Merced Municipal Code Art. V Special Nuisance Abatement Proceedings for Weeds and Rubbish

The city council may:

A. Declare by resolution, pursuant to California Government Code Section 39561 et seq., that a public nuisance exists with respect to a specific parcel whenever that parcel is being maintained in a manner that has resulted in weeds, as that term is defined in California Government Code Section 39561.5, being grown upon the streets, sidewalks or private property in the city; and

B. Commence any action or proceeding, pursuant to California Government Code Section 39561 et seq., to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the responsible person.

(Ord. No. 2349, § 1, 3-1-2010)

The city council may:

A. Declare by resolution, pursuant to California Government Code Section 39561 et seq., that a public nuisance exists with respect to a specific parcel whenever that parcel is being maintained in a manner that has resulted in an accumulation of rubbish, refuse, and dirt upon the parkways, sidewalks, or private property in the city; and

B. Commence any action or proceeding, pursuant to California Government Code Section 39561 et seq., to abate the public nuisance, to pursue all other remedies against the responsible person, to seek the imposition of all penalties against the responsible person and to recover any and all costs from the responsible person.

(Ord. No. 2349, § 1, 3-1-2010)

The enforcement officer shall cause any owner or other responsible person to be notified of the existence of such condition on the premises and shall direct that such person or persons shall abate such condition or appear before the enforcement officer at a stated time and place and show cause why such condition should not be abated by the city at such person's expense.

The notice shall be substantially in the following form:

NOTICE TO REMOVE WEEDS, RUBBISH, LITTER AND MISTLETOE

(Name and Address of such person notified)

As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at ___________ you are hereby notified that the undersigned, pursuant to Section 8.40.070 of the Merced Municipal Code, has determined that there exists upon or adjoining said premises the following condition contrary to the provision of Subsection ________ of Section 8.40.070.

You are hereby notified to abate said condition to the satisfaction of the undersigned within ___ days of the date of this notice or to appear at the office of the ___________ at Merced, California, on ___________ 20___ at ___ o'clock ___.M., and show cause, if any you have, why said condition should not be abated by the City and the expenses thereof charged to you as a personal obligation and/or made a lien upon said buildings or grounds. Abatement is to be accomplished in the following manner:

Dated: ___________

___________ (Name of Department Head)

By ___________

(Ord. No. 2349, § 1, 3-1-2010)

A. A copy of the notice provided for in Section 8.40.290 shall be sent to the owner and may be sent to any other of said persons sought to be charged with the responsibility of abatement. The notice shall be sent by mail, postage prepaid and addressed as follows:

1. To the owner: as such person's name and address appear on the last equalized assessment roll of the county or as known to the enforcement officer or the person authorized by the enforcement officer to give such notice;

2. To any other such person: as such person's name and address are known to the enforcement officer or the person authorized by him/her to give notice.

B. The person giving such notice shall file a copy thereof in the office of the enforcement officer together with an affidavit or certificate stating the time and manner in which such notice was given. The failure of any owner or any other person to receive such notice shall not affect in any manner the validity of any proceedings taken under this article.

(Ord. No. 2349, § 1, 3-1-2010)

At the time fixed in the notice described in Section 8.40.290, the enforcement officer shall hear testimony offered on behalf of the person or persons sought to be charged which tends to show why the condition should not be abated and the expense thereof charged to the person as a civil debt and/or made a lien upon the buildings or grounds. The enforcement officer may hear rebuttal testimony on behalf of the city. If at the conclusion of the hearing the enforcement officer is satisfied that the condition exists and concludes that it should be abated at the expense of such person or persons as aforesaid, he/she shall so advise such persons attending the hearing, either orally or in writing. In the event any person given notice of hearing as shown by the evidence of mailing shall fail to appear at the hearing, then as to him/her such evidence of mailing shall, without the taking of further testimony, be sufficient evidence of the existence of facts in support of the conclusion, and no notice of the conclusion of the enforcement officer need be given to any such person failing to appear.

(Ord. No. 2349, § 1, 3-1-2010)

In all cases where the enforcement officer has determined to proceed with abatement, then on the day following the date fixed for the hearing or, if the matter has been continued by the enforcement officer, the day following the conclusion thereof, the city shall acquire jurisdiction to abate the condition at the person's expense as provided in this article. Any property owner or responsible person shall have the right to abate the condition himself/herself or have the same abated at his/her own expense, provided such condition has been abated prior to the arrival of the enforcement officer or his/her authorized representative to do so.

(Ord. No. 2349, § 1, 3-1-2010)

The enforcement officer shall keep an account of the cost of abating such nuisance and embody such an account in a report and assessment list to the city council, which shall be filed with the city clerk. Such report shall refer to each separate lot or parcel of land 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.

(Ord. No. 2349, § 1, 3-1-2010)

The city clerk shall post a copy of such report and assessment list on the bulletin board near the entrance to the City Hall, together with a notice of filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be published once in a newspaper of general circulation, published and circulated within the city. The posting and publication of said notice shall be made and completed at least five (5) days before the time such report has been submitted to the city council. Such notice, as so posted and published, shall be substantially in the following form:

NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED, RUBBISH, LITTER AND MISTLETOE ABATEMENT

NOTICE IS HEREBY GIVEN that on ________, 20___, the Enforcement Officer of the City of Merced filed with the City Clerk of said City a report and assessment on abatement of weeds, rubbish, litter, and mistletoe, within said City, a copy of which is posted on the bulletin board at the entrance to the City Hall.

NOTICE IS FURTHER GIVEN that on ________ 20___, at the hour of 7:00 o'clock P.M., in the Council Chambers of said City Hall, said report and assessment list will be presented to the City Council of said City for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

List of properties to be assessed:

DATED: ________

CITY CLERK OF THE CITY OF MERCED

(Ord. No. 2349, § 1, 3-1-2010)

A. At the time and place fixed for receiving and considering such report, the city council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance. The purpose of the hearing shall only be to consider the amount of the liens in the report of the enforcement officer, and not to consider or contest the validity of the liens. The enforcement officer shall attend such hearing with his/her record thereof; and upon such hearing, the city council may make such modifications in the proposed assessments therefor as it may deem necessary, after which such report and assessment list shall be confirmed by resolution.

B. The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report, shall constitute special assessments against such respective lots or parcels of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessments, until paid.

(Ord. No. 2349, § 1, 3-1-2010)

After confirmation of the report, a copy shall be given to the city finance officer, who may receive the amount due on the abatement cost and issue receipts at any time after the confirmation and until a list of unpaid assessments shall have been given at least annually to the county auditor for effecting collection on the tax roll at the time and in the manner of ordinary municipal taxes. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are made applicable to such special assessment, and the lien of said assessment shall have priority of the taxes with which it is collected.

(Ord. No. 2349, § 1, 3-1-2010)

The fire department, chief building official, and code enforcement officers shall have jurisdiction to administer the provisions hereof.

(Ord. No. 2349, § 1, 3-1-2010)

The special procedure provided in Article V of 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. No. 2349, § 1, 3-1-2010)