§ 6-9

(a) "Director" means the City Manager, or his or her designee. (b) "Weeds" means weeds that, when mature, bear wingy or downy seeds, that will attain such a large growth as to become a fire menace when dry, or that are otherwise noxious or dangerous, and includes any of the following: (1) Weeds that bear seeds of a downy or wingy nature. (2) Sagebrush, chaparral, and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent property. (3) Weeds that are otherwise noxious or dangerous. (4) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. (5) Dry grass, stubble, brush, litter, or other flammable material that endangers the public safety by creating a fire hazard. (c) "Street" includes public street, alley, lane, court or other place. (d) "In front of which the nuisance exists" includes to the rear of, and abutting, the property upon which the nuisance exists. (e) "Rubbish" or "refuse" means waste material such as wastepaper, wood, hay, straw, litter, or combustible or flammable waste. (§ 2, Ord. 2956, eff. October 4, 2012)

(a) It shall be unlawful, and it is hereby declared to constitute a public nuisance, for any property to be maintained in such a manner as to allow weeds, rubbish, refuse or dirt, or any combination thereof to exist thereon. (b) If the Director, after investigation, determines that weeds, rubbish, refuse, or dirt, or any combination thereof, exist on any premises or property public or private anywhere within the City, the Director shall cause to be served upon the owner and any lessee, occupant or person having charge of the affected premises, a Notice of Violation. The Notice of Violation shall list the conditions constituting a public nuisance and shall order the recipient(s) to abate the nuisance or nuisances listed in the Notice of Violation in accordance with Ontario Fire Department regulations existing at the time the Notice of Violation is issued. Any abatement of weeds within the City shall be done pursuant to a permit issued by the City. The Fire Marshal, or his or her designee, shall have the authority to promulgate rules and regulations for the issuance of abatement permits, in order to protect the public health, safety and welfare, so long as such rules and regulations are not inconsistent with this article. The Notice of Violation shall provide a reasonable time in which to abate the nuisance or nuisances cited in the Notice of Violation. The Notice of Violation shall provide that the owner and any lessee, occupant or person having charge of the affected premises, shall have ten (10) days to request an appeal of the Notice of Violation in writing to the Director. The Notice of Violation shall also state that failure on the part of the recipient(s) to abate the nuisance or nuisances cited may result in the Director causing the abatement of the nuisances or nuisance and that the cost of abatement including any and administrative and investigative costs will be assessed against the property, and shall also constitute a personal obligation of the recipient. The Notice shall also provide that a property subject to a special assessment may be sold after three (3) or more years by the tax collector for unpaid delinquent assessments. (c) Additionally, the Director may also find and declare that weeds and/or rubbish, refuse or dirt, or any combination thereof, on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this article, provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further notices need be issued or hearings need be held, and it shall be sufficient to mail a post card notice to the owner(s) of the property as they and their addresses appear upon the current assessment roll. Said notice shall refer to and describe the property, shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, that the same constitute a public nuisance that must be abated by the removal of said noxious or dangerous weeds, that otherwise they will be removed and the nuisance will be abated by the city, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed, and that upon confirmation such cost will constitute a lien upon and special assessment against such parcel or lands until paid and shall constitute a personal obligation of the recipient of the post card notice. (§ 2, Ord. 2956, eff. October 4, 2012)

(a) Where the Director finds and declares that weeds on specified parcels of property are seasonal and recurrent nuisances as provided in § 6-9.02(c), the Director may provide for the preventive abatement of such seasonal and recurrent nuisance as provided in this section. (b) The notice required by § 6-9.02(c) shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, weed seeds and weed seedlings and that the City may require preventive chemical control of such nuisance. (c) In the event the City is once required to abate such nuisance the City may, in addition, before and during the next following germinating season of such weeds, provide for the preventive abatement of such nuisance by using

chemical control of such weeds. (§ 2, Ord. 2956, eff. October 4, 2012)

After issuance of a Notice of Violation that has not been appealed, or appealed and the Notice of Violation upheld, the Director shall cause a notice of intent to abate weeds and remove refuse, rubbish and dirt to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The notice shall be posted as follows: (a) One (1) notice to each separately owned parcel of property of not over fifty (50) feet frontage. (b) Not more than two (2) notices to any such parcel of one hundred (100) feet frontage or less. (c) Notices at not more than one hundred (100) feet apart if the frontage of such a parcel is greater than one hundred (100) feet. (§ 2, Ord. 2956, eff. October 4, 2012)

The heading of the notices shall be "Notice to abate weeds and remove rubbish, refuse, or dirt" in letters not less than one (1) inch in height. (§ 2, Ord. 2956, eff. October 4, 2012)

The notice shall be substantially in the following form: "NOTICE TO ABATE WEEDS AND REMOVE RUBBISH, REFUSE, OR DIRT." (§ 2, Ord. 2956, eff. October 4, 2012)

As an alternative to posting a notice of intent to abate weeds and remove refuse, rubbish, and dirt, the Director may send the written notice of the proposed abatement by certified mail, return receipt requested to the property owner, as identified on the County Assessor's or County Recorder's records, as of the date of the Notice of Violation. (§ 2, Ord. 2956, eff. October 4, 2012)

Upon receipt of a written request for an appeal, the Director shall hear, or designate a hearing officer to hear, all appeals of or objections to a Notice of Violation or the City's abatement requirements for a specific parcel or property as detailed in a Notice of Violation, or any combination thereof. The decision of the Director or the designated hearing officer pertaining to the appeal or the objections to the Notice of Violation or the City's abatement requirement is final. Failure to file a written appeal within the required time, including the payment of any applicable appeal fee, shall constitute a failure to exhaust the recipient's administrative remedies. If the Notice of Violation is upheld and objections to abatement requirements are overruled, the Director acquires jurisdiction to proceed with the abatement of weeds, refuse, rubbish, and dirt. If the abatement requirements are modified or the appellant(s) agree to perform the abatement by a date certain as a result of the appeals hearing, the Director acquires jurisdiction to perform the

abatement work as modified by the appeals hearing and to proceed with the abatement work should the appellant(s) fail to fully perform the work by the agreed upon date. (§ 2, Ord. 2956, eff. October 4, 2012)

If appeals or objections have not been properly made to a Notice of Violation, or after the Director or designated hearing officer has disposed of such appeals or objections, the Director shall have the right to cause the abatement of the nuisance by having the weeds, rubbish, refuse, and dirt removed. (§ 2, Ord. 2956, eff. October 4, 2012)

The Director, or persons contracted by the City, may enter upon private property to abate the nuisance. (§ 2, Ord. 2956, eff. October 4, 2012)

Before the Director causes any abatement of weeds, rubbish, refuse or dirt, any property owner may remove the weeds, rubbish, refuse, or dirt at his own expense. Nevertheless, in any case in which an order to abate is issued, the City Council, by motion or resolution, may further order that a special assessment and lien be imposed pursuant to § 6-9.12. In that case the assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the parcel(s), including investigation, boundary determination, measurement, clerical, legal, and other related costs. (§ 2, Ord. 2956, eff. October 4, 2012)

(a) The cost of abatement in front of or upon each parcel of land and the costs incurred by the City in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, legal, and other related costs, as well as any fines or other financial penalties issued against the property, shall constitute a lien against that parcel and may be collected as a special assessment as specified in § 1-4.05 of this Municipal Code, and shall constitute a personal charge of the recipient of the notices required by this chapter. (b) The amount of the assessment shall be collected at the same time and in the same manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes; provided however, that the sale of the property for unpaid taxes may be conducted following three (3) years, rather than five (5) years, as provided by state law. (c) The Director may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessments of an amount determined by the Director may be made in annual installments and collected one (1) 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 procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate of six percent (6%) per annum. (§ 2, Ord. 2956, eff. October 4, 2012)

The lien of said assessment shall have the same priority as municipal taxes. (§ 2, Ord. 2956, eff. October 4, 2012)

The Director may order refunded all or part of an abatement charge paid pursuant to this chapter if the Director finds that all or part of the charge has been erroneously levied. An abatement charge, or part thereof, shall not be refunded unless and until a claim is filed with the City Clerk on or before November 1 after the tax became due and payable. The claim shall be verified by the person who paid the abatement charge, or by the person's guardian, conservator, executor, or administrator. (§ 2, Ord. 2956, eff. October 4, 2012)

If the Director finds that property damage was caused by the negligence of a city officer, employee or agent, in connection with the abatement of a nuisance pursuant to this chapter, a claim for such damages may be paid from the City general fund. Claims therefor are governed by Part 3 (commencing with § 900) and Part 4 (commencing with § 940) of Division 3.6 of Title 1 of the California Government Code and City procedures implementing such claims. (§ 2, Ord. 2956, eff. October 4, 2012)

CHAPTER 10: MASSAGE*

CHAPTER 10: MASSAGE* (REPEALED)

*Chapter 10 of Title 6, incorporating §§ 6-10.01 through 6-10.14, was repealed in its entirety by § 3, Ord. 2911, eff. October 1, 2009.

CHAPTER 11: CERTIFICATION OF WORKER COMPETENCY AND FOOD INDUSTRY SANITARY PROCEDURES

CHAPTER 11: CERTIFICATION OF WORKER COMPETENCY AND FOOD INDUSTRY SANITARY PROCEDURES

6-11.01 Adoption of County Ordinance No. 1964 providing for the certification of worker competency and food industry sanitary procedures 6-11.02 Definitions