Larkspur Municipal Code Ch. 9.26 Weed Abatement

Sections: 9.26.010 Title. 9.26.020 Findings. 9.26.030 Enforcement Officer Designated. 9.26.040 Definitions. 9.26.050 Public Nuisance. 9.26.060 Notice to Abate. 9.26.070 Appeal.

9.26.080 Abatement by Enforcement Officer. 9.26.090 Alternative Procedure. 9.26.100 Record of Costs. 9.26.110 Confirmation of Costs. 9.26.120 Billing and Assessment. 9.26.130 Remedy. 9.26.140 Attorney Fees.

This chapter shall be known and may be cited as the “City of Larkspur Weed Abatement Ordinance.” (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

The City Council finds that weeds and refuse, as defined in this chapter, on lots or parcels within the City, constitute public nuisances. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

The Fire Chief of the City is designated as the Enforcement Officer, whose duty it is to administer and enforce the provisions of this chapter, except as otherwise provided herein. The City Council may designate another City official as alternative or additional enforcement officer(s) by resolution. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

“Owner” shall mean any person owning property, as shown on the last equalized assessment roll for City taxes. A lessee, tenant, beneficiary of an easement, or other person having possession of property shall not mean an owner for purposes of this chapter.

“Person” shall mean any individual, partnership, corporation, association, or other organization, however formed.

“Property” shall mean all real property, including but not limited to front yards, side yards, back yards, driveways, walkways, sidewalks, parkway strips, curbs, the area between the back of the sidewalk and the property line, parking lots, and agricultural and other undeveloped land, and shall include any building located on such property.

“Refuse,” as used in this chapter, means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to paper, wrappings, cardboard, tin cans, yard clippings, leaves, wood, dry grass, bedding, crockery, and similar materials.

“Weeds,” as used in this chapter, shall have the definition in Government Code Section 39561.5, as it may be amended. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

No owner of any property within the jurisdictional area of the City shall permit weeds and/or refuse to remain or accumulate upon said property or upon public sidewalks or streets between said property and the center line of any public street. All such weeds, refuse, and similar materials are hereby declared a public nuisance.

Every property owner shall destroy or remove such weeds, and remove or cause to be removed such refuse from their property and from the abutting half of any street or alley between the lot lines of the property, as extended. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

A. Whenever the Enforcement Officer or their designee determines that property is maintained in violation of Larkspur Municipal Code Section 9.26.050, they shall give notice to the owner to remove such weeds, refuse, or similar materials within ten (10) calendar days of the mailing or posting of the notice.

B. The notice shall contain all of the following information:

1. That the owner has the right to appeal the determination, as provided for in Larkspur Municipal Code
Section 9.26.070;

2. That if the owner fails to perform the abatement work described in the notice within the time prescribed,
the City shall itself perform the work, as provided for in Larkspur Municipal Code Section 9.26.080;

3. That if the City performs the abatement work, the owner shall be charged for the City’s costs, including
administrative and legal expenses, as provided for in Larkspur Municipal Code Sections 9.26.100 through
9.26.120; and

4. If the owner fails to compensate the City for its costs of performing the abatement work within thirty (30)
days of the City billing the owner, the costs shall become an assessment against the property to be collected
at the same time and in the same manner as other City taxes, as provided for in Larkspur Municipal Code
Section 9.26.120.

C. Notice shall be given by posting such notice in a conspicuous place on the property and by mailing it to the owner, as shown on the last equalized assessment roll for City taxes, by certified mail. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of the mailing. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

Within seven (7) calendar days of the posting or mailing of notice, the owner may appeal the determination and order of the Enforcement Officer. Such appeal shall be in writing and filed with the City Clerk. The City Manager shall review the appeal and consider such other evidence as they consider relevant in making a decision.

The City Manager’s decision shall be final and mailed to the owner by certified mail within fourteen (14) calendar days of receipt of the appeal by the City Clerk. If the City Manager affirms the determination of the Enforcement Officer, they shall set a new date by which the owner must abate the weeds, refuse, or similar materials on their property. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

A. If the owner does not appeal the Enforcement Officer’s decision and does not perform the abatement work required within the time provided in the notice, the Enforcement Officer may enter upon the owner’s property and remove or destroy, or cause to be removed or destroyed, the weeds, refuse, or similar materials constituting a nuisance.

B. If the owner appeals the Enforcement Officer’s decision, the City Manager affirms that decision, and the owner does not perform the abatement work required in the City Manager’s order within the time provided therein, the Enforcement Officer may enter upon the owner’s property and remove or destroy, or cause to be removed or destroyed, the weeds, refuse, or similar materials constituting a nuisance. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

Nothing in this chapter shall prevent the City from using the procedures set forth in Government Code Section 39560 et seq. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

The Enforcement Officer shall keep an account of the cost of any abatement work performed under this chapter, including administrative and legal costs, on each separate lot or parcel of land, the name of the owner thereof, and the date that notice was given, or in case of appeal, the date of determination by the City Manager. Such costs shall become, when confirmed, a special assessment against the property. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

After the completion of any abatement work performed under this chapter and computation of the costs of the work, including administrative and legal costs, the Enforcement Officer shall transmit to the City Council the record of costs. The owner shall be given ten (10) calendar days’ notice, by certified mail, of the hearing at which the City Council will consider the costs. The owner may file an appeal of the costs within seven (7) calendar days of the date on which the notice was mailed; the appeal shall state the grounds for the appeal. The City Council shall hold a hearing to confirm the costs and consider any appeal. If confirmed by resolution, the costs shall become a special assessment against and lien upon the property. The City Council’s determination shall be final and conclusive. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

Subsequent to the confirmation of the costs of abatement by the City Council, the owner shall be billed for those costs. If the owner fails to remit payment within thirty (30) calendar days of the mailing of the bill, a certified copy of the Council’s resolution confirming the report shall be filed with Marin County Auditor-Controller, who shall enter such assessment on the tax roll against the premises. The assessment shall be collected at the same time and in the same manner as other City taxes.

It shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of City taxes shall be applicable to such assessment. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

The remedy provided to secure the removal and/or destruction of weeds and refuse in this chapter is hereby declared to be additional or alternative to any other remedy provided by law. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)

Pursuant to Government Code Section 38773.5, in any action, administrative proceeding or special proceeding initiated by the City to abate a nuisance under this chapter, the prevailing party may recover attorneys’ fees. Recovery of attorneys’ fees by the prevailing party is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. The award of attorneys’ fees to the prevailing party shall in no circumstances exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. (Ord. 1030 § 2(7), 2018; Ord. 937 § 1, 2004)