Mission Viejo Municipal Code Ch. 6.15 Abatement of Weeds

Footnotes:

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Cross reference— Parks and recreational facilities, tit. 13; streets and sidewalks, tit. 14.

As used in this chapter, unless the context otherwise clearly indicates:

Director means the public works director or the designee of the public works director.

Noxious growths includes, but is not restricted to, trees, shrubs or bushes which overhang or obstruct city regulatory signs, access to or passage by private premises or a public place; weeds, vines, shrubs, or brush which bear seeds of a wingy or downy nature, or which attain such a large growth as to become a fire menace when dry, or which contain poisonous oils; or which are otherwise noxious or dangerous or harmful to the public health, safety or welfare.

Weeds includes weeds which bear seeds of a downy or wingy nature, and any other brush or weeds which attain such growth as to become, when dry, a fire menace to adjacent improved property; weeds which are otherwise noxious or dangerous, poison oak, and poison ivy when conditions of growth are such as to constitute a menace to the public health; dry grass, stubble, brush or other flammable material which endangers the public safety by creating a fire hazard; and vegetation, vines, and shrubs of every kind and nature overgrowing curblines or draping over walls or fences along, or projecting into, public streets, including alleys, thereby interfering with public street use and maintenance and the public safety.

(Ord. No. 90-58, § 1(6.15.001), 1-14-91; Ord. No. 91-76, § 1, 9-23-91)

Cross reference— Definitions generally, § 1.01.170.

(a) Public nuisance. It is hereby declared a public nuisance for any landowner or person leasing, occupying, directly controlling, or having possession of any property to this city to maintain any weeds or noxious growth on such property.

(b) Prohibited activities. It shall be unlawful for any landowner or any person leasing, occupying, or having charge or possession of any property in the city to keep, maintain or deposit on such property any weeds or noxious growth.

(Ord. No. 90-58, § 1(6.15.002), 1-14-91; Ord. No. 91-76, § 1, 9-23-91)

The terms and provisions of Government Code §§ 39501 through 39588, including but not limited to the notice requirements therein, and as such terms and provisions may be amended from time to time, are incorporated as part of this Code and shall constitute the weed abatement procedure for the city. The director is authorized to perform the duties provided in such provisions of the Government Code.

(Ord. No. 90-58, § 1(6.15.003), 1-14-91; Ord. No. 91-76, § 1, 9-23-91)

(a) No landowner or person leasing, occupying, directly controlling, or having possession of any property in this city shall remove, clear or devegetate weeds and debris from such property through the use of tractors, disks, trucks, bulldozers, backhoes or other motorized vehicles or heavy equipment without first securing a permit from the director of public works. No landowner or person leasing, occupying, directly controlling or having possession of any property in this city of one acre or more in area shall remove, clear, or devegetate weeds and debris from such property by hand or through the use of hand tools or implements without first securing a permit from the director of public works. The amount of such permit shall be established by the council by resolution.

(b) The director of public works shall review and approve, disapprove, or conditionally approve the weed abatement permits described in subsection (a) of this section. The decision of the director shall be posted at city hall and on the property, and shall not be effective until ten days following the decision in order to allow time for appeal to the city council pursuant to sections 2.04.100 and 2.04.110. Such permit shall be reviewed and issued pursuant to the following provisions:

(1) All weed abatement permits for parcels of ten acres or more shall require review by the fire marshal or his designee prior to issuance to determine if a fire hazard exists, and to designate minimum abatement needed to reduce the fire hazard.

(2) If in the director's judgment the site for the proposed abatement may be environmentally significant, additional field survey work or studies may be required at the expense of the applicant. Mitigation measures or conditions may be imposed upon permit issuance. If findings of any field work or study indicate species which are environmentally significant, the public works director shall refer the application to the community development director for environmental review and referral to the planning commission.

a. Upon receipt of the weed abatement permit referral, the community development director shall determine whether or not the environmental impacts can be mitigated to an insignificant level, and shall make a recommendation to the planning commission.

b. The planning commission may approve, approve with conditions, or disapprove the weed abatement permit application by resolution. The decision of the planning commission shall not be effective for ten days following adoption of the resolution in order to allow time for appeal to the city council pursuant to sections 2.04.100 and 2.04.110.

(3) The director shall determine whether the scope of weed or noxious growth removal is necessary to abate or prevent a fire hazard or to abate or prevent a condition which is harmful to the public health, safety or general welfare.

(Ord. No. 90-58, § 1(6.15.004), 1-14-91; Ord. No. 91-76, § 1, 9-23-91)

(a) Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Notwithstanding the foregoing, a violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of this Code.

(b) In addition to any remedy or rights which the city may have under this Code or any law, and in addition to any penalty which may be applicable, any person who violates the provisions in this chapter shall be responsible for revegetating and/or planting replacement vegetation, plants and/or landscaping of identical species in reasonable equivalent quantities, size and value to any vegetation, plants or landscaping damaged or removed. The quantity, size, location and time needed for the establishment of such replacement plantings shall be determined by the council. The value shall be established as provided in appropriate formulas as prepared by the International Society of Arborculture Guide to Establishing Values for Trees and Shrubs.

(c) Enforcement of this chapter may be accomplished by the director in any manner authorized by law, and the director shall levy and collect such penalty assessments as the council may establish by resolution. The procedure set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. No. 90-58, § 1(6.15.005), 1-14-91; Ord. No. 91-76, § 1, 9-23-91; Ord. No. 97-174, § 5, 8-18-97)

The provisions of this chapter shall not apply to:

(1) Any lot or parcel of land zoned for single-family use and which has been developed with a single-family dwelling unit.

(2) Land owned or maintained by the city as developed park lands.

(3) Land owned or maintained by public utilities.

(4) Any activity deemed necessary by the county fire department to maintain fire safety standards or action in accordance with an approved fuel modification plan, or as required by a fire emergency.

(Ord. No. 90-58, § 1(6.15.006), 1-14-91; Ord. No. 91-76, § 1, 9-23-91)

In adopting this chapter, it is the intent of the council that the city should strictly enforce this chapter's prohibition against weeds and noxious growth on property within the city and ensure that all activities taken to abate such weeds or noxious growth is sufficient to abate the public nuisance with a view to preserving aesthetically or environmentally desirable plants, vegetation, or landscaping and to prevent the denuding or devegetation of vacant property or the displacement of wildlife habitats.

(Ord. No. 90-58, § 1(6.15.007), 1-14-91; Ord. No. 91-76, § 1, 9-23-91)