Monterey Municipal Code Art. 2 Weed and Rubbish Abatement

No owner, agent, lessee, or other person occupying or having charge or control of any building, lot or premises within the City shall permit weeds to remain upon the premises, public sidewalks, streets or alleys between the premises and the centerline of any public street or alley.

“Weeds,” as used in this Article, means all weeds growing upon streets, alleys, sidewalks or private property in the City and includes any of the following:

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

b.Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property.

c.Weeds which are otherwise noxious or dangerous.

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

e.Accumulation of garden refuse, cuttings and other combustible trash.

Every property owner shall remove or destroy such weeds from his property and in the abutting half of any street or alley between the lot lines as extended.

This Article 3, Chapter 14, of this Code, is enacted for the purpose of providing for the summary abatement of such public nuisances under the provisions of Section 38773.5 of the Government Code of the State of California.

Whenever any such weeds accumulate to the point that they become a public nuisance, the Public Works Director shall give notice to the owner of the property on which the nuisance exists in conformity with Section 14-10 hereof that, unless the nuisance is abated within ten days by the destruction or removal of the weeds, the work of abating the nuisance will be done by the City authorities or a contractor designated by the Public Works Director, the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, weeds have been destroyed or removed. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

A property owner may appeal the determination that the weeds on or about his/her property constitute a public nuisance to the City Council, upon payment of a fee in an amount to be set by resolution. Staff shall give five days notice to the property owner of a hearing on the matter and the City Council shall render its decision within ten days of the hearing on the appeal. Failure to render a decision in that time shall constitute a granting of the appeal.

If the weeds constituting a nuisance have not been removed within ten days of the giving of notice thereof, as provided in Section 14-11 hereof, or in the event of an appeal under Section 14-12, within ten days of the decision of the City Council confirming the determination of the Public Works Director, then the Public Works Director, his assistants or City employees, contracting agents or other representatives, shall enter upon the private property on which the nuisance exists for the purpose of abating the nuisance. The abatement shall be done by spraying, discing and mowing unless it is determined by the Public Works Director that such a procedure is impractical. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Public Works Director or City employees or contracting agents to enter upon the premises for the purpose of abating the nuisance. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

(Ord 3365, 11/05)

Within 30 days after abatement of the nuisance, the Public Works Director shall notify the owner of the property, as shown on the last equalized assessment roll, of the cost of abatement, which shall include all costs relating to the abatement and administrative costs incurred by the City.

The owner may file a written protest objecting to the amount of the assessment with the City Clerk within 30 days of the date of the notification of costs. The City Clerk shall set the matter for a public hearing by the City Council. The decision of the Council shall be final. Failure to timely protest the amount of the abatement as provided herein shall constitute a failure to exhaust administrative remedies and no further appeal rights shall be granted.

If such costs are not paid within ninety days of the date of notification of the cost of abatement, or if the determination of the City Council as set forth above has not been successfully challenged by a timely writ of mandate, the obligation may constitute a lien or, in the alternative, a special assessment against the property on which the violation occurred.

The lien or special assessment shall be imposed as provided in Article 3 of Chapter 1 of the Monterey City Code, Sections 1-2.26 through 1-3.03 inclusive. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)