Mountain House Municipal Code Ch. 4 Weeds, Rubbish, and Debris Abatement Procedure

The City Manager, or the City Manager's designee, may enter upon private or public property whenever necessary to enforce or administer the provisions of this Chapter. This right of entry and inspection shall not be construed to grant the right to enter into any dwelling or structure which may be located on the land. Should the City determine that there is a reasonable expectation of privacy of the property owner with respect to the dwelling unit to be inspected, the City may request an inspection warrant pursuant to the provisions of Civil Code Section 1822.50 et seq., which warrant shall state the applicable location and purpose of the inspection or other authorized activity. When there is no reasonable expectation of privacy, the City Manager, or his or her designee, may enter onto that property without a warrant in order to inspect the property for the purposes of determining whether the provisions of this Chapter have been violated, to abate a public nuisance identified pursuant to this Division, or to perform any other action authorized by state law related to the purpose of this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)

Pursuant to the Statutory Abatement Procedures, the City Council may adopt a resolution identifying Weeds, Rubbish, and Debris accumulating on property within the City and declaring the Weeds, Rubbish, and Debris to constitute a public nuisance. The resolution shall identify the properties upon which the nuisance is located including, if known, the tract, lot and parcel number. In accordance with Government Code sections 39562.1 and 39562.2, the Council may find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances and take such further steps pursuant to such declaration as may be authorized by those sections.

(Ord. 2024-23, § 1(Exh. A), 2024; Ord. 2025-02, § 24, 2025)

When it is established by the City that Weeds, Rubbish, or Debris constitute a public nuisance as identified in this Division, the City Manager shall, in accordance with the Statutory Abatement Procedures, notify the property owners of their obligations to remove or destroy the Weeds, Rubbish, and/or Debris. The notice shall be given by posting (Gov. Code, § 39564) or by mailing (Gov. Code, § 39567.1) and shall be substantially in following form (or the form set out it in Government Code section 39566) with the heading in letters of not less than 1 inch in height:

NOTICE TO DESTROY WEEDS AND REMOVE

RUBBISH, REFUSE, AND DIRT

Notice is hereby given that on the ___ day of ___, ___, the Mountain House City Council passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in the City of Mountain House, 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 upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. 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 the City of Mountain House to be held [give date], when their objections will be heard and given due consideration.

Dated this ___day of ___, ___.

[City Manager or designee]

City of Mountain House

(Ord. 2024-23, § 1(Exh. A), 2024; Ord. 2025-02, § 25, 2025)

At the time specified in the notice, the City Council shall conduct a public hearing to hear and consider all objections and protests, if any, to the proposed removal or destruction of Weeds, Rubbish, and Debris identified in the resolution. Upon the conclusion of the hearing, the Council shall allow or overrule any or all objections, whereupon the City Council shall acquire jurisdiction to proceed and perform the work of removal. The City Council's decisions on the objections are final.

(Ord. 2024-23, § 1(Exh. A), 2024; Ord. 2025-02, § 26, 2025)

After the Council disposes of any or all objections received by the Council, or if no objections are received, the Council shall order the City Manager to proceed with the abatement of the public nuisances identified in the resolution in accordance with this Division and the Statutory Abatement Procedures.

(Ord. 2024-23, § 1(Exh. A), 2024; Ord. 2025-02, § 27, 2025)

If the public nuisance is seasonal and recurrent, the Council shall so declare. Thereafter, such seasonal and recurring weeds shall be abated every year without the necessity of any further hearing. It shall be sufficient to mail a postcard notice to the owners of the property as they and their addresses appear upon the current assessment roll. The notice 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 Manager, in which case the cost of removal shall be assessed upon the lot or land and that such costs will constitute a lien upon such lots or lands until paid.

(Ord. 2024-23, § 1(Exh. A), 2024)

If the person or persons owning property identified in the resolution fail or refuse to remove or destroy Weeds, Rubbish, or Debris on the property in accordance with the provisions of this Division within ten (10) calendar days after the public hearing at which the City Council issued an abatement order, the City Manager, or the City Manager's designee, shall remove or destroy the Weeds, Rubbish, or Debris in accordance with this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any property owner may remove Weeds, Rubbish, or Debris at his or her own expense. Nevertheless, in any case in which an order to abate is issued, an assessment and lien may be imposed pursuant to state law for costs incurred by the City in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any person violating any of the provisions of this Division shall be guilty of an infraction.

(Ord. 2024-23, § 1(Exh. A), 2024)

The remedies and penalties provided for in this Division shall be cumulative and shall be in addition to any of all other remedies available to the City Manager and the City Council including alternate enforcement or abatement procedures authorized by state law.

(Ord. 2024-23, § 1(Exh. A), 2024)