Madera Municipal Code Ch. 3-15 Weed Abatement Regulations

Section

Editor’s note:

This chapter was adopted on 4-1-09 by Ord. 856 C.S. and repealed and replaced by Ord. 913 C.S., passed 1-7-15.

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

ABATE AND/OR ABATEMENT. An act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance, including but not limited to the removal of combustible growth and material from property. This would include the investigation, inspection, preparation, service and/or publication or administrative notices and other related costs, actual removal of weeds and/or rubbish whether performed by the City Administrator, or his or her designee.

BRUSH. All natural growth of bushes and vegetation such as is growing out of place in the location where growing and is exceeding six inches in height, and shall include all cuttings from trees and bushes, overhanging tree branches or limbs which hang down to a height of six inches or lower from the ground, and high and rank growth, which may conceal filthy deposits or otherwise unsanitary conditions which cause blight.

DIRT. Any accumulation of earth, dirt, soil, and/or other pertinent materials which constitute a hazard to the public health or safety, or may cause erosion and/or drainage problems.

FIREBREAK. An area without weeds, growth, or combustible material that supports or communicates fire. Firebreaks are constructed by thorough discing, scraping the soil or by otherwise creating a perimeter safe of burn. This includes any real property, or portion thereof, adjacent to any residential property, or property that is residential in nature.

LOCATION OF GROWTH. All growths of weeds, rubbish, brush, rank growths, and/or others, both natural and cultivated, on any property as defined hereinabove, and on areas which includes alleys, parkways, driveways, sidewalks and areas between sidewalks and curbs, shall be caused to be removed or abated.

MOWING OF WEEDS AND/OR GROWTHS. This shall include the use of equipment and/or tools that cause for the trimming or cutting of clippings from weeds and/or growths, and shall include the removal of any such clippings.

NEGATIVE AESTHETICS. Conditions that include, but not limited to, weed, rubbish, brush, rank growths, and/or any other materials which deter investment opportunities or depreciate the value of any real property, and/or which constitute a public nuisance as set forth in § 10-3.1603 of this code. This shall include maintenance standards of a property that do not conform to the neighborhood standard.

NEIGHBORHOOD STANDARDS. Those conditions present on a simple majority of properties within a 300-foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned or unmaintained property within the 300-foot radius, shall not be counted toward the simple majority.

PROPERTY. Any unimproved or improved real property or portion thereof, situated in the city not inclusive of the buildings and structures located on the property regardless of condition. This shall include but is not limited to:

(1) Any residential property, or portion thereof situated in the city, intended, designed or permitted to be used for dwelling purposes, but does not include the buildings and structures located on such real property. This includes those which are residential in nature.

(2) Any improved or unimproved parcels of land within the City of Madera.

RANK GROWTH. Any excessive or coarse growth of weeds or other plant forms, natural or cultivated, which reach heights in excess of six inches, or which have an offensive or strong odor.

RUBBISH. Means all combustible or noncombustible waste, including, without limitation, waste paper, wood, cardboard, ashes, bottles, cans, carcasses of dead animals, cloth, crockery, human or animal excrement, glass, abandoned or unusable household furnishings or appliances, metals, plastics, flammable material of any kind, waste building materials or items disregarded in such a manner as to produce a reasonable likelihood of becoming a harborage for insects or vermin, or disease, or otherwise pose a health or safety hazard.

WEEDS. All grasses, or noxious weeds as defined in the Cal. Food and Agriculture Code § 5004, or plant growth which exceeds six inches in height and is not regularly cultivated or maintained for foodstuffs or ornamental purposes which, when or if dry, create a fire hazard. This shall without limitation include the following:

(1) Weeds that are, no matter their current state, unsightly, useless, troublesome or injurious herbaceous plant or such plant that is out of place at the location where growing;

(2) Weeds which attain such large or noxious growth as to become, when dry, a fire menace, are disruptive or cause a nuisance to adjacent property;

(3) Poison oak and poison ivy when the conditions of growth are such to constitute a menace to the public health; and/or may cause blight;

(4) Those which are otherwise recognized as nocuous or dangerous;

(5) Weeds which may produce pollen which is injurious to the health, safety, comfort, or welfare of the residents of the city or weeds which are otherwise subject to abatement by law.

(Ord. 913 C.S., passed 1-7-15)

The purpose of this chapter is to protect citizens and residential neighborhoods of the city. The chapter is essential for maintaining the city healthy, clean, and safe from any pernicious, natural and/or unnatural materials, including without limitations weeds, rubbish, dirt, and/or brush which constitute a public nuisance.

(Ord. 913 C.S., passed 1-7-15)

(A) Parcels five acres or less. These properties constitute the majority vacant land type-size within the corporate limit of the city, tend to be situated in areas abutting residential and commercial real properties, and, in consequence, have greater propensity to cause damage, or threaten lives and properties. As such, total mowing and/or removal of weed, brush, rubbish, rank growths and/or other hazardous debris is required. Any such items must be properly disposed of in accordance with Chapter 3 of Title V of this code.

(B) Parcels greater than five acres. These are large, vacant properties typically situated on the periphery or outskirts of the city, or adjacent to areas which are non-residential in nature. The location of such properties and the danger they constitute shall restrict them to the following:

(1) A fire break of minimum 30 feet in width shall be maintained around the perimeter of the property;

(2) Removal of weed clippings, rank growths, brush, any debris, any rubbish, and/or other hazardous material is required;

(3) Any such items must be properly disposed of in accordance with Chapter 3 of Title V of this code;

(4) A separation or firebreak of minimum 100 feet in width shall be created and maintained surrounding any structure which is constructed of any combustible material(s) within the property;

(5) Any outdoor storage of any material(s) or equipment(s) must be in accordance with Chapter 3 of Title X of this code.

(Ord. 913 C.S., passed 1-7-15)

The City Administrator, or his or her designee shall make a periodic unscheduled survey of all improved and unimproved real property within the corporate limits of the city and determine the existence of any violation(s) of this chapter, and shall prepare a list of the owners thereof based on the most recent County Assessor Office's records.

(Ord. 913 C.S., passed 1-7-15)

The owner, lessee, occupant or responsible party, of any parcel or real property within city limits, upon being issued a notice of violation of any code hereof, shall be required to abate the violation at his or her own expense, or have it abated by his or her authorized designee, within the time period stipulated in the notice of violation. Such abatement shall be performed pursuant to the corrective actions provided in the notice and of all the codes of the city. Any party performing abatement under this chapter shall refrain from burning, or attempt to burn, any such weeds or other materials without the acquisition of a written permission from the City Administrator, or his or her designee. Any party performing abatement under this chapter shall refrain from burying or any attempt to bury any trash, rubbish or debris found at or on the property. The following shall be applied:

(A) All weeds, dirt, rubbish, brush, and rank growth of any kind, on private property or in any street, alley, or public right-of-way in the city, shall constitute a public nuisance, and shall be removed from the property, buildings, grounds of lots and from the half-way point of the street, alley or any other public right-of-way on which the property abuts, in accordance with the procedures set forth in this chapter.

(B) If after the expiration of the time period provided to correct the violation and the owner has not corrected the violation, the City Council may thereafter direct the City Administrator, or his or her designee, to abate the violation(s) at the sole expense and responsibility of the property owner.

(Ord. 913 C.S., passed 1-7-15)

(A) Upon receipt of a Notice of Violation, it shall be the duty of every owner, occupant, and person in control of any improved or unimproved real property, or interest therein, to abate therefrom, and from all adjoining public right-of-ways, all combustible material and hazardous vegetation that constitute a public nuisance, fire and health hazard, or which may endanger or damage neighboring property. The removal of such vegetative materials shall be completed within the time period stipulated in the Notice of Violation, and if property owner fails to address the violation in a timely manner as ordered in the notice, the City Administrator, or his or her designee, shall thereafter have the authority to seek legal right to abate the violations at the sole expense and responsibility of the property owner.

(B) Publication and form of notice: the notice declaring the conditions found on a particular property to be a public nuisance under the preceding subsection shall contain:

(1) A specific description of the property shall be set forth in the notice. The description shall include an assessor's parcel number, address and/or approximate description of the location of such property.

(2) The notice shall include substantially the following text:

“Notice is hereby given that:

An inspection of your property was conducted on and the following violations of the Madera Municipal Code were identified: . Corrective actions include but are not limited to .” If compliance is met prior to the time period stated in this notice, then you may disregard the hearing notice herein below.

“In order to avoid fines, penalties or otherwise accruing any costs associated with this violation(s), please cause the violation(s) listed above to be fully corrected on or before .”

“All property owners having objections to the proposed abatement of the nuisances are hereby notified to attend the public hearing to be held on , at , at , where and when all objections will be heard and given due consideration.”

“If the violation is abated by the property owner within the time period provided herein, you may thereafter disregard this notice, and the case will be closed after re-inspection by the city accordingly. However, in the event the violation is left unabated, the City of Madera, after acquiring the approval of the City Council will thereof possess the authority to abate the violation at the sole expense and responsibility of the property owner.

Dated: Signed: ”

(3) The City Administrator of the City of Madera, or his or her designee, will file a report and assessment list on abatement of weeds, dirt, brush, rubbish and rank growth with the City Clerk and a copy posted at the entrance to the City Hall, 205 W. 4th St., Madera. California.

(4) The property list will be presented to the City Council in the Council Chambers of the City Hall for consideration and confirmation, and that any and all persons interested, having any objections to said report or list, or to any matter or item contained therein, may appear at said time and place and be heard.

(C) Provide no less than 45 days for correction of the violation as set forth on the notice.

(D) Public hearing. At the time and place stated in the Notice of Violation, the City Council shall hear and consider any and/or all objections of the proposed abatement of the nuisance. Upon the conclusion of the hearing, the council shall provide findings on the matter, 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, dirt, brush, rubbish or rank growths and authorize the City Administrator, or his or her designee, to conduct such abatement. The decision of the Council shall be final and conclusive.

(E) Notice. Written notice of proposed abatement to be conducted pursuant to this chapter shall be mailed to all persons who own property, having conditions as described in this chapter. Any such notice shall be sent through the United States Postal Service first class mail to the address on record.

(F) Notwithstanding the requirement in division (E), the City Administrator, or his or her designee, may 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 or she shall at minimum post:

(1) One notice to each separately owned parcel of property with 100 feet of frontage, or less.

(2) Notices of not more than 50 feet apart if the frontage of such a parcel is greater than 100 feet.

(Ord. 913 C.S., passed 1-7-15)

After the public hearing has been conducted, the City Council shall have authorized the City Administrator, or his or her designee, to abate the nuisance or cause it to be abated by having the weeds, dirt, brush, rubbish or rank growth destroyed or removed. No person shall interfere with the entry of the City Administrator, or his or her designee, acting in the official course and scope of his or her duty.

(Ord. 913 C.S., passed 1-7-15)

(A) Properties found in violation of this chapter and issued a Notice of Violation, shall be assessed an administrative fee as shown on the city's master fee schedule, that must be fully paid aside of any fines and penalties related to the abatement of violations of this chapter.

(B) Report to City Council. The City Administrator, or his or her designee, shall keep an account of the cost of abating the nuisance of weeds, dirt, brush, rubbish or rank growths ordered to be abated under this chapter upon each separate lot or property, and the abutting half of the street in front, sidewalk(s) and alley, if any, adjacent thereto. It shall be filed with the City Clerk and submitted to the City Council. The reports shall refer to each separate lot or property by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land thereof, respectively.

(C) Posting and publication. The City Clerk shall post a copy of the report and assessment list on the cost of the abatement as required by the preceding section in a prominent place at City Hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation. The posting shall be made and completed at least ten days before the time such report shall have been submitted to the City Council for costs confirmation.

(D) Notice of cost recovery. The notice shall substantially be in the following form:

“Notice is hereby given that:

The Council of the City of Madera has confirmed the report of the City Administrator, and his or her designee, on the abatement of weeds, dirt, brush rubbish and rank growth, and your property has been assessed the amounts which are shown here. You have twenty (20) days after the date the Council confirmed the report in which to pay to the Finance Department the assessment as shown on the list. The twentieth day ends at 5:00 p.m. on . If the City does not receive your payment by that date, a penalty of ten percent (10%) shall be assessed against the amount then due. The amount of the total due, including the penalty, will be transmitted to the county auditor for entry upon and collection with the next tax roll in the form of a lien against the property. Thereafter, such amount shall be collected with property taxes, and shall be subject to additional interest and penalties in the case of delinquency, along with sale, because the assessment shall constitute a lien upon your property. The cost of recording and removing a lien on property on which this amount has been assessed will be borne by the property owner.

All property owners having objections to the abatement costs recovery are hereby notified to attend the public hearing to be held on , at , where and when all objections will be heard and given due consideration.

Dated: , City of Madera.”

(E) Hearing by City Council. At the time and place fixed for receiving the report of the cost of abatement pursuant to this section, the council shall hear any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance. The City Administrator, or his or her designee, shall attend such meeting. The City Council may make such modifications in the proposed assessments as deemed necessary, after which such report and assessment list shall be confirmed by resolution.

(F) Debt owed to constitute lien on property. The amount of the cost of abating the nuisance of weeds, dirt, brush, rubbish and rank growths upon, or in front or rear of the various lots or parcels of land respectively referred to in such report and the cost of recording and removing a lien on the property, shall constitute special assessments against such respective lots or parcels of land. Upon its confirmation, it shall constitute a lien on such property for the amount of such assessments until paid.

(G) Collection by county. If the amounts owed are not paid in full by the twentieth day after confirmation, the amount due may be turned over to the County Tax Auditor for collection through the next tax roll. Upon confirmation of the report and assessment list, the City Administrator, or his or her designee, shall transmit a copy of the resolution, report and costs to the property owners identified on such report and list, along with a letter as set forth in § 1-9.11.

(Ord. 913 C.S., passed 1-7-15)

Upon entry of a second violation within a one year period, and within the validity of the Notice of Violation issued for violations of this chapter, citations as prescribed in § 1-9 shall be issued in addition to the administrative fee being twice the normal amount as set forth in § 3-15.08 and in addition to any other abatement costs.

(Ord. 913 C.S., passed 1-7-15)

Penalty. Any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls or manages any property subject to this chapter, and causes, permits, or maintains a violation of this chapter as to that property, shall be guilty of a misdemeanor.

(Ord. 913 C.S., passed 1-7-15)

The special procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of weeds and rubbish, and abatement under this chapter shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition.

(Ord. 913 C.S., passed 1-7-15)