Murrieta Municipal Code Ch. 8.32 Weeds

A. All weeds, dry grasses, dead shrubs, dead trees, seasonal and recurrent weeds, or any material growing upon the streets, sidewalks, or upon private property within the city, which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth, and location, constitute a fire hazard to any building, improvement, crop or other property, and weeds and grasses which, when dry, will in reasonable probability constitute a fire hazard, are declared to be a public nuisance.

B. Cultivated and useful grasses and pastures shall not be declared a public nuisance under subsection A of this section; however, if the city manager or his or her authorized representative shall determine it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required.

C. On parcels up to five acres, where the topography is such that portions, such as slopes greater than 2:1, are inaccessible for weed abatement, the slope may be left in a natural condition for the purpose of erosion control; however, all flat accessible areas shall conform to the requirements of this chapter for weed abatement. On parcels larger than five acres, the same provision is applicable; however, the regulations for required firebreaks and structure setbacks for weed abatement shall prevail.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.010)

The city manager is authorized to administer and enforce the provisions of the chapter. The city manager may appoint and authorize one or more members of the city staff to act as his or her designee to administer or enforce this chapter. In the context of this chapter, the phrase “city manager” includes each and all persons designated by the city manager to assist in the administration and enforcement of this chapter, as limited by the terms of the delegation. In the enforcement of this chapter, the city manager or his or her designee, may enter upon private or public property to inspect that property. When the city council has contracted with any person or persons for the removal of nuisances, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of nuisances pursuant to the chapter. (Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.020)

If it is determined by the city manager that a public nuisance under this chapter exists on any lot or premises or upon any sidewalk or parkway adjacent to such lot or premises, the city manager shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "NOTICE TO CLEAN PREMISES" in letters not less than one inch in height and shall, in legible characters, direct the abatement of the nuisance and refer to this chapter for particulars. Notices served by means other than posting on the premises, as provided by this chapter shall identify the property involved by street address and/or by the tax assessor's property identification number including the map, book, page, and parcel numbers as contained in the latest equalized assessment rolls. Any number or lots or premises or sidewalks or parkways as described herein may be included in any of the notices, actions, resolutions, or proceedings as described in this chapter.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.030)

The notice required by Section 8.32.030 of this chapter may be served by any of the following methods:

A. By personal service on the owner, occupant or person in charge or control of the property as may be known to the city manager;

B. By regular mail, addressed to the owner or person in charge and control of the property as may be known to the city manager, at the address shown on the last available assessment roll or as otherwise known to the city manager;

C. By posting at a conspicuous place on the land or abutting public right-of-way and insertion of an advertisement at least once a week for a period of two weeks in a newspaper of general circulation in the city. Such newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and shall contain a general statement of the effect of such posting. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this chapter.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.040)

It shall be the duty of the owner, occupant or person in charge or control of any property in the city, within fifteen (15) days from the date of the posting, mailing, or personal service of the notice provided for in Section 8.32.030 of this chapter, or in the case of an appeal as permitted in any order of abatement which has become final under this chapter, unless a nuisance has been found not to exist hereunder, to remove or cause to be removed the nuisance as stated in the notice.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.050)

A. Within fifteen (15) days from the date of the posting, mailing, or personal service of the required notice provided for in Section 8.32.030 of this chapter, the owner or person occupying or controlling such lot or premises affected by such notice or any other person affected thereby may appeal to the city manager.

B. If no written request for a hearing is received by the city manager, or if the nuisance is not abated by the owner, occupant, or person in charge or control of the property or their agent within the time allowed, the city manager shall have the authority to abate by city personnel or private contract (authorized, if otherwise required, by the city council) and remove the public nuisance without a hearing.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.060)

If a request for hearing is filed, the city manager shall send a notice of hearing at least ten days before the hearing by regular mail to the requesting party, including the owner of the land as shown on the last equalized assessment roll and any other property owners or interested parties as deemed appropriate by the city manager.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.070)

The hearing to determine whether a nuisance exists shall be conducted by the city manager or his or her duly authorized designee who shall act as a hearing officer, and who shall hereinafter sometimes be referred to as the “hearing officer.” (Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.080)

A. The hearing to determine whether a nuisance exists shall be conducted by the hearing officer who shall consider relevant evidence including, but not limited to, applicable staff reports, objections or protests relative to the existence of such alleged public nuisance, and the manner proposed for abatement of same. Such hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances permit.

B. Upon the conclusion of the hearing, the hearing officer shall, on the basis of the evidence presented at such hearing, determine whether the property, or any part thereof, or any condition thereon, as maintained, constitutes a public nuisance, as defined in this chapter. If the hearing officer finds that a public nuisance exists, he or she shall, by written notice, order the same abated in a reasonable period of time as set forth in the notice. The determination of the hearing officer shall be final unless appealed in the manner provided in this chapter.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.090)

A. A copy of the hearing officer's order of abatement of the nuisance shall be served upon the owner of the property by one of the methods described in Section 8.32.040 of this chapter, (excluding the need to insert a newspaper advertisement if service by posting is selected), together with a detailed list of needed corrections or abatement methods. If the hearing officer finds no nuisance exists, notice of such finding shall likewise be served on the owner of the property.

B. If abatement is ordered and if no appeal is timely filed pursuant to Section 8.32.110 of this chapter and if the nuisance is not completely abated by the owner, as directed, within the time set forth in the order of the abatement, then the city manager shall cause the same to be abated by city personnel or private contract (authorized, or otherwise required by the city council), and entry upon the premises is expressly authorized for such purposes.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.100)

A. The owner or person occupying or controlling the property affected by the decision of the hearing officer, or any other person affected by such decision, may appeal the decision of the hearing officer to the city council.

B. The appeal shall be made in writing and filed with the city clerk within five working days following the giving of the notice of the decision of the hearing officer. Such appeal shall state the grounds for the appeal. The city clerk shall, upon receipt of such appeal, set the matter for hearing before the city council not less than seven nor more than thirty (30) days following the filing of the appeal. Notice of hearing shall be given in the manner provided for in Section 8.32.040 of this chapter and to the persons described in Section 8.32.070 of this chapter.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.110)

A. At the time and place set for the hearing, the city council shall review and consider the record before and the report and decision of the hearing officer and written and oral evidence and argument relative to the report and decision of the hearing officer. The hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances reasonably permit.

B. Upon conclusion of the hearing, the city council shall, on the basis of the record before and the report of the hearing officer, and considering such evidence and argument as may have been presented and received at the hearing, determine whether the decision of the hearing officer should be upheld, modified, or overturned. The determination of the city council shall include a statement as to whether or not a public nuisance exists. If the city council finds that a public nuisance exists, it shall, by resolution, order the nuisance abated within a reasonable time to be set forth in the resolution. If the city council finds that no public nuisance exists, the notice to abate shall be deemed to have been withdrawn and the matter shall be terminated. The determination of the city council shall be final.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.120)

A copy of the city council's resolution ordering abatement of the nuisance shall be served upon the owner of the property by one of the methods described in Section 8.32.040 of this chapter (excluding the need to insert a newspaper advertisement if service by posting is selected). If the city council finds that no nuisance exists, notice of such finding shall be served in the same manner on the owner of the property and a copy of such notice shall be delivered or mailed to the hearing officer.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.130)

Any owner shall have the right to abate the public nuisance in accordance with the city council's resolution ordering abatement, at his or her own expense, provided the same is completed prior to the expiration of the time set forth in the resolution. Upon compliance with the resolution by the owner, the proceedings hereunder shall be deemed terminated. If such nuisance is not completely abated by the owner, as directed, within the time set forth in the resolution, then the city manager shall cause the same to be abated by city personnel or private contract (authorized, if otherwise required, by the city council), and entry upon the premises is expressly authorized for such purposes.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.140)

Upon completion of the abatement by or under direction of the city manager, the city manager shall cause a report of the proceedings and account of the costs thereof to be prepared and shall submit it to the city clerk for submission to the city council for hearing thereon. The city clerk shall set a time and place for the city council to receive and consider the statement of cost, which shall be at least seven calendar days after the date of filing, and shall post a copy of said report and account and notice the time and place of hearing in a conspicuous place at or near the council chambers.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.150)

At the time and place set for receiving and considering the report and statement of cost, the city council shall hear and pass upon the statement of cost, together with any objections or protest raised by any interested parties. Thereupon, the city council may make any such revision, correction or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, or as revised, corrected or modified, shall be confirmed by resolution. Such hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances permit. The decision of the city council shall be final. The city's finance department may accept payment of any amount due prior to the city council hearing described in this section.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.160)

The city clerk shall give notice of the city council's decision regarding the statement of costs to the owner or owners of said property in one of the methods described in Section 8.32.040 of this chapter (excluding the need to insert a newspaper advertisement if service by posting is selected).

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.170)

The cost of abatement of a nuisance, as confirmed by resolution of the city council, shall constitute a special assessment against the property to which it relates, and after its recording as thus made and confirmed, the same shall constitute a lien on said property in the amount of such assessment. After the confirmation of the statement, a copy thereof shall be transmitted to the auditor, assessor and tax collector of the county by the city clerk, whereupon it shall be the duty of the auditor, assessor and tax collector, as appropriate, to add the amount of such assessment or assessments to the next regular bills of taxes levied against the respecting lot or parcel of land, and thereafter, the amount shall be collected at the same time and in the same manner as ordinary real property taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in the case of delinquency as provided for ordinary real property taxes. The provisions of Sections 39580--39585, inclusive, the state of California Government Code are incorporated by reference and made a part of this chapter.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.180)

Nothing in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil action or other judicial or administrative proceeding to abate the alleged nuisance or to obtain any other appropriate remedy in addition to, as an alternative to, or in conjunction with the procedures authorized by this chapter. Nor shall the implementation of this chapter be deemed to prevent appropriate authorities from commencing a criminal action based upon the conditions constituting the alleged nuisance.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.190)

Notwithstanding any other provision of this chapter, whenever the city manager determines that any real property or condition thereon is dangerous or constitutes an immediate threat to public health or safety, he or she shall, without being required to observe the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate such public nuisance. Where such condition obtains, and the abatement is immediately required, the city manager shall prepare a statement of costs in respect thereto, and the provisions of Sections 8.32.140 through 8.32.180 of this chapter shall apply. (Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.200)

Every person who causes or maintains any public nuisance as defined in this chapter, or who fails to comply with an order of abatement made pursuant to this chapter, is guilty of a violation of this chapter and upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.32.010 through 1.32.020 of this code.

(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.210)