Lodi Municipal Code Ch. 15.31 Weed and Refuse Abatement

This chapter shall be known and may be cited as the "Weed and Refuse Abatement" ordinance.

(Ord. 1662 § 1 (part), 1998)

The city council finds that weeds and refuse, as defined in this chapter, on lots or parcels within the city, constitute public nuisances.

(Ord. 1662 § 1 (part), 1998)

The fire chief of the city is designated as the enforcement officer, whose duty it is shall be to administer and enforce provisions of this chapter, except as otherwise provided herein.

(Ord. 1662 § 1 (part), 1998)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A. "Weeds" means any weeds or grasses which when mature bear seeds of a downy or wingy nature, or which because of having attained, or which may attain, such a large growth that when dry shall become a fire or safety hazard, or which are otherwise noxious or dangerous to health.

B. "Refuse" means any waste matter, litter, trash, rubbish, debris, grass clippings, tree or shrub trimmings, and dirt which is, or when dry may become a hazard to health, or which is offensive to the senses and/or detrimental to the attractiveness of the surroundings.

C. "Lot" means a lot, parcel, tract, or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining such lot, parcel, tract or piece of land, and the parkways or areas lying between such abutting sidewalk and the curb or street line, or between the abutting property ownership line and any street line.

D. "Private lot" means any lot as above defined not owned and in the possession of a governmental agency or entity.

(Ord. 1662 § 1 (part), 1998)

A. Whenever weeds or refuse, as defined in Section 15.31.040 of this code are situated upon any private lot, the enforcement officer shall cause notice to be posted upon or in front of such property requiring that any such weeds be destroyed or removed and any such refuse be removed by the owner or occupant within fourteen days from and after the date of such posting. In the event such weeds or refuse are not so destroyed or removed within such period of time, or if a hearing is timely requested as provided for in Section 15.31.070, within the time therein provided for, the enforcement officer shall forthwith cause the same to be destroyed or removed, and he or she and other employees of the city and any contractors for the city may enter upon the property for such purpose. Such notice shall be in the following form, the heading to be in letters not less than one inch in height.

NOTICE TO DESTROY WEEDS AND TO REMOVE REFUSE

Pursuant to Chapter 1531 of the Lodi Municipal Code, notice is hereby given that weeds and/or refuse are situated upon this lot, and are a public nuisance. Said weeds are required to be destroyed or removed from this lot, and the public nuisance thus abated, within fourteen (14) days after the date of this posting, unless within ten (10) days after said posting date a person interested in this lot files in writing with the City Clerk of the City of Lodi a request for a hearing before the City Council to consider objections to this abatement order. Said hearing shall be at the next regularly scheduled City Council meeting, or any adjournment thereof, after the filing of said request. The date, time and place may be obtained from the City Clerk. If a hearing is so requested, said public nuisance is required to be abated within fourteen (14) days after the date of said posting, or within five (5) days after the decision of the Council, whichever is later, unless a longer period is directed by said Council.

If said public nuisance is not abated as required, the City of Lodi will abate or cause it to be abated, and the costs thereof shall be immediately due and payable and shall be assessed against this lot and become a lien thereon. A hearing before the City Council to consider objections to said costs will be held on _______, 19___. Said costs can be obtained from the City Clerk ten (10) days before said hearing date.

Said Chapter 15.31 is available in the office of the City Clerk.

Dated and posted:

CITY OF LODI

By:

___________

Public Official

B. Such notice shall be posted in front of or on the front portion of each separately owned parcel according to the last equalized assessment roll then available to the city. In the event that the parcel fronts on two or more streets, one posting shall be sufficient. In the event that such weeds or refuse have not been caused to be removed or destroyed by the city within sixty days after the date notice is posted on the property, a new notification shall first be posted.

(Ord. 1662 § 1 (part), 1998)

In addition to the notice above provided for, the city clerk, within three business days after the posting of such notices on the property, shall send a written notification, through the United States mail, first class, postage prepaid, to the owner of the subject property as shown on the last equalized assessment roll then available to the city, which shall describe the property on which the notice has been posted, by street address, property description, or by reference to a nearby address of other property, or by any other description sufficient to identify the property. Such notice shall thereupon repeat the wording of the notice so posted, including the date thereof and the name of the public official so posting. Notwithstanding the requirements of this section, the failure to send the written notice herein provided for or any defect therein shall not invalidate any proceedings under this chapter.

(Ord. 1662 § 1 (part), 1998)

Any person with an interest in any property on which a notice to destroy weeds and to remove refuse sign has been posted may, within ten days of such posting, request a hearing before the city council with respect to the abatement order. Such request shall be in writing, and shall identify the property and the interest of the person making such request for a hearing. It shall be automatically scheduled for the next regular city council meeting, at which the council shall hear and consider all objections to the abatement order. It shall be the responsibility of the party requesting the hearing to ascertain from the city clerk the date, time and place of the hearing. The hearing may be continued from time to time. By motion or resolution at the conclusion of the hearing, the council shall allow or overrule any objections. The decision of the council shall be final and conclusive, and the burden shall be upon the objecting party to show that the abatement order is improper. In holding such hearing, the council need not adhere to formal rules of evidence. In the event the objections are overruled, the owner and/or occupant will cause such abatement within five days after the date of such hearing or within fourteen days from and after the date such notice was posted, whichever is later, unless a longer period is permitted by the city council in its motion or resolution overruling such objections.

(Ord. 1662 § 1 (part), 1998)

The enforcement officer, and any employees of the city, and any contractors within the city, are authorized to enter upon any lot in the city for the purpose of posting notices under Section 15.31.050, and for the purpose of entering to destroy or remove weeds and to remove refuse.

(Ord. 1662 § 1 (part), 1998)

Each cost so confirmed by the council in accordance with Section 15.31.120 shall be billed forthwith to the property owner of the lot at his or her address as shown by the last equalized county assessment roll then available to the city, or at such other address as may have been furnished to the city by the owner in connection with abatement proceedings, excepting those as to which such council action occurs after July 1st and before August 10th of any year. However, the failure to furnish such bill will not invalidate the lien herein provided. The cost of abatement on each lot shall constitute a special assessment against that lot, and from the date of the council action pursuant to Section 15.31.120 is made a lien upon such lot. To the extend such assessments have not been paid by July 1st of the particular year (whether or not billed to the property owner), a certified copy of all assessment records adopted by the city council and not theretofore forwarded to the county auditor shall be forwarded to him or her on or before August 10th. All such assessments which so constitute a lien shall be collected in the same manner as general city property taxes are collected and shall be contained on the tax bill therefor as prepared and mailed by county officials.

(Ord. 1662 § 1 (part), 1998)

The council may order refunded all or part of an assessment paid pursuant to this chapter if it finds that all or part thereof was erroneously levied. No refund shall be made unless a written claim is filed with the city clerk on or before December 10th of the tax year next following that in which the work resulting in the assessment was purportedly done. The claim shall be verified by the person who paid the assessment, or his or her guardian, executor or administrator, and shall set forth the basis for the claim. The council shall hold a hearing with respect thereto at its next regular meeting scheduled at least ten days after the filing of the claim, or at any adjourned session thereof, and claimant shall not be entitled to special notice thereof. The hearing may be continued from time to time. No refund shall be made of penalties or interest.

(Ord. 1662 § 1 (part), 1998)

The enforcement officer shall keep a record of the cost of abatement on each separate lot wherein the city, or its contractors, abate any nuisance under this chapter. He or shall quarterly submit to the city clerk a written report showing such cost as to each such lot on which such abatement has been completed for at least ten days prior to the filing of such report with the city clerk, but may include the costs of more recent abatements. Such written reports shall be filed with the city clerk no later than January 2nd, April 2nd, July 2nd, and October 2nd of each year.

(Ord. 1662 § 1 (part), 1998)

At the council meeting next regularly scheduled at least eleven days following the date on which such written report is to be filed with the city clerk, or at any adjourned session thereof, the city council shall conduct a hearing with respect to such costs contained in the written report of the enforcement officer. Any property owner or other person interested in a lot as to which a cost is proposed to be assessed may be heard and present such evidence in opposition to the proposed assessment as that person desires. The council shall make its determination to each objection by motion, and, except to the extent that it may uphold any objection in whole or in part, or may decrease or eliminate any assessment on its own motion, shall adopt and confirm the written report of the enforcement officer by motion or resolution. The determination of the council shall be final.

(Ord. 1662 § 1 (part), 1998)

The enforcement officer, upon a written determination filed with the city clerk that weeds or refuse on any private lot constitute an immediate threat to the public health, safety and welfare, may enter or authorize other city employees or its contractors to enter on such private lot and forthwith destroy or remove such weeds and remove such refuse without notice of any nature. The resulting cost shall be payable by the same persons, in the same manner, and shall be a lien upon such lot and collectible as such all as provided in the preceding and succeeding sections of this chapter. Written notice of the hearing to be held pursuant to Section 15.31.20 shall be mailed to the owner of record of such lot as appears from the last equalized county assessment roll then available, by first class mail, at least seven days before the date of such hearing.

(Ord. 1662 § 1 (part), 1998)

Costs of abatement, if done by a contractor, shall be the cost to the city, plus a reasonable amount on account of city's overhead attributable thereto. In the event city crews perform the work, cost and reasonable overhead for city personnel and equipment shall be applied. The city shall, by resolution, adopt labor and equipment rates to be utilized in determining costs when city crews perform the abatement work and a percentage overhead factor to be applied thereto and to contract costs.

(Ord. 1662 § 1 (part), 1998)

Any property found to be maintained in violation of the foregoing section is declared to be a public nuisance and shall be subject to the administrative procedures set forth in Chapter 1.10. The procedures for abatement set forth therein shall not be exclusive, and shall not, in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner.

(Ord. 1778 § 8 (part), 2006)

Nothing in this chapter shall be deemed to prevent the city council from ordering the commencement of a civil proceeding to abate the nuisance pursuant to applicable law or restricting the city from pursuing any other remedy available under applicable law.

(Ord. 1778 § 8 (part), 2006)

Any person who shall violate any of the provisions of this chapter shall be subject to enforcement and penalty provisions set forth in Chapter 1.10 of this code.

(Ord. 1778 § 8 (part), 2006)