Long Beach Municipal Code Ch. 8.56 Weed Removal

Footnotes:

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Note— Prior ordinance history: Prior code §§ 5230—5230.21, 5568.

This Chapter is enacted pursuant to the City Charter and State law for the purpose, among others, of providing a system to keep all privately owned real property within the City free of weeds and debris and providing a system for levy and collection to cover the cost of such removal by the City including incurred enforcement costs.

(Ord. C-7098 § 1, 1993: Ord. C-6104 § 1 (part), 1984)

For the purpose of this Chapter, certain terms used shall have the meaning provided in this Section unless such meaning would be repugnant to the subject matter or the context in which used:

A. "Lot" means a lot, parcel, tract or piece of land, improved or unimproved, in the City, including the sidewalk area abutting or adjoining said lot, parcel, tract or piece of land, and the parkway or area lying between the curbline and the property 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.

B. "Lot cleaning levy" means the charge made by the Building Official for removing weeds or debris from a lot plus all penalties for nonpayment of the charges which have accrued at the time plus any civil penalties that are assessable under the provisions of Section 8.56.210. In the event the owner fails to comply within the time frame established by the Building Official or as modified on appeal by the Board of Examiners, Appeals and Condemnation, the lot cleaning levy shall also include all incidental enforcement costs incurred by the City whether or not the work was performed later by the City, by the owner, or by others, except as provided below. Incidental enforcement costs include, but are not limited to, the actual expenses and costs of the City in investigating the nuisance, obtaining title information, preparing notices, and performing inspections. Incidental enforcement costs shall not be included in the lot cleaning levy for a property owned by a head of a low-income household (defined to be a household earning less than eighty percent (80%) of the County median income).

C. "Weeds" and/or "debris" includes all bushes, vines, trees, grass or other vegetation, whether cultivated or uncultivated, and whether dead or growing, and all refuse and rubbish of any kind or description, or wood, asphalt, concrete and similar materials, or tin cans, parts of machinery, implements and automobiles, any of which cause unpleasant or noxious odors, or which are or may become a refuge or breeding place for insects and vermin, or which conceal or are capable of concealing filth and other unsanitary conditions, or which are, or are capable of becoming, a fire or other hazard to the use and occupancy of neighboring properties, or which obstruct or hinder the use of any public street, sidewalk, alley or way.

(ORD-19-0032 § 2, 2019; Ord. C-7098 § 2, 1993; Ord. C-6104 § 1 (part), 1984)

The existence upon any lot of weeds and/or debris, as defined in this Chapter, is expressly declared to be a public nuisance, and it shall be the duty of both the owner of the lot and any person who may be in possession thereof or who has a right to such possession, to at all times keep such lot clean and free therefrom.

(Ord. C-6104 § 1 (part), 1984)

Whenever the Building Official finds weeds and/or debris on any lot, he shall cause a notice to clean premises to be given to the assessee of the lot as shown upon the current equalized assessment roll, in the manner provided in this Section, and the assessee shall be deemed to be the agent of the owner for the purpose of receiving service of the notice. The notice shall be in substantially the following form:

NOTICE TO CLEAN PREMISES

To _______, as owner of the hereinafter described premises:

Pursuant to the provisions of Chapter 8.56 of the Municipal Code of the City of Long Beach, you are hereby notified to remove from _____ _____

(Description of property)

AKA: _____

(address)

All weeds and/or debris, as defined in said Municipal Code, within fifteen (15) days from the date of this notice. If such weeds and/or debris are not removed within that time, the undersigned will cause it to be removed and the charges for removal, including all incidental enforcement costs incurred by the City, shall become a lien upon your property. Be advised that incidental enforcement costs will become a lien upon your property if the weeds and/or debris are not removed within fifteen (15) days even if you perform the work later.

If you intend to remove such weeds and/or debris on your account, you are required, pursuant to the Long Beach Municipal Code, to obtain from the undersigned a certificate stating that your premises have been satisfactorily cleaned; otherwise he will, if dissatisfied with the manner in which said work has been done, cause the premises to be recleaned at your expense.

If you object to cleaning the weeds and/or debris from your premises you may appeal to the Board of Examiners, Appeals and Condemnation by filing a written notice of appeal in the office of the undersigned within fifteen (15) days from the date of this notice. Failure to appeal shall be construed as your acceptance of the Building Official's determination and any and all remedies provided by the Long Beach Municipal Code.

Dated: _____

_____

Building Official

City of Long Beach

(ORD-26-0004 § 3, 2026; Ord. C-7098 § 3, 1993: Ord. C-6104 § 1 (part), 1984)

The notice to clean premises shall be served upon the person whose name appears on the current equalized assessment roll as the owner of the premises involved. Such service may be made either by personal delivery of the notice or by depositing the same in the United States mail, postage prepaid, as certified, first class mail, return receipt requested, addressed to the owner at the most recent address appearing on the assessment roll, or if no address appears thereon, such service may be made by posting the notice in a conspicuous place upon the property. Proof of the service of the notice shall be made by affidavit of the person affecting the service, and the affidavit shall be sufficient for all purposes.

(Ord. C-6104 § 1 (part), 1984)

A. The Building Official shall serve on the owner who has appealed, a copy of the notice of hearing by certified mail.

B. The notice of hearing shall be served at least ten (10) days before the hearing. Proof of service shall be made by declaration filed with the Board of Examiners, Appeals and Condemnation.

C. Service shall be completed at the time of the deposit of the notice in a receptacle maintained by the United States Postal Service, with postage thereon fully prepaid.

D. "Owner", as used in this Section, means any person so designated on the last equalized assessment roll and also any person having or claiming to have any legal or equitable interest in the premises.

E. The failure of any person to receive such notice shall not affect the validity of any proceedings under this Chapter.

(Ord. C-6104 § 1 (part), 1984)

A. At the time stated in the notice, the Board shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, including City personnel, and interested persons relative to the alleged public nuisance and to the proposed cleaning of the premises. The hearing may be continued without further notice.

B. Upon conclusion of the hearing, the Board shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in this Chapter. If the Board finds that such public nuisance does exist, it shall determine how the nuisance is to be abated and shall establish a time, not to exceed fifteen (15) days, within which cleaning shall take place; and in the event the owner fails to correct the nuisance within the time prescribed, the City shall cause the nuisance to be abated and the cost incurred by the City, including incidental enforcement costs, plus any prescribed penalties, shall become a lien upon the property.

C. A copy of the Board's determination shall be served by mail upon the owner of the affected premises. Service shall be complete at the time of its deposit in a receptacle maintained by the United States Postal Service, with postage thereon fully prepaid.

D. No legal proceeding or action shall lie against the City or any officer, agent or employee of the City, to review or enjoin the enforcement of its determination or orders made pursuant to this Chapter, unless such legal action is commenced within thirty (30) days after the decision of the Board.

(ORD-26-0004 § 4, 2026; Ord. C-7098 § 4, 1993; Ord. C-6104 § 1 (part), 1984)

Every owner served with a notice or order to clean premises, who upon his own account cleans the weeds and/or debris from his lot shall upon completion of the work immediately give written notice thereof to the Building Official. Such notice shall be either delivered or mailed to the office of the Building Official. Upon receipt of such notice the Building Official shall cause the lot to be inspected, and if no weeds and/or debris exist thereon he shall issue to the owner a certificate so stating. If weeds and/or debris still exist on the lot, he shall cause the same to be removed and the cost thereof assessed against the lot as if no such notice was received from the owner.

(Ord. C-6104 § 1 (part), 1984)

If any owner served with a notice to clean premises fails to remove the weeds and/or debris from his lot within the time stated in the notice, or order of the Board of Examiners, Appeals and Condemnation after appeal, he shall be deemed to have consented to such removal by the Building Official who shall thereupon be authorized, and it shall be his duty to enter upon the lot involved and clean the weeds and/or debris therefrom.

(Ord. C-6104 § 1 (part), 1984)

The Building Official shall, after the removal of weeds and/or debris from any lot, compute all expenses so incurred by the City in connection therewith including the applicable processing fees as set forth by City Council resolution and all incidental enforcement costs plus any prescribed penalties. All expenses shall be charged to and become an indebtedness of the owner of such premises, except that incidental enforcement costs shall not be included in the lot cleaning levy for a property owned by a head of a low-income household (defined to be a household earning less than eighty percent (80%) of the County median income).

(Ord. C-7098 § 5, 1993: Ord. C-6104 § 1 (part), 1984)

Upon computing the expenses, the Building Official shall serve upon the owners of all lots cleaned, as said owners are determined from the current assessment roll, and in the same manner as provided for service of the notice to clean premises, a notice to pay lot cleaning levy (sometimes referred to in chapter as notice to pay), which notice shall be in substantially the following form:

NOTICE TO PAY LOT CLEANING LEVY

In accordance with the provisions of Chapter 8.56 of the Long Beach Municipal Code, the Building Official has caused the weeds and/or debris upon _____

_____

(legal) AKA _____

(address)

to be cleaned either at City expense or the work was accomplished by that owner or others after the established deadline.

You are hereby notified that the total cost, including incidental enforcement costs and any prescribed penalties, of _______ are now due and payable to the City of Long Beach.

Section 8.56.120 of the Long Beach Municipal Code provides, in part, that the property owner or any interested person may demand a hearing within fifteen (15) days of this notice before the Board of Examiners, Appeals and Condemnation on the reasonableness of the charges. Such demand shall be in writing, filed with the Building Official and shall describe the property involved, the reasons for objecting, the name, address and interest of the appellant.

If no hearing is demanded, this payment shall become delinquent thirty (30) days from this notice and a lien for said amount, plus a fee for preparation of the lien, shall be attached to the affected property and thereafter bear interest at the rate of twelve percent (12%) per annum until paid. An additional fee will be incurred in the event that payment is not received before the end of the fiscal year (June 30) and transfer of collection to the City Treasurer becomes necessary.

(Ord. C-7098 § 6, 1993: Ord. C-6104 § 1 (part), 1984)

Within fifteen (15) days from the date of the notice to pay, the property owner, or any interested person, may demand a hearing as to the reasonableness of such charges. Such demand shall be in writing and filed with the Building Official. It shall describe the property involved, state the reasons for objecting, and include the address of the applicant for service of notices in connection with such hearing. The Building Official shall thereupon set a date for hearing such protest by the Board of Examiners, Appeals and Condemnation within a reasonable time. The Building Official shall send written notice of such hearing in the manner provided in Section 8.56.060. At the time set for such hearing, the Board shall hear all evidence pertinent to the reasonableness of such charges and shall then either confirm or modify the charges. The decision of the Board shall be final, and the Building Official shall give notice to the parties affected in the manner provided in Section 8.56.070.

(Ord. C-6104 § 1 (part), 1984)

If the amount of the charges as determined by the Board of Examiners, Appeals and Condemnation has not been paid within thirty (30) days of its decision, the payment shall thereupon become delinquent and a lien against the real property and the amount so determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid. If no hearing is demanded as to the reasonableness of the charges, the payment shall become delinquent and a lien against the real property thirty (30) days after the notice of the charges for abatement is served by the Building Official; and such amount shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid.

(Ord. C-6104 § 1 (part), 1984)

The Building Official shall certify a list of all delinquent charges for lot cleaning or nuisance abatement to the City Treasurer who shall submit the list to the City Council for confirmation. Each parcel of property shall be described sufficiently to identify it in accordance with the records of the County Tax Collector. The amount of the charges including such interest as has accrued after the delinquent date to July 1st of the year shall be set forth opposite the description by the City Treasurer.

(Ord. C-6104 § 1 (part), 1984)

Upon receipt of the list, the County Tax Collector shall enter the charges shown thereon for each parcel of property upon the current tax roll and shall proceed to collect the charges in the same manner as ad valorem taxes, and penalties and interest for nonpayment thereafter shall attach as though the amounts were ad valorem taxes; provided, however, that no receipt for payment of ad valorem taxes appearing upon the tax roll as against a particular parcel shall be issued unless all such charges for collection for lot cleaning, correction of substandard conditions or nuisance abatement, and penalties thereon, entered upon that tax roll against the lot are first paid in full.

(Ord. C-6104 § 1(part), 1984)

Upon the sale of any lot to the State for nonpayment of taxes, all charges for lot cleaning, correction of substandard conditions or nuisance abatement for the parcel appearing upon the tax roll, together with the penalties thereon, shall be added to and become a part of the same delinquent tax record.

(Ord. C-6104 § 1 (part), 1984)

No certificate of redemption from sale for delinquent taxes shall be issued until all charges for lot cleaning, correction of substandard conditions and nuisance abatement, and penalties entered on the delinquent tax records against the property involved, have first been paid in full.

(Ord. C-6104 § 1 (part), 1984)

A. The Building Official may, prior to certifying any such unpaid charges to the City Treasurer, correct any errors with respect to such levies appearing upon his records.

B. After such levies have been certified to the City Treasurer and confirmed by the City Council, the Council, by order entered on its minutes, may cancel any charges for lot cleaning, correction of substandard conditions or nuisance abatement, or penalty, or any portion of either thereof, appearing on the tax records, which, because of error, is charged against the wrong property, or which has been paid but such payment has not been recorded upon the tax records, or which is based upon a clerical error in such records, or which was charged against property acquired subsequent to the lien date by the United States, by the State, or any City, or any school district or other political subdivision and, because of this public ownership, not subject to sale for delinquent assessments.

(Ord. C-6104 § 1 (part), 1984)

No person as owner, lessee, or agent or person in possession of any property within the City shall allow a public nuisance, as defined in Section 8.56.030, to exist within the City, or refuse to allow the Building Official to enter upon any property during the hours of daylight where any such nuisance exists, for the purpose of inspecting or abating same, after notice has been given as provided in Section 8.56.040, or after appeal is concluded or time for appeal has expired, or interfere with the Building Official in any manner whatsoever in the abating of the nuisance.

(Ord. C-6104 § 1 (part), 1984)

A. The Building Official may post a "no dumping" sign on any public or private property if he finds that such property has been repeatedly subjected to dumping in violation of Section 374b of the Penal Code.

B. The sign shall read:

NO DUMPING (Penal Code Section 374b)

Violators Will Be Prosecuted

In addition, the sign shall contain an appropriate City telephone number designated by the Building Official.

(Ord. C-6407 § 1, 1987)

If the Building Official finds that the City had previously removed weeds from the same property after notice to the same owner, he shall assess a civil penalty based on the following schedule when weeds are again removed by the City:

Civil penalty: for previous removal of weeds by the City once within the preceding five (5) years—fifty percent (50%) of the City's administrative cost for removal including processing fees; for previous removal by the City two (2) or more times within the preceding five (5) years—one hundred percent (100%) of the City's administrative cost for removal including processing fees.

The City will give notice of this civil penalty to all property owners when weed abatement procedures are instituted against their properties.

The imposition of this civil penalty may be appealed to the Board of Examiners, Appeals and Condemnation, as provided in Section 8.56.120.

The civil penalty constitutes a debt of the person charged to the City of Long Beach and is collectible by the City as an obligation or liability created by statute.

(Ord. C-6498 § 1, 1988)