Oceanside Municipal Code Art. III Abatement of Certain Vegetation and Waste Matter

A. Any vegetation growing upon the streets, sidewalks or upon private or public property within the City of Oceanside which by reason of its size, type, manner of growth, proximity to any building, or improvements which, when dry, will with reasonable probability constitute a fire hazard, said vegetation or other items are hereby declared to be a public nuisance and shall be abated to the satisfaction of the fire chief or his authorized representative.

B. Cultivated and useful grasses and pasture shall not be declared a public nuisance. However, if the fire chief or his authorized representative determines that a hazard exists to adjacent improved property should a fire condition occur, an adequate fire break may be required.

(Ord. No. 96-03, § 1, 3-20-96)

Abatement pursuant to this article shall be defined as the removal of the hazard or nuisance as defined by this article.

It shall be the responsibility of the property owner to insure compliance with the requirements of this article particularly if the property is protected open space easement or is subject to protection under the Sensitive Lands Ordinance of the County of San Diego or federal endangered species protection acts. Violations of the Sensitive Lands Ordinance of the County of San Diego or federal endangered species protection acts shall be subject to penalties as described therein.

(Ord. No. 96-03, § 1, 3-20-96)

Waste matter is hereinafter defined as matter, which by reason of its location and/or character may hamper or interfere with the prevention or suppression of fire upon the premises or adjacent premises. The requirement to abate same as defined herein or by section 11.28 is hereby declared a public nuisance.

(Ord. No. 96-03, § 1, 3-20-96)

Waste matter is defined for this article as unused or discarded matter having no substantial value and which is exposed to the elements not enclosed in any structure or concealed from public view. These items consist (without limitation or exclusion by enumeration) of such matter and/or material such as: rubble, asphalt and any combustible non-functioning material.

(Ord. No. 96-03, § 1, 3-20-96)

If it is determined that a public nuisance as herein defined exists on any lot, premise, sidewalk, parking lot or street adjacent areas, the fire chief or his authorized representative upon discovery shall cause a notice to be issued to abate such nuisance. Such notice shall be headed: "NOTICE TO ABATE HAZARD" and refer to this article and section for particulars.

Notices served by means other than posting as provided by this article shall contain a description of the property reasonably sufficient to identify the location of the property and location of the nuisance thereon.

(Ord. No. 96-03, § 1, 3-20-96)

In the case of weeds/vegetation which have previously been declared to constitute a seasonal and/or recurring nuisance, it is sufficient to mail a post card 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 "nuisance" or dangerous weeds of a seasonal and recurrent nature are growing on the property and that the same constitute a public nuisance which must be abated by removal. If not removed by the property owner, the fire chief or his authorized representative shall cause the abatement by removal. The cost of such removal shall be assessed upon the lot and/or lands from which nuisance is removed. Such assessment will constitute a lien upon such lots or lands until paid collected through tax assessment.

(Ord. No. 96-03, § 1, 3-20-96)