Kingsburg Municipal Code Ch. 8.20 Weed and Rubbish Abatement

The purpose and intent of this article is to fully exercise the city's constitutional and statutory powers in the abatement of weeds and rubbish, refuse, dirt, debris, or any other matter or material which affects aesthetics or may become a health or fire hazard for the general health, safety and welfare of the public.

(Ord. 94-01 § 2 (part), 1994: prior code § 42-4000)

Unless the provision or context otherwise requires, these definitions shall govern the construction of this chapter:

"Inspector" means the fire chief or his/her designee who shall be responsible for the enforcement of the provisions herein.

"Rubbish" shall include, but not be limited to, accumulations of dirt, paper, vegetative clippings, and other solid waste matters.

"Weeds" means all grasses, or noxious weeds as defined in the California Agriculture Code, Section 5004, or plant growth which is not regularly cultivated or maintained for foodstuffs or ornamental purposes which, when dry, create a fire hazard.

(Ord. 94-01 § 2 (part), 1994)

No person, whether such person is the owner, agent, or person in control of any lot or parcel of land within the city, shall maintain, permit, or allow such premises to be maintained in such a condition where weeds, rubbish, refuse, dirt, debris, or other materials are likely to create conditions which may affect the health, safety, or welfare of the residents in the vicinity of neighboring properties or the aesthetics thereof. The existence of any of the following conditions on any parcel or street, alley, sidewalk, or right-of-way abutting such parcel, is prohibited and is hereby declared a public nuisance:

A. Weeds, rubbish, refuse, dirt, debris, or any other matter or material which affects aesthetics or may become a fire hazard;

B. Weeds, rubbish, refuse, dirt, debris, 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 the residents of the city and weeds which are otherwise subject to abatement by law; and

D. Other vegetation or materials that because of lack of maintenance create conditions which may become a fire or health hazard or preclude abatement of the property or affect the aesthetics thereof.

(Amended during 5-08 supplement; Ord. 94-01 § 2 (part), 1994: prior code § 42-4002)

The inspector shall make a periodic survey of all real property within the corporate limits of the city and determine if any vegetative growth or accumulation or rubbish fits within the definitions herein, and prepare a list of the owners thereof from the last equalized assessment rolls of the county assessor's office.

(Ord. 94-01 § 2 (part), 1994: prior code § 42-4003)

The inspector shall cause required notice be given by personal service or by mailing such notice by depositing such notice in the United States mail at Kingsburg, California, addressed to the owner of such lot, piece or parcel of land, at the last equalized assessment roll. Such notice shall bear the date of personal service or mailing. Such notices shall be in substantially the following form:

Notice to destroy weeds and remove rubbish, refuse, dirt, debris and other vegetation and material.

Notice is hereby given that, contrary to the provisions of Article 4, Chapter 2, Title 4 of the Kingsburg Municipal Code, weeds, rubbish, refuse, dirt, debris or other vegetation and materials are existing upon the following described property (give address) that constitute a public nuisance and must be abated by the removal of the weeds, rubbish, refuse, dirt, debris, and/or other vegetation or materials. Unless such removal is made within fourteen (14) days after the date of this notice, the same shall be removed by the City and the cost of the removal shall be assessed upon the land from which such weeds, rubbish, refuse, dirt, debris, and other vegetation and materials were removed, and such cost so assessed will constitute a lien upon such land until paid.

All persons having any objections to the proposed removal may appeal to the City Manager, in writing, within seven days after the date of this notice, by delivery of this notice of appeal to the City Clerk at Kingsburg City Hall, 1401 Draper Street, Kingsburg, California. Failure to file such a notification will result in the City proceeding with the work required at your expense in a timely fashion without further notice or hearing.

Dated this_______ day of ________.

Fire Chief

Kingsburg, California

(Amended during 5-08 supplement; Ord. 94-01 § 2 (part), 1994: prior code § 42-4004)

The owner of the property affected by the abatement notice or notice of costs of abatement may appeal to the city manager the determination of the fire chief. Any such appeal must be filed with the city clerk within seven days from the mailing of the notice appealed. Such appeals must be in writing and shall state the objections and the name, address and the telephone number of the person filing the appeal. The hearing on such objections shall be held by the city manager or his/her designee. Notice of such hearing shall be given at least seven days before such hearing by a written notice served personally upon or sent by regular mail, postage prepaid, to the party appealing. The city manager or his/her designee has the authority to conduct the hearing; to hear and review oral and written evidence; and to approve, modify, or eliminate the work required to be done or to approve, modify or disallow any of the costs of abatement, all based on evidence presented. The written notice of determination of the city manager or his/her designee shall be mailed to the party appealing by the city clerk within seven days of the conclusion of the hearing. Decisions of the city manager or his/her designee may be appealed to the city council.

(Amended during 5-08 supplement; Ord. 94-01 § 2 (part), 1994: prior code § 42-4005)

A. Where No Appeal. Where no appeal has been timely made to the city manager, and the weeds, rubbish, refuse, dirt, debris, or other vegetation or materials have not been removed from the premises in question, or from the street, alley, sidewalk, or right-of-way abutting such premises, as directed by the notice, within such fourteen (14) day period, the fire chief shall thereupon cause the same to be removed, by city crews or private contractor, who may enter upon private property for the purpose of so doing.

B. Where Appeal Has Been Made. Where an appeal has been made to the city manager, and the city manager or his/her designee, or the city council has finally determined that removal or abatement shall be required, and such weeds, rubbish, refuse, dirt, debris, or other vegetation or materials have not been removed from the premises in question or from the street, alley, sidewalk, or right-of-way abutting such premises as set forth in the final notice of determination, the fire chief shall thereupon cause the same to be removed by city crews or private contractor who may enter upon private property for the purpose of so doing.

(Amended during 5-08 supplement; Ord. 94-01 § 2 (part), 1994: prior code § 42-4006)

The fire chief shall keep an account of the costs of abatement or suppression, including administrative costs, on each separate parcel in question or from the street, alley, sidewalk, or right-of-way abutting such premises, where work is done by him/her or by contract as provided in this article. The fire chief shall submit to the council for confirmation an itemized written report showing such costs. A copy of the report shall be made available at least three days prior to its submission to the council.

In addition, a notice of costs of abatement showing the total costs of abatement of the nuisance from each property (or abutting street, alley, sidewalk or right-of-way) shall be mailed by depositing such notice in the United States mail, at Kingsburg, California, addressed to the owner of such lot, piece or parcel of land, at the last equalized assessment roll. Such notice shall state that the costs will be assessed against the affected parcel and made a lien on said parcel to be levied and collected as provided by law unless paid before (insert date). Appeals to such assessment may be made to the city manager by mailing a written notice to the city clerk within ten (10) days from the date of this notice. If the costs are not paid and no objections are timely filed, the property will be assessed without any hearing or further notice for the amount shown in said schedule of costs. Appeals of the costs of assessments shall be processed in accordance with Section 8.20.050. At the time fixed for receiving the report or upon completion of appeal, whichever applies, the council shall confirm the report by resolution.

(Amended during 5-08 supplement; Ord. 94-01 § 2 (part), 1994: prior code § 42-4007)

The city clerk shall cause a certified copy of the resolution referred to in the preceding section to be transmitted to the county tax assessor's office and the county auditor's office for entry on the tax rolls.

(Ord. 94-01 § 2 (part), 1994: prior code § 42-4008)