date of the order to abate the nuisance. If the nuisance is not removed or abated within fifteen (15) days after the order has been given, the public official may, with county forces or a private contractor, have the nuisance removed, destroyed, or abated and the cost of such removal, destruction, or abatement shall be charged to the owner, manager, and/or other responsible party. The order of abatement may be given by any or all of the following methods: (A) by mail to the owner of the premises as shown on the last equalized assessment roll of the county or other more current address known to the enforcing agency, or to the manager or other responsible party; (B) by personal service to such owner, manager and/or responsible party; (C) by posting the notice on the premises if the address of the owner of record cannot be determined from the last equalized assessment roll.

(Ord. G-6530 § 6 (part), 1998)

(Ord. No. G-8697, § 7, 4-4-17)

The county, acting through its board of supervisors, may contract with private persons to abate those items declared nuisances pursuant to this chapter.

(Ord. G-6530 § 6 (part), 1998)

It is unlawful for any person to interfere with an officer or employee of the county or a private contractor removing or otherwise abating any nuisance under the provisions of this chapter.

(Ord. G-6530 § 6 (part), 1998)

Any interested party may appeal an order to abate by filing a written notice of appeal, stating the grounds on which such party is appealing, with the public official issuing such order before the date set for the abatement of the nuisance. The filing of such notice of appeal shall stay the effectiveness of the order of abatement until the appeal has been decided by the board of supervisors. Notice of appeal is not filed until it is delivered to the public official that issued the order at its headquarters. The person appealing has the burden to show that the condition of the premises does not constitute a nuisance pursuant to Section 8.46.040. The board of supervisors shall hear the appeal and may affirm, amend or repeal the order of abatement. The person appealing shall have seven (7) days from the date of the service of the order of the board of supervisors affirming or amending the order of abatement in which to abate the nuisance. Service of such an order shall be made on the appellant by personal service or by mail to the appellant's last known mailing address. Service shall be deemed complete on the day after deposit in the United States mail.

(Ord. G-6530 § 6 (part), 1998)

Any interested party may protest the cost for abatement presented by the county. The burden of proof is on the protestor to show any defect in the bill. Any interested party may make this protest by filing a notice of protest with the public official at its headquarters within thirty (30) days after the billing date. Filing is not complete until the notice of protest is received at the headquarters of the public official. The board of supervisors shall hear the protest and may affirm, amend or cancel the bill. The board of supervisors may delegate the power and duty to hear protests to cost bills pursuant to this section to any officer, board, department or commission.

(Ord. G-6530 § 6 (part), 1998)

If the responsible party does not pay the cost of abatement within forty-five (45) days after being billed or within fifteen (15) days after an order of the board of supervisors affirming or amending the cost bill pursuant to Section 8.46.100, the county may, in addition to other remedies institute an action in small claims court in the name of the county against the person billed, or may request the auditor-controller to place the amount billed on the tax roll as a special assessment against the premises. When requested, the auditor-controller shall place the amount billed as the cost of abatement in addition to any fines assessed pursuant to Section 8.46.120 on the tax roll as a special assessment against the premises. In addition, the board of supervisors may assign such claims under the provisions of Government Code Section 26220 to a collection agency. Amounts owed the county for abatement shall bear interest at the maximum amount allowable under the law from the date of the abatement.

(Ord. G-6530 § 6 (part), 1998)

A. Violations of this chapter are misdemeanors.

B. The public official may issue an administrative citation against any responsible party in accordance with the procedures of Chapter 8.54 of this code, subject to the following provisions:

1. The administrative penalty for a violation of this chapter shall be a fine not exceeding five hundred dollars ($500.00) for the first violation and a fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one (1) year from the date of the first violation.

2. Notwithstanding Section 8.54.120, paragraph (D) of Chapter 8.54 of this code, unless the violation creates an immediate danger to health and safety, a responsible party shall be provided with an opportunity to correct the violation prior to the imposition of the administrative penalty in accordance with the following:

a. If a responsible party fails to correct the violation within fifteen (15) days after the administrative citation is served under Section 8.54.050, the administrative penalty established by the administrative citation shall become effective and due immediately. The public official may extend the time permitted to correct the violation upon a showing of good cause.

b. The administrative penalty, or any portion thereof, for a first-time violation which has become effective following the corrective period may be waived by the public official in his sole discretion only if the responsible party corrects the violation in accordance with all conditions established by the public official.

(Ord. G-6530 § 6 (part), 1998)

(Ord. No. G-8697, § 8, 4-4-17)