Lomita Municipal Code Ch. 4 Litter and Weed Control

This chapter shall be known and may be cited as the "Anti-Litter and Weed Control Ordinance."

(Ord. No. 267, § 1, 11-7-77)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context indicates that a different meaning is intended:

(a) Aircraft means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.

(b) Authorized private receptacle means a litter storage and collection receptacle as required and authorized by Chapter 3 of this title.

(c) Commercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, booklet, paper, or any other printed or otherwise original and copies of any matter of literature:

(1) Which advertises for sale any merchandise, product, commodity or thing; or

(2) Which directs attention to any business or mercantile or commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interest by sales; or

(3) Which directs attention to or advertises any meeting, theatrical performance or exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required by any law of this state, or under any provision of this Code; or

(4) Which, while containing reading matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for private benefit and gain of any person so engaged as advertiser or distributor.

(d) Garbage shall have the same meaning as defined in Chapter 3 of this title.

(e) Litter means "garbage," "refuse" and "rubbish" as defined herein and in Chapter 3 of this title and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. Litter shall also mean those heavy or bulky objects as defined in section 5-3.19 of this Code.

(f) Lot, when used hereinafter, means a lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining said lot, parcel, tract or piece of land, and the parkways or areas lying between the curbline and the street line of the adjoining or abutting lot bounded on the sides by the prolongation in a straight line of the side lines of the lot in front of which such parkway or area exists.

(g) Newspaper means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any newspaper, periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public by subscription.

(h) Noncommercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

(i) Park means a park, reservation, playground, beach, recreation center or any public area owned or used by the city and devoted to active or passive recreation.

(j) Private premises means any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.

(k) Public place means any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.

(l) Refuse shall have the same meaning as defined in Chapter 3 of this title.

(m) Rubbish shall have the same meaning as defined in Chapter 3 of this title.

(n) Street line means the boundary line between a public street right-of-way and an abutting lot or parcel of land, or between a private street open to public use and an abutting lot or parcel of land.

(o) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

(Ord. No. 267, § 1, 11-7-77)

No person shall deposit, or cause to be deposited, or place, or cause to be placed, or leave, or permit to be or remain, upon any public thoroughfare or vacant lot, any garbage, swill, cans, bottles, papers, ashes, refuse, or carcass of any dead animal, offal, trash or rubbish, or any unwholesome, nauseous or offensive matter.

(Ord. No. 267, § 1, 11-7-77)

No person shall throw or deposit litter in or upon any street, sidewalk or other public place, except in public receptacles, in authorized private receptacles for collection, or in official city dumps. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

(Ord. No. 267, § 1, 11-7-77)

(a) No person shall deposit, drop, dump, drain, place, throw or run, or cause or permit to be deposited, dropped, dumped, drained, placed, thrown or run, into or upon any public road, highway, street, alley, drainage ditch, storm drain or flood control channel, including any portion of the right-of-way thereof, any offensive or noxious substance, including, but not limited to, bottles, cans, garbage, glass, plaster, nails, paper, mud, paint, sand, oil, petroleum products, building material residue or concrete residue.

(b) Any person who violates the provisions of subdivision (a) hereof shall immediately remove such noxious or offensive substance or cause same to be removed. If such person fails to comply with this provision, the superintendent of streets may remove and dispose of such material. The city may thereafter maintain an action in the appropriate court against such person to recover the cost of removing and disposing of such material.

(Ord. No. 267, § 1, 11-7-77)

(a) No person shall sweep into or deposit in any gutter, street or other public place, the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

(b) No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place, the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of litter.

(Ord. No. 267, § 1, 11-7-77; Ord. No. 401, § 1, 6-16-86; Ord. No. 539, § 1, 2-6-95)

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place, or upon private property.

(Ord. No. 267, § 1, 11-7-77)

No person shall drive or move any truck or other vehicle unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck, the wheels or tires of which carry onto or deposit in any street or other public place sticky substances, litter or foreign matter of any kind.

(Ord. No. 267, § 1, 11-7-77)

No person shall throw or deposit litter in any park except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park, or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

(Ord. No. 267, § 1, 11-7-77)

(a) In public places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk or other public place, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place, for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.

(b) On vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful, in any public place, for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

(c) On uninhabited or vacant premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(d) On posted property. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises, in a conspicuous position near the entrance thereof, a sign bearing the words "NO TRESPASSING," "NO PEDDLER OR AGENTS," "NO ADVERTISEMENT," or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.

(e) At inhabited private premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted as provided in this section, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.

Exemption for Mail and Newspapers. The provisions of this subsection shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein).

(Ord. No. 267, § 1, 11-7-77)

Cross reference— License fee for advertising by means of handbills, § 6-5.03.10(b).

No person in an aircraft shall throw out, drop or deposit any litter, handbill or any other object.

(Ord. No. 267, § 1, 11-7-77)

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law, or upon any private structure or building, without the consent of the owner or person in control thereof.

(Ord. No. 267, § 1, 11-7-77)

No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

(Ord. No. 267, § 1, 11-7-77)

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection, or within any building when not in violation of any health, fire, building or other regulation, order, ordinance, statute, or any provision of this Code.

(Ord. No. 267, § 1, 11-7-77)

No person shall throw or deposit litter on any open or vacant private property whether owned by such person or not.

(Ord. No. 267, § 1, 11-7-77)

(a) Notice to remove. The city manager or any other city officer designated by the city council to act hereunder, is hereby authorized and empowered to notify the owner, or person shown as the owner upon the last equalized tax assessment roll, of any open or vacant private property, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be [served by] registered or certified mail, addressed to said owner at his last known address, or at the address shown upon the last equalized tax assessment roll. A copy of said notice shall also be posted on the premises or in front thereof.

(b) Action upon noncompliance. Upon the failure, neglect or refusal of any owner, person or agent, so notified, to properly dispose of such litter dangerous to the public health, safety or welfare within ten (10) days after receipt of the written notice provided for in subsection (a) above, or within twenty (20) days after the date of such notice, in the event the same is returned to the city post office department because of its inability to make delivery thereof, provided the same was properly addressed as herein specified, the city manager or other designated city officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the city. Thereafter proceeding for the collection of the cost thereof shall be in accordance with section 5-4.22(b) of this Code.

(Ord. No. 267, § 1, 11-7-77; Ord. No. 699, § 1, 4-2-07)

No person, owning or having charge or control or occupancy of any lot or private premises, shall allow grass or weeds to accumulate or grow upon an abutting paved sidewalk area above its established grade or upon any part of said sidewalk area from curb to street line; provided, however, that nothing herein contained shall be construed to require the removal from the borders of any sidewalk of any ornamental plant, lawn, shrub or tree of a reasonable growth, provided that the same are not, in the opinion of the street superintendent, obstructions to the free use of such sidewalk by pedestrians.

(Ord. No. 267, § 1, 11-7-77)

(a) No person, owning or having control or charge or occupancy of any lot or private premises, shall allow weeds, vines, shrubs or brush which bear seeds of a wingy or downy nature, or which attain such large growth as to become a fire menace when dry, or which contain poisonous oils, or which are otherwise noxious or dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises. No person shall sow or disseminate, or allow or permit to mature, or sell or in any manner transfer, transport or convey any seed of any noxious weed.

(b) No person owning, managing or having charge or control of or occupancy of any lot or private premises shall suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of twelve (12) inches above the grade in the area of growth. It is the duty of every such person to prevent such growth or existence.

(c) In any prosecution for violation of this section, it shall not be necessary to establish any facts excepting that the person accused owned, managed or had charge, control or occupancy of a lot or private premises whereon such condition existed, to establish the guilt of such person.

(Ord. No. 267, § 1, 11-7-77)

(a) [Required.] If and when it shall appear that weeds, vines, shrubs or brush, grass or litter have been placed upon or are upon or in front of private property in violation of any of the provisions of this chapter or of any other provision of this Code, the city manager may, by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush or litter must be removed within seven (7) days from and after the date of such posting. The city clerk shall also send a similar notice to the owner of the subject property as shown upon any city record or upon the last equalized tax roll, whichever he shall determine to be the best means for reaching the actual owner, through the United States mail, but the failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this chapter. Such notice shall be mailed not less than ten (10) days prior to the date set for a hearing upon objections as provided in section 5-4.20 of this Code.

(b) [Posting.] Such notices shall be conspicuously posted on or in front of the property on or in front of which the nuisance exists as follows:

(1) One notice shall be posted on or in front of each separately owned parcel;

(2) Not more than two (2) notices to any such parcel of fifty (50) to one hundred (100) foot frontage are required;

(3) Notices shall be placed at intervals of not more than one hundred (100) feet if the frontage of a parcel is greater than one hundred (100) feet, with one notice for each one hundred (100) feet of frontage.

(c) Form. The heading of the notice shall be "NOTICE TO DESTROY WEEDS AND RANK GROWTHS AND TO REMOVE OVERSIZE GROWTHS OR LITTER" in letters not less than one inch in height. The notice shall be substantially in the following form:

"Notice is hereby given that, pursuant to Chapter 4 of the Lomita Municipal Code, providing for the elimination of weeds, vines, brush, shrubs or litter growing upon or accumulated upon or in front of this property, and obstructing the use of sidewalks, parkings or streets, or dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity, you are notified that the following conditions exist upon this property in violation of law, to wit:

(Description of area and conditions)

"The property to which this notice applies is the following:

(Description of property by tax description, street address, lot number, parcel number or other description sufficient to identify the premises)

"Said conditions subject the owners, managers or persons having charge, control or occupancy thereof to fine and imprisonment. In addition, such conditions constitute a public nuisance which must be abated by the removal thereof, or the cutting of oversize growths. Otherwise, such conditions will be corrected and the nuisance abated by the city, and the cost of removal assessed upon the land from or in front of which the same are removed and will constitute a lien upon such land until paid. Reference is hereby made to Chapter 4 of Title V of the Lomita Municipal Code above referred to for further particulars. A copy of said code is on file in the office of the city clerk, city hall, Lomita, California.

"All property owners having any objections to the proposed removal of said weeds, rubbish, refuse, dirt, rank growths or other material dangerous or injurious to neighboring property as aforesaid, are hereby notified to file a written statement of such objections, specifying the address or description of the property concerned, the reasons for objections, the name, address, phone number (if any), and status (owner, manager, lessee, tenant or other) of the objector, which statement shall be filed with the city clerk not later than the _______ day of _______, 19___, a date not more than five (5) days after posting of this notice.

"Upon receipt of such written statement, the city clerk will set such matter upon the agenda of the city council and objectors will be notified by mail of time and place of the meeting at which the city council will hear and consider such objections. Such meeting shall be not sooner than three (3) days after the mailing of such notices."

(Ord. No. 267, § 1, 11-7-77; Ord. No. 699, § 1, 4-2-07)

At the time and place stated in the notices mailed by the city clerk, the council shall hear and consider all objections to the proposed removal or correction of said public nuisance or conditions. It may continue the hearing 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 need not depend upon any particular evidence, showing or findings.

(Ord. No. 267, § 1, 11-7-77)

(a) At the conclusion of said hearing, the council may order the city manager or other city officer to abate said nuisance by entering upon private property to abate and remove the same.

(b) The city officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of mailing, said officer will abate the same and will, if necessary, enter upon or into the private property of said person without further notice or liability therefor in order to abate said nuisance.

(Ord. No. 267, § 1, 11-7-77; Ord. No. 699, § 1, 4-2-07)

(a) [Action by city upon noncompliance.] The city manager, or other designated city officer, may enter upon any private property and abate any nuisance found thereon, or in front thereof, more than seven (7) days after notice to abate such nuisance has been posted as required by this chapter, if no person has filed a written statement of objections as herein provided within five (5) days thereafter; in the event objections have been duly filed and overruled by the city council, such officer may enter upon any private property and abate any nuisance found thereon, or in front thereof, in accordance with the order of the city.

(b) [Itemized written report of cost; confirmation by council.] Said officer shall keep an account of the cost of abatement in front of or on each separate lot or parcel of land where the work is done by him. He shall submit to the city council for confirmation an itemized written report showing such cost. The city clerk shall send a notice to the owner of the subject property as shown upon any city record or upon the last equalized tax roll, whichever he shall determine to be the best means for reaching the actual owner, through the United States mail, showing the cost of abatement on each separate lot or parcel of land of such owner and designating the time fixed for receiving and considering by the city council of said report and for the hearing upon objections to it. The failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this chapter, nor shall it invalidate the assessment against the subject property. A copy of the report shall be posted for at least three (3) days prior to its submission to the council on or near the council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the council shall hear it and shall hear any objections of the property owners liable to be assessed for the abatement. The council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution.

(c) [Confirmed assessment constitutes lien against lot or parcel.] The cost of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed, it is a lien on the lot or parcel.

(d) [Collection.] After confirmation of a report, a certified copy of the same shall be filed with the county auditor on or before August 10. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite 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 procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment taxes.

The city officer designated by the council shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report, prior to August 1st of the current year.

(Ord. No. 267, § 1, 11-7-77; Ord. No. 699, § 1, 4-2-07)

(a) Any assessment erroneously made may be canceled or reduced so as to correct such error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure:

(1) A claim of error may be filed with the city clerk at any time before the expiration of one year following April 10 of the tax year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the city clerk, and shall be verified.

(2) Any claim filed shall be forwarded to the city manager for review. If the city manager shall determine that such assessment was erroneously made, in whole or in part, he shall direct the county auditor-controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the city manager shall be authority for the auditor-controller to so correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person who paid the same by the city treasurer. In lieu of proof otherwise, the city manager may presume that the person or persons to whom the litter tax was assessed was the person or persons who paid the same.

(3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty (60) days after the filing of the same, or whose claim is denied, in whole or in part, in writing, by the city manager, may, within ten (10) days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the city council, by written letter filed with the city clerk.

(4) The city council shall consider such disputed assessment at an open meeting, upon reasonable notice to the claimant, and shall afford the claimant an opportunity to be heard. If the city council shall find the disputed assessment to be erroneous in whole or in part, it may direct the city treasurer to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds.

(5) Not later than thirty (30) days after the correction of any assessment or refund of any monies hereunder, except by direction of the city council, the city manager shall transmit to the city council a report of such action.

(b) Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by section 5-4.22(b), relating to the work for which such erroneous assessment was levied, may be prepared by the officer who prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment rolls. In all other respects, section 5-4.22(b) through (d) shall apply to such corrected assessment, except that the time for doing all things therein specified shall relate from the date of confirmation of the corrected assessment.

(Ord. No. 267, § 1, 11-7-77; Ord. No. 699, § 1, 4-2-07)

Violation of this chapter is hereby declared to be a public nuisance which may be abated as provided in Part 3 of Division 4 of the Civil Code of the state and in Chapter 2 of Part 2 of the Code of Civil Procedure of the state, which remedy shall be in addition to any other remedy provided in this chapter or by state law, including section 372 of the Penal Code of the state.

(Ord. No. 267, § 1, 11-7-77)