Oceanside Municipal Code Art. II Weed Abatement

Footnotes:

--- (3) ---

State Law reference— Abatement of weeds, refuse and rubbish by cities, Government Code, § 39500 et seq.

A public nuisance within the scope of this article may be defined as any property within the city on which vegetation or debris creating a fire hazard exists.

(Ord. No. 91-54, § 1, 11-13-91)

The provisions of this article shall be administered and enforced by the fire chief. In the enforcement of this article, the fire chief and/or his or her designees 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 this article.

(Ord. No. 91-54, § 1, 11-13-91)

Whenever the fire chief, or such other city official as may be designated by the city manager, determines that any premises within the city fall within the definitions set forth in section 17.16 of this article, then the fire chief shall cause notice to be given in the manner provided in this article for the holding of a public hearing to ascertain whether the premises do in fact constitute a public nuisance subject to abatement under the police power of the city.

(Ord. No. 91-54, § 1, 11-13-91)

Notice of the time and place of hearing before the city council shall be titled, "NOTICE OF HEARING", and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART

Notice is hereby given that on the _____ day of ________, 19___, at the hour of _____, the City Council of the City of Oceanside will hold a public hearing in the Council Chambers of the Oceanside Civic Center, located at 300 North Hill St., Oceanside, California, to ascertain whether certain premises situated in the City of Oceanside, State of California, generally described as follows:

_____ _____

constitute a public nuisance subject to abatement by the removal of the condition(s) creating the nuisance. If the premises or conditions existing on the premises, in whole or part, are found to constitute a public nuisance as defined by section 17.16 of the Oceanside City Code, and if the nuisance is not promptly abated by the owner, the nuisance may be abated by municipal authorities and the abatement costs will be assessed against the persons creating, causing, committing, maintaining or permitting the nuisance. The abatement costs will constitute a lien against the public premises until paid.

All persons having any objection to, or interest in this matter are hereby notified to attend a meeting of the City Council of the City of Oceanside to be held on the _____ day of ________, 19___, at the hour of _____, when their testimony and evidence will be heard and given due consideration.

DATED:

Fire Chief City of Oceanside

(Ord. No. 91-54, § 1, 11-13-91)

At least five (5) days before the date specified in the notice described in section 17.19, the enforcing officer shall cause a copy or copies of the notice to be mailed to each person to whom the subject property is assessed as identified in the last equalized assessment roll available on the first day of the month in which the notice is to be mailed.

(Ord. No. 91-54, § 1, 11-13-91)

At the time and place specified in the notice described in section 17.19, the council shall hear and consider any and all evidence and objections regarding the alleged public nuisance. The council may continue the hearing and consideration from time to time. At the conclusion of the hearing, the council shall determine whether a public nuisance exists on the subject property. The determination of the council shall be final. If the council determines that a public nuisance exists on the subject property, the council shall by resolution, state, determine and order as follows:

(1) The factors, things, conditions, or otherwise, which cause or constitute the public nuisance;

(2) The public nuisance shall be abated;

(3) The date by which the persons creating, causing, committing or maintaining such public nuisance will be allowed to abate it; and that if such public nuisance is not abated on or before such date, the council will cause the abatement thereof and will make the expense of abatement a lien against the subject property and a personal obligation against the property owner of the subject property.

(Ord. No. 91-54, § 1, 11-13-91)

At least five (5) days prior to the date stated in subparagraph (2) of section 17.21, the enforcing officer shall cause a copy or copies of the resolution mentioned in section 17.21 to be mailed in the same manner as stated in section 17.20.

(Ord. No. 91-54, § 1, 11-13-91)

In the event such public nuisance is not abated on or before the date set forth in the resolution ordering the abatement (described in subparagraph (2) of section 17.21) the enforcing officer is automatically authorized and directed to cause the abatement thereof by city agents, employees or by private contract. City agents or employees or its private contractors and their employees, may enter upon the subject property to abate the nuisance as provided by law.

(Ord. No. 91-54, § 1, 11-13-91)

The enforcing officer shall keep an account of the cost of such abatement and on its completion, the enforcing officer shall write a report stating the cost. The report shall specify the time and place at which the city council will receive and consider such report and any objections.

(Ord. No. 91-54, § 1, 11-13-91)

At least five (5) days prior to the date set forth in the report described in section 17.24, the enforcing officer shall cause a copy or copies of such report to be posted on or near the city council chambers door with a notice of the time and place at which the city council will receive and consider such report.

(Ord. No. 91-54, § 1, 11-13-91)

At the time and place specified in the report, the council shall hear and consider any and all evidence and objections regarding the cost of abatement. The hearing and consideration may be continued from time to time. At the conclusion of the hearing, the council shall, by resolution:

(1) Determine the correct abatement cost;

(2) If necessary, modify the cost report to conform to the correct abatement cost;

(3) Confirm the report as presented or modified;

(4) Set forth a general description of the property with information sufficient to identify the property to the county assessor.

The decision of the council shall be final.

(Ord. No. 91-54, § 1, 11-13-91)

(a) The cost of abatement, as confirmed, shall be a:

(1) Personal obligation of the person creating, causing, committing or maintaining the nuisance abated;

(2) Lien against the subject property;

(3) Personal obligation of the property owner of the subject property; and

(4) Special assessment against the subject property.

(b) The cost of abatement, as confirmed, may be collected by the city by any or all of the following or any other lawful means:

(1) Recordation in the office of the county recorder of a certified copy of the resolution confirming the abatement cost report to give notice of the lien;

(2) Civil action by the city;

(3) Filing a certified copy of the resolution conforming the abatement cost report with the auditor of the county who shall enter the assessment on the county tax roll opposite the subject property. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. The legislative body may determine that in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, an assessment of five hundred dollars ($500.00) or more may be made in annual installments, in any event not to exceed five (5), and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. The payment of deferred assessments shall bear interest on the unpaid balance at the rate of eight (8) percent per year.

(Ord. No. 91-54, § 1, 11-13-91)