Loyalton Municipal Code Ch. 6.20 Weeds and Rubbish

All weeds, rubbish, and uncontrolled vegetation growth of any kind, on private property or in any street or alley or public right of way, in the City shall constitute a public nuisance.

Every property owner, lessee, or occupant of buildings, grounds or lots, shall destroy or remove weeds, rubbish, and/or uncontrolled vegetation growths from the property, buildings, grounds, or lots and from the half of the street, alley, or public right of way on which the property abuts, in accordance with the procedures prescribed in this chapter.

For the purposes of this chapter, the following definition shall apply:

(1) “Weeds” includes any of the following: (a) Weed which bear seeds of downy or wingy nature. (b) Any brush or weeds which attain such large growth as to become, when dry, a fire menace. (c) Weeds which are otherwise noxious or dangerous. (d) Dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard. (2) “Rubbish” includes all wastepaper, wood, cardboard, abandoned cars, or other flammable material of any kind which endangers the public safety. (3) “Uncontrolled vegetation growth” includes any excessive or coarse growths of weeds or other plant forms natural or cultivated, which at maturity reach exceptionally tall or luxuriant size or which have a highly offensive odor.

Whenever any weeds, rubbish, and/or uncontrolled vegetation growths are growing, located or existing on any property within the City, the Council shall by resolution declare the same to be a public nuisance.
A City employee shall give notice of the resolution as herein provided, stating that, unless such nuisance be abated within ten days by the destruction or removal of the weeds, rubbish, and/or uncontrolled vegetation growths, the nuisance will be abated by the City and the expenses thereof added to the following month’s water and sewer bill.

The Council may direct a City employee to: (1) Cause notices to be conspicuously posted on or in front of the property in connection with which the nuisance exists. If this procedure is utilized, he shall post: (a) One notice to each separately owned parcel of property of not over 50 feet of frontage. (b) Not more than two notices to any such parcel of 100 feet frontage or less. (c) Notices of not more than 100 feet apart if the frontage of such parcel is greater than 100 feet. The heading of any such notices shall be “Notice to Destroy Weeds and Remove Uncontrolled Vegetation Growths” in letters of not less than one (1) inch in height. and/or (2) Give written notices to any property owners where the nuisances exist, that upon failure to remove or destroy such weeds, rubbish and uncontrolled vegetation growths within a period of thirty (30) days, the nuisance will be abated by the City and the expenses thereof billed to the property owner on the following month’s water and sewer bill. The amount due shall constitute a lien on such property until paid.

Upon confirmation of a report and assessment list, the City Clerk shall transmit a certified copy of the resolution, report and list to the County Tax Collector for entry upon and collection with the next tax roll upon which general municipal taxes are collected. Thereafter, such amounts shall be collected at the same time and in the same manner as general taxes are collected and shall be subject to the same interest and penalties and the same procedure and sale in case of delinquency.

The notice specified in sections 6.20.030 and 6.20.040, (2) shall be substantially in the following form:

“Notice to Abate Public Nuisance by the Removal of Weeds, Rubbish and Uncontrolled Vegetation Growths”

“On________________, 19_____, pursuant to the provisions of sections 6.20.010, 6.20.020, and 6.20.030 as specified herein, the Council of the City of Loyalton passed a resolution declaring that all weeds, rubbish and uncontrolled vegetation growths as defined in section 6.20.020 of said chapter, of any kind on private property, or in any street or alley abutting any property constitute a public nuisance which must be abated by the destruction or removal thereof.”

“All property owners, lessees, or occupants of buildings, grounds, or lots shall, without delay, destroy or remove all such weeds, rubbish, and uncontrolled vegetation growths from their property and half of the abutting street and alley, if any, between lot lines, as extended, or such weeds, rubbish, and uncontrolled vegetation growths will be destroyed or removed and such cost of destruction or removal will be added to the following month’s water and sewer bill.”

“All property owners having objections to the proposed abatement of the nuisance are hereby notified to attend a meeting of the Council of the City of Loyalton to be held on _____________,

19_____, at ________ o’clock __.m., when and where all objections will be heard and given due consideration.” “Dated the _______ day of _______, 19.”

City Engineer

At the time and place stated in the notice, the council shall hear and consider any and all objections of the proposed abatement of the nuisance. Upon the conclusion of the hearings the Council shall allow or over rule any or all objections, after which the Council shall be deemed to have acquired jurisdiction to perform the work of abating the nuisance by the destruction or removal of the weeds, rubbish, and uncontrolled growths. The decision of the Council shall be final and conclusive.

After final action shall have been taken by the Council on the disposition of all objections, or in case no objections shall have been received and the Council shall have ordered the street commissioner to abate the nuisance, or cause it to be abated, by having the weeds, rubbish, and uncontrolled growths destroyed or removed, the street commissioner, his deputies, assistants, employees, contracting agencies, or other representatives are hereby expressly authorized to enter upon private property for that purpose. Any property owner, lessee, or occupant shall have the right to destroy or remove the weeds, rubbish, and uncontrolled growths himself, or to have the same destroyed or removed at his own expense, provided that the nuisance shall be abated prior to the arrival of the street commissioner or his authorized assistant, or representative. However, it shall be unlawful for any property owner, or other person, to burn, or attempt to burn, any such weeds without first having obtained written permission to do so from the Chief of the Fire Department and complying fully with all state and local regulations pertinent to burning. Any person destroying or removing weeds, rubbish, and uncontrolled growths pursuant to the provisions of this section, shall notify the street commissioner within 48 hours of the removal or destruction. In such cases where necessary and with the approval of the street commissioner, appropriate adjustments shall be made on wood abatement billing against the person in question.