La Mesa Municipal Code Ch. 10.40 Weed, Rubbish and Nuisance Abatement

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Editor's note— Ord. 2012-2820, § 1, adopted April 10, 2012, repealed Ch. 10.40 and enacted a new chapter as set out herein. The former Ch. 10.40, §§ 10.40.010—10.40.070, pertained to litter and derived from Ord. 1254, §§ 2 3, 5, 7, and 9—11, adopted August 29, 1961.

"Waste matter," for the purpose of this chapter, means unused or discarded matter having no substantial market value which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists (without limitation or exclusion by enumeration) of such matter and materials, including but not limited to:

A. Rubble, asphalt, concrete, plaster, and tile;

B. Rubbish, crates, cartons, metal and glass containers; and

C. Weeds which bear the seeds of a downy or wingy nature, sagebrush, chaparral, poison oak, dry grass, brush, litter or other flammable, noxious, or dangerous material which endangers the public safety by creating a fire hazard.

(Ord. 2012-2820, § 1; April 10, 2012)

All weeds or dry grasses, dead shrubs, dead trees or tree limbs that constitute a nuisance, rubbish, or any material growing or discarded upon the streets, parking areas, sidewalks, or upon private property within the city which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvement, crops or other property, and weeds or grasses which, when dry, will in reasonable probability constitute such a fire hazard are hereby declared to be a nuisance.

Cultivated and useful grasses and pastures are not a nuisance as determined by the fire chief and/or his designated representative pursuant to this chapter. However, if the fire chief or his or her authorized representative determines it necessary to protect property from fire exposure, an adequate fire break may be required.

(Ord. 2012-2820, § 1; April 10, 2012)

Waste matter that by reason of its location and character would materially hamper or interfere with the prevention or suppression of fire upon any lot, property or premises is hereby declared to be a nuisance.

(Ord. 2012-2820, § 1; April 10, 2012)

If it is determined by the fire chief or his or her authorized designee, that a nuisance, as designated in this Chapter exists on any lot, property or premises in the city or upon any sidewalk, parking area or street adjacent to such lot, property or premises, the fire chief or his or her authorized designee shall cause, including through the use of a third party contractor, a notice to be issued to abate such nuisance. Such notice shall be entitled: "NOTICE TO ABATE NUISANCE" in legible characters, shall direct the abatement of the nuisance and shall be directed to the owner, occupants or person in charge or control of the lot, property or premises.

(Ord. 2012-2820, § 1; April 10, 2012)

The notice to abate nuisance shall be served in any one of the following ways:

A. By personal service on the owner, occupant or person in charge or control of the lot, property or premises. Service shall be complete upon such personal service;

B. By regular or certified mail addressed to the owner or person in charge and control of the lot, property or premises, at the address shown on the last available property assessment roll, or as otherwise known. Service shall be deemed complete upon the deposit of said notice, postage prepaid, in the United States mail; and

C. By posting at a conspicuous place a notice to clean premises (these words in one inch or taller print) on the lot, property or premises or abutting public right-of-way. Service shall be deemed complete on the day of posting.

(Ord. 2012-2820, § 1; April 10, 2012)

A. Within ten days from the date of service of the notice to abate nuisance, the owner or person occupying or controlling such lot, property or premises affected may appeal to the fire chief. Such appeal shall be in writing and shall be filed with the city. The fire chief or his or her authorized designee shall hold a public hearing not less than five calendar days nor more than twenty calendar days from receipt of the written appeal.

B. The decision of the fire chief or his or her authorized designee thereupon shall be final and conclusive unless a written appeal is made to the city council within five business days of the decision of the fire chief or his/her authorized representative. Such appeal shall be in writing and shall be filed with the city clerk. The city clerk shall notify the appellant in writing no later than seven days prior to the scheduled hearing of the time, date and place of the hearing by mailing such notice to him or her at the address stated in his or her written appeal.

C. The city council shall hear the appeal as scheduled in the notice. The city council's decision on the issue shall be final.

D. The city council may take up to thirty days to hear this matter and vote thereon.

E. Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions outlined above shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order to abate administrative penalty or any portion thereof.

(Ord. 2012-2820, § 1; April 10, 2012)

It shall be the duty of the owner, the agent of the owner, or the person in possession or control of any lot, property or premises in the city, within thirty days from the date of notification as provided in this chapter, or in case of an appeal, within ten days from the final determination thereof, unless the same is sustained, to remove the nuisance as stated in the notice to abate.

Once it has been determined that the property contains a nuisance, the responsible party/parties are jointly and severally responsible for the abatement and the costs of the abatement. The cost of abatement includes the costs paid to the contractor hired by the city, the administrative costs and all attorneys' fees in assisting the city in causing the forced abatement. Abatement by private contractor shall only take place after an authorized representative of the city has inspected and approved the forced abatement of the nuisance and then ordered the forced abatement in writing. All abatements shall only take place under this authority. It shall also be the duty of the owner, occupant or person in charge of the property to obtain all required permits or approvals from all other governmental agencies, including, but not limited to, the California State Fish and Game and the U.S. Fish and Wildlife Service, prior to removal of the nuisance.

(Ord. 2012-2820, § 1; April 10, 2012)

If the owner, occupants or person in charge of the subject property fails to remove the nuisance pursuant to this chapter, the fire chief or his or her authorized designee shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the abatement proceedings and an accurate account of the charges for abating the nuisance on each separate property shall be filed with the city clerk.

(Ord. 2012-2820, § 1; April 10, 2012)

The city council shall thereupon set a date for the hearing on the cost report and account of the charges for approval at a regular meeting, which shall be held at least seven calendar days after the date of filing, and shall post a copy of the report and account of the charges and notice of the time, date and place of the hearing in a conspicuous place at or near the entrance of the Council Chambers three days prior thereto.

(Ord. 2012-2820, § 1; April 10, 2012)

The city council shall consider the cost report and account of the charges at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account of charges. At the conclusion of any such protest, the city council may approve the report and account as submitted, or as modified or corrected by the city council. The amounts so approved shall become liens upon the respective lots, properties or premises, upon which abatement was performed, and the city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the most recent available property assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs and waste matter constitute a nuisance pursuant to this chapter.

(Ord. 2012-2820, § 1; April 10, 2012)

The city clerk shall prepare and file with the county auditor a certified copy of the resolution of the city council adopted pursuant to section 10.40.100. The finance department of the city or its authorized designee may accept payment of any amount due at any time prior to the city council final determination on the cost report and account.

(Ord. 2012-2820, § 1; April 10, 2012)

The provisions of Government Code Sections 39580 to 39585, inclusive, are incorporated in this chapter by reference; provided, however, that the authority for this chapter is Government Code Section 39502 and provided, further, that the city council does not adopt the alternative provisions established by Government Code Section 39560 et seq. except as expressly provided herein. The county auditor shall enter each assessment in the county tax roll relating to the parcel of land. 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 as is provided for ordinary municipal taxes.

If the property in question is transferred subsequent to abatement, any abatement fees applicable prior to the transfer shall remain applicable against the property until paid, regardless of whether the lien for the special assessment has been recorded or not. Pursuant to Civil Code Section 3483, if the property in question is transferred during the time of notices prior to abatement, all notices that have previously been sent to the first owner shall be deemed to be noticed to the new owner.

(Ord. 2012-2820, § 1; April 10, 2012)

The owner, occupant or agent of any lot, property or premises who permits or allows the existence of a nuisance pursuant this chapter, upon any lot, property or premises owned, occupied or controlled by the same, or who violates any of the provisions of this chapter, is guilty of a misdemeanor.

(Ord. 2012-2820, § 1; April 10, 2012)

Should any section, paragraph, sentence or word of this chapter or the codes referenced herein, be declared invalid, it is the intent of the city council that it would have adopted all other portions of this chapter independent of the invalid portions and those portions not deemed invalid will remain in full force and effect.

(Ord. 2012-2820, § 1; April 10, 2012)