Milpitas Municipal Code Ch. 202 Weed, Rubbish, Refuse, Dirt Control and Abatement

The word "rubbish" as used in this Chapter includes all waste wood, wood products, tree trimmings, grass cuttings, dead plants, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products (such as are used for packaging or wrapping crockery and glass) ashes, cinders, floor sweeping, construction rubble, rocks, concrete, lathing and glass, mineral or metallic substances.

1.02 Refuse The word "refuse" as used in this Chapter includes any and all dead animals; every accumulation of waste animal, vegetable or other matter that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition or meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter including, but not by way of limitation, used tin cans and other food containers; and all putrefactive or easily decomposable waste animal or vegetable matter which is likely to attract insects or rodents; all manure and other waste matter normally accumulated in or about a stable or any animal, livestock or poultry enclosure or resulting from the keeping of animal, poultry or livestock.

1.03 "Weeds," as used herein, shall mean all weeds growing upon streets, alleys, sidewalks, or private property in the City and includes, without limitation, any of the following:

(1) Weeds which bear or may bear seeds of a downy or wingy nature.

(2) Weeds, brush and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent property.

(3) Weeds which are otherwise noxious or dangerous.

(4) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

(5) Accumulations of garden refuse, cuttings, and other combustible trash.

(6) Dry grass, stubble, brush, litter or other combustible material, creating a fire hazard.

(Ord. 185.1 (part), 12/6/83)

2.01 It shall be unlawful for any owner, agent, leasee, occupant, or other person having charge or control of any parcel of property within the City of Milpitas to permit weeds, rubbish, refuse or dirt to be accumulated or remain on said parcel of property or adjacent sidewalks, or adjacent streets (to the centerline thereof).

2.02 It shall be the duty of every owner, agent, leasee, occupant or other person having charge or control of any lot, premises or grounds within the City to remove any weeds, rubbish, refuse or dirt from said parcel of property and adjacent sidewalks and adjacent streets (to the centerline thereof).

(Ord. 185.1 (part), 12/6/83)

3.01 The City Council is empowered to adopt a resolution declaring the following a public nuisance and directing the abatement thereof: all weeds growing, accumulating or remaining on and all rubbish, refuse, or dirt upon any parcel within the City or adjacent sidewalks or adjacent streets (to the centerline thereof).

Said resolution shall describe the property upon which or in front of which the nuisance exists by referring to any street by its commonly known name and by giving the lot and block number.

Said resolution shall fix the time and place for hearing any objections to the proposed description of or removal of said public nuisance.

The City Manager or his authorized deputies shall thereupon give notice of the passage of said resolution as hereafter provided.

3.02 Weeds on specified parcels of property as seasonal and recurrent nuisances; abatement.

At the time it adopts the resolution, the Council may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.

Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this Chapter, provided that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll.

The notice required by Section V-202-4 shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the city authorities, in which case the cost of such a removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid.

The notice required by Section V-202-4 may state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, weed seeds and weed seedlings and that the city may require preventive chemical control of such nuisance.

In the event the city is once required to abate such nuisance the city may, in addition, before and during the next following germinating season of such weeds, provide for the preventive abatement of such nuisance by using chemical control of such weeds.

(Ord. 185.1 (part), 12/6/83)

The notice provided for the preceding section shall be in substantially the following form:

NOTICE TO DESTROY WEEDS AND/OR REMOVE RUBBISH, REFUSE, AND DIRT

Notice is hereby given that on the ________ day of ________, 19___, the Milpitas City Council passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and/or that rubbish, refuse, and dirt were upon or in front of property on this street, in Milpitas and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the City and the cost of removal assessed and made a lien upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed or such other remedies may be invoked as the law allows. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk.

All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of Milpitas, Council Chambers, City Hall, 455 East Calaveras Boulevard, Milpitas, California to be held (give date) at ___ o'clock p.m., when their objections will be heard and given due consideration.

Dated this _______ day of ________, 19___.

(Ordinance 185.2, 11/6/84)

5.01 The City Council may direct the City Manager (as City Clerk) to mail written notice of the proposed abatement to all persons owning property described in the resolution as such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council. Additionally, a copy shall be mailed to the occupant or lessee of said property at the address of said property as known to the City Manager. The notices shall be mailed at least five (5) days prior to the time for hearing objections by the City Council.

5.02 Alternately, the City Council may direct the City Manager to post the notices on the property described in the resolution at least five days prior to the time for hearing objections by the City Council.

When posting is required, posting shall be made as follows:

(a) One notice to each separately owned parcel of property of not over fifty feet frontage.

(b) Not more than two notices to any such parcel of one hundred feet frontage or less.

(c) Notices at not more than one hundred feet apart if the frontage of such a parcel is greater than one hundred feet.

5.03 Mailing of notice or posting of notice may be used for different properties described in the same resolution in the discretion of the City Manager, notices may, in addition, be posted and mailed with respect to the same parcel of property (provided, however, that nothing herein contained shall be construed to require BOTH mailing and posting.)

(Ord. 185.1 (part), 12/6/83)

At the time stated in the notice, the City Council shall hear and consider any and all objections to the proposed destruction or removal of such weeds, rubbish, refuse and dirt and may continue the hearing from time to time. The Council by motion at the conclusion of the hearing shall allow or overrule any and all objections.

(Ord. 185.1 (part), 12/6/83)

The Council shall order the abatement of the nuisance, by having the weeds, rubbish, refuse or dirt removed. Any City Officer or employee, his deputies, assistants, or his appointees or contracting agents are hereby expressly authorized to enter upon private property for that purpose. Before the city representative arrives, any property owner may remove the weeds, rubbish, refuse and dirt at his own expense.

(Ord. 185.1 (part), 12/6/83)

The City Officer or employee shall keep an itemized account of the cost of abating such nuisance, which shall be filed in a report with the City Clerk.

(Ord. 185.1 (part), 12/6/83)

The City Clerk shall then post a copy of such report in a conspicuous place in the main lobby of the city offices, together with a notice of the filing thereof. The posting of said notice shall be made and at least three (3) days before the time such report shall be heard by the City Council.

Such notice shall be substantially in the following form:

NOTICE OF HEARING ON REPORT AND ASSESSMENT

NOTICE IS HEREBY GIVEN that on _______, 19___, there was filed with the City Clerk a report on abatement of weeds, rubbish, refuse or dirt within the City, copies of which are posted in the main lobby of the City Hall.

NOTICE IS FURTHER GIVEN that on ________, 19___, at the hour of ___ o'clock ___, in the chambers of the City Council said report will be presented for consideration and confirmation, and that any and all persons interested, having any objections to said report may appear and be heard.

Dated this ________ day of ________, 20___.

_____ City Manager of the City of Milpitas

(Ord. 185.1 (part), 12/6/83)

10.01 At the hearing, the City Council shall hear the report together with any objections of the property owners liable to be assessed. The 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.

10.02 The amount of the cost of abating such nuisance upon, or in the front or rear of, the various parcels of land respectively referred to in such report, shall constitute special assessments against such respective parcels of land and shall constitute a lien on such parcels for the amount of such assessments.

(Ord. 185.1 (part), 12/6/83)

11.01 The City Manager shall cause a certified copy of the Order Confirming the Assessment to be recorded in the Office of the Santa Clara County Recorder.

11.02 The City Manager shall cause a certified copy of the Order Confirming Assessment, together with a certified copy of the report required by V-202-8.00, to be filed with the County Tax Assessor and Collector's office and with the County Auditor's Office before August 10th of each year.

11.03 Thereafter, such amount shall be collected at the same time and in the same manner as general taxes are collected on said property and shall be subject to the same penalties and interest and the same procedure and sale in the case of delinquency as provided for said taxes. All laws and ordinances applicable to the levy, collection, and enforcement of taxes are hereby made applicable to such special assessment.

(Ord. 185.1 (part), 12/6/83)

12.01 Where, in the discretion of the Fire Marshal or the Health Officer or the City Manager, the presence of weeds, rubbish, refuse or dirt constitutes an immediate threat to fire safety or to the public health, said weeds, rubbish, refuse or dirt shall be abated forthwith upon order of said Marshal, Health Officer or Manager without the necessity of an order of abatement from the City Council upon the following conditions:

a. the threat to the public safety or health is immediate.

b. the officer involved shall use reasonable efforts to notify the owner or occupant of property to abate the threat immediately (provided written notification shall not be required).

c. the abatement shall be restricted to those weeds, rubbish, refuse or dirt as constitute an immediate threat.

d. a written report shall be made to the City Council at the next regularly scheduled council meeting explaining the nature of the threat, attempts to contact the owner or occupant and the cost of abatement.

12.02 The Council may thereafter issue its order to the owner to show cause why any costs of abatement incurred by the city should not be paid for by the owner or person in control of said property. Notice of the hearing upon said order shall be given by mailed notice as provided for in Section V-202-5.01 of this Chapter. Following said hearing, the Council may direct the City Attorney to institute appropriate proceedings for the collection of any costs it finds to have been incurred by the City in the abatement.

(Ord. 185.1 (part), 12/6/83)

Whenever in this chapter any act is prohibited or is declared to be unlawful, or the doing of any act is required, or the failure to do any act is declared to be unlawful, the violation of any such provision is hereby declared to be an infraction. Every violation determined to be an infraction is punishable by (1) a fine not exceeding Fifty Dollars ($50) for a first violation; (2) a fine not exceeding One Hundred Dollars ($100) for a second violation of the same act within one year; (3) a fine not exceeding Two Hundred Fifty Dollars ($250) for each additional violation of the same act within one year. Each day such a violation continues shall be regarded as a new and separate infraction.

(Ord. 185.1 (part), 12/6/83)

This Chapter is an amendment in its entirety to and is enacted as a revision of Chapter 202 of Title V of the Milpitas Municipal Code. Save and except therefore, nothing contained in this Chapter shall be construed to be a repeal of any other provision of the Milpitas Municipal Code. The remedies provided for herein are cumulative and shall be in addition to such other remedies as are allowed by law.

(Ord. 185.1 (part), 12/6/83)

All persons owning, possessing or controlling land on which a nuisance defined in this Chapter is created, caused, committed or maintained and all persons creating, causing, committing or maintaining said nuisance shall be jointly and severally responsible for its removal. The cost of abatement of said nuisance shall be the personal obligation of each person owning, possessing or controlling land on which a nuisance is created, caused, committed or maintained and each person creating, causing, committing or maintaining a nuisance who shall be jointly and severally liable therefor.

(Ord. 185.1 (part), 12/6/83)

Instead of recording and transmitting to the Tax Collector an Order Confirming Assessment, pursuant to Section V-202-11.00, the City Council may order the City Attorney to institute an action in any court of competent jurisdiction against the person owning, possession or controlling the land on which said nuisance was located for the cost of abatement thereof as a personal obligation. If there are other persons who created, caused, committed or maintained said nuisance, and if said other persons were named in and given notice as required by Section V-202-4.00, the City may also institute action in any court of competent jurisdiction against said other persons for the cost of abatement thereof as a personal obligation of said other persons.

(Ord. 185.1 (part), 12/6/83)

Instead of the procedure set forth in Section V-202-7.00 through V-202-11.00, the City Council may direct the City Attorney to institute proceedings in a court of competent jurisdiction to seek abatement of any nuisance defined by this Chapter by appropriate remedy as allowed by law and for damages, if any.

(Ord. 185.1 (part), 12/6/83)

The provisions for abatement located in Chapter 500, Title V of the Milpitas Municipal Code may be used as an alternative to the procedures set forth in this Chapter 202, Title V for abatement of the nuisance herein described.

(Ord. 252 (part), 9/21/99: Ord. 185.2, 11/6/84)