Monte Sereno Municipal Code Ch. 8.02 Weed and Brush Abatement

No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the City of Monte Sereno shall permit weeds, brush, dirt, rubbish, rank growths and other hazardous material to remain upon said premises, or public sidewalks, or streets, or alleys between said premises and the centerline of any public street or alley.

(Ord. 154 § 1 (part), 2007)

As used in this Chapter:

A. "Brush" means and includes a wood, perennial plant usually with multiple stems and trunks which are known to have high oil, high resin, or low moisture contention in their leaves and branches and any other combustible vegetation.

B. "Dirt" means and includes any artificial accumulation of earth of a size, shape or composition to constitute a hazard to the public health or safety.

C. "Rubbish" means and includes all waste paper, wood, cardboard or other flammable material of any kind which endangers the public safety by creating a fire hazard.

D. "Weeds" means weeds growing upon streets, alleys, sidewalks, or private property in the City of Monte Sereno including, but not limited to, the following:

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

2. Weeds, grasses and brush which may soon attain such large growth as to become, when dry, a fire menace;

3. Weeds which are otherwise noxious or dangerous;

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

5. Dry grass, stubble, brush, garden refuse, cuttings, limbs and other combustible trash.

(Ord. 154 § 1 (part), 2007)

Every property owner shall destroy or remove from his property such weeds, brush, dirt, rubbish and other hazardous material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity, and from abutting sidewalks, and the abutting half of any streets or alleys between the lot lines as extended.

(Ord. 154 § 1 (part), 2007)

Whenever any weeds, brush, dirt, rubbish or other hazardous material are growing, located or existing upon any private property or properties, or in any sidewalk, street or alley within the City of Monte Sereno, the City Council shall pass a resolution declaring the same to be a public nuisance, ordering the Fire Marshal or City Engineer or their representatives to give notice of the passage of such resolution as hereinafter provided, and stating that, unless such nuisance be abated within thirty (30) days after the adoption of such resolution, or within the time specified in a written agreement with the Fire Marshal or City Engineer, or their representatives, whichever time shall be later, by the destruction or removal of such weeds, brush, dirt, rubbish or other hazardous material, as hereinafter provided, the City of Monte Sereno shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds, brush, dirt, rubbish or other hazardous material shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds, brush, dirt, rubbish or other hazardous material.

(Ord. 154 § 1 (part), 2007)

The notice specified in Section 8.02.050 shall be in substantially the following form:

"NOTICE TO DESTROY WEEDS AND BRUSH AND REMOVE DIRT, RUBBISH AND OTHER HAZARDOUS MATERIAL

"NOTICE IS HEREBY GIVEN that on ________ 20 ___, pursuant to the provisions of Section 8.02.050 of the Monte Sereno Municipal Code, the City Council has adopted a Resolution declaring that weeds, brush, dirt, rubbish and/or other hazardous materials are present in such a manner as to constitute a public nuisance and that the removal of this nuisance is important enough to the public safety that abatement.

"NOTICE IS FURTHER GIVEN that property owners shall, within thirty (30) days after the adoption of such resolution, or within the time specified in a written agreement with the [City Manager or City Engineer] or their representatives, whichever time shall be later, destroy or remove all such weeds, brush, dirt, rubbish and other hazardous material from their property, the abutting sidewalks, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds, brush, dirt, rubbish and other hazardous material will be destroyed or removed and such nuisance abated by the City of Monte Sereno. Should the City be required to abate the nuisance, the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds, brush, dirt, rubbish or other hazardous material shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds, brush, dirt, rubbish or other hazardous material are hereby notified to attend a meeting of the City Council of the City of Monte Sereno, to be held at the ___________, on ________, 20 ___, at _______ p.m., when and where their objections be heard and given due consideration."

"Dated this _______ day of ________, 20 ___.

_____ (City Clerk, City of Monte Sereno)

Such notice shall be posted in three (3) prominent places in the City of Monte Sereno at least ten (10) days prior to the time fixed by the City Council for hearing objections.

(Ord. 154 § 1 (part), 2007)

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, brush, dirt, rubbish or other hazardous material, and may continue the hearing from time to time. The City Council, by motion or resolution, shall allow or overrule any and all objections, if any, after which the City Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction or removal of said weeds, brush, dirt, rubbish or other hazardous material. The decision of the City Council shall be final and conclusive.

(Ord. 154 § 1 (part), 2007)

The City Council shall, by resolution, order the City Manager or City Engineer or their representatives, to abate such nuisance, or cause the same to be abated by having the weeds, brush, dirt, rubbish or other hazardous material referred to destroyed or removed by cutting, discing, chemical spraying, or any other method determined by the City Council; and the City Manager and their deputies, assistants, employees, contracting agents or other representatives, are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to destroy or remove such weeds, brush, dirt, rubbish or other hazardous material himself by cutting, discing, chemical spraying, or any other method determined by the City Council, or have the same destroyed or removed at his expense, provided that such weeds, brush, dirt, rubbish or other hazardous material shall have been removed prior to the arrival of the City Manager or their authorized agents or representatives, to remove them.

(Ord. 154 § 1 (part), 2007)

The City Manager or his or her authorized agents or representatives, shall keep an account of the cost of abating such nuisance and embody such 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 expenses proposed to be assessed against each separate lot or parcel of land.

(Ord. 154 § 1 (part), 2007)

The City Clerk shall post a copy of such report and assessment list in three (3) prominent places in the City, together with a notice of the 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 mailed to the property owners liable to be assessed for the abatement. The posting and mailing of said notice shall be made and completed at least ten (10) days before the time such report is submitted to the City Council. Such notice, as so posted and mailed, shall be substantially in the following form:

"NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEEDS, BRUSH, DIRT, RUBBISH AND OTHER ABATEMENT"

"NOTICE IS HEREBY GIVEN that on ________, 19 ___, the City Manager or City Engineer filed with the City Clerk a report and assessment on abatement of weeds, brush, dirt, rubbish, and other hazardous material within said City, one copy of which is posted on the bulletin board near the entrance door at the City Office."

"NOTICE IS FURTHER GIVEN that on ________, 19 ___, at _______ P.M. at the 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."

"Dated this _______ day of ________, 19 ___.

_____ (City Clerk, City of Monte Sereno")

(Ord. 154 § 1 (part), 2007)

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, and the City Manager or City Engineer or their representatives shall attend such meeting with his record thereof, and, upon such hearing, the City Council may make such modifications in the proposed assessment as it, by motion or resolution deems reasonable and necessary, after which such report and assessment list shall be confirmed.

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 so made and confirmed, shall constitute a lien upon such property for the amount of such assessment, until paid.

(Ord. 154 § 1 (part), 2007)

On or before August tenth of the year in which the report is confirmed by the City Council, the City Clerk shall cause a certified copy of said confirmed report to be filed with the County Auditor, in order that the County Auditor may enter each such assessment on the County tax roll opposite the parcel of land referred to. Thereafter, such amounts shall be collected at the same time, and in the same manner, as general City taxes are collected, and shall be subject to the same penalties and interest, and the same procedure and sale in case of delinquency as provided by law for City taxes. All laws and ordinances applicable to the levy collection and enforcement of City taxes are hereby made applicable to such special assessments.

(Ord. 154 § 1 (part), 2007)

This Chapter is adopted pursuant to the provisions of Sections 39501 and 39502 of the Government Code of the State of California, as an alternative and additional remedy to those otherwise promoted by law, or ordinance of the City of Monte Sereno.

(Ord. 154 § 1 (part), 2007)