Oroville Municipal Code Art. 2 Yard Waste, Weeds, MSW Recyclable Material and Organic Waste, and Rubble

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Grass," "weeds" or "plants"

means grass, weeds or plants which when mature will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.

"Owner"

means the legal owner of real property fronting on any street; and as used in this chapter the singular shall include the plural, and shall include an individual, a firm, an association, a corporation, a partnership and the lessees, trustees, agents, employees, and representatives of any such owner. Proof of the assessment of any real property, the subject of this chapter, to any person or legal entity on the official assessor's rolls shall constitute prima facie evidence that such person or legal entity to whom such property is so assessed is the legal owner thereof.

"Public street" or "streets"

means all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way or any portions thereof of the city.

"Rubble"

means any rubble, residue, structure or part or portions of a structure, remaining after the demolition or partial demolition of any building or structure in the city.

(Ord. 1165; Ord. 1184; Ord. 1192 § 1; Ord. 1861 § 2, 2021)

A. Yard Waste and Weeds Etc. Every owner of real property within the corporate limits of the city shall remove and destroy all grass, weeds or plants as defined in Section 13.08.170 from such real property and from in front of such real property from the property line thereof to the curb line of the street upon which such real property abuts.

B. MSW, Recyclable Material, Organic Waste and Rubble. Every owner of real property within the corporate limits of the city shall keep such real property, and the real property in front of the same from the property line thereof to the curb line of the street upon which such real property abuts, free and clear of all MSW, recyclable material, organic waste and rubble.

C. Rubble. Every owner of real property within the corporate limits of the city shall keep such real property free and clear of all rubble.

(Ord. 1165; Ord. 1184; Ord. 1861 § 2, 2021)

Upon removal, such yard waste, grass, weeds or plants, MSW, recyclable material and organic waste and rubble shall not be placed, deposited, or dumped in the public streets; or placed, deposited or dumped between the property line and the curb line.

(Ord. 1165; Ord. 1184; Ord. 1861 § 2, 2021)

A. Publication. The fire chief shall cause to be published 2 notices in the Oroville Mercury Register between April 1st and 20th, which notices shall in each publication provide as follows:

B. Mailing—Protests—Failure to Comply.

1. Upon the failure of the owner of any real property in the city to remove or destroy such yard waste, grass, weeds or plants, or remove such MSW, recyclable material, organic waste and rubble from such real property, or to remove or destroy such yard waste, grass, weeds or plants, or to remove such MSW, recyclable material, organic waste or rubble from in front of such real property from the property line thereof to the curb line of the street upon which such real property abuts, such owner shall be given notice by the fire chief of the city to remove or destroy the same within a period of 10 days. Such notice shall be in writing or printed and shall be dated. The fire chief shall mail written notices in substantially the same form as provided in subsection C of this section; except, that the fire chief shall sign such notice that is to be mailed to the owner to whom the real property is assessed on the last equalized assessment roll, and that is to be mailed to the address shown on the assessment roll.

2. Before the end of the period mentioned in such notice, the owner, if he or she has any objection thereto, may file with the city clerk a protest in writing setting forth the legal and factual reasons on which the objection to such notice of proposed removal or destruction is based. If, at the end of such period mentioned in such notice, such owner has failed to comply with the notice; and if he or she has failed to file a written protest with the city clerk, a citation shall be issued and duly served upon such owner for violation of this chapter. If a written protest is filed with the city clerk, and if the city clerk or the fire chief believes the protest to be without merit, then the written protest shall be referred to the city council for a hearing and decision thereon. The city council may hear the protest at a regular or special meeting, and the city clerk shall mail, at least 7 days before the hearing, a notice of the date and time of the hearing before the city council, to the owner who has filed a written protest of the proposed removal. If the city council finds the written protest and the oral testimony, if any, without merit and overrules the protest, then the city clerk shall mail to the owner a notice giving the substance of the decision of the city council, and then if the owner does not him or herself at his or her own expense make the removal within 5 days thereafter, a citation shall be duly issued and served upon such owner for the violation of this chapter.

C. Form. The heading of the notice to be given by the fire chief shall be "NOTICE TO DESTROY OR REMOVE YARD WASTE, GRASS, WEEDS OR PLANTS, AND REMOVE MSW, RECYCLABLE MATERIAL, ORGANIC WASTE AND RUBBLE," and the notice shall be substantially in the following form:

(Ord. 1165; Ord. 1184; Ord. 1717 §§ 1, 2; Ord. 1861 § 2, 2021)

The fire chief, his or her assistants and deputies, city employees or other public official designated by the city council may enter upon private property to perform the duties imposed by this chapter.

(Ord. 1165; Ord. 1184; Ord. 1861 § 2, 2021)

Upon completion of the work of destruction or removal of yard waste, grass, weeds or plants, or to remove such MSW, recyclable material, organic waste or rubble by the city, the fire chief shall notify the city clerk that such work has been completed and shall, in writing, inform the city clerk of the cost of performing the same, and the city clerk shall in turn notify the owner of the real property in writing of the cost of such work. If the owner fails or refuses to pay to the city the amount of cost of such work within a period of 30 days from the date of such notice, then the city clerk shall record in a book to be kept for that purpose the name of the owner of the property, a description of the property sufficient for identification, and the amount of the charges against such real property for doing the work, removal or destruction of yard waste, grass, weeds or plants, or to remove such MSW, recyclable material, organic waste or rubble from such property. From and after the date that such entry is so made, the amount charged against such real property, which amount shall include the cost of removing the yard waste, grass, weeds or plants, or to remove such MSW, recyclable material, organic waste or rubble from in front of such real property from the property line thereof to the curb line of the street upon which such real property abuts, shall constitute a special assessment against such real property which has been described in the posted notice, and shall be a lien against such real property; and the amount of such special assessment shall be added to the next regular bill for taxes levied against such real property for municipal purposes.

(Ord. 1165; Ord. 1184; Ord. 1861 § 2, 2021)

The amount of the assessment shall be collected at the time and in the manner ordinary municipal taxes are collected. If delinquent, the amount is subject to the same penalties and the same procedure of foreclosure and sale provided for in ordinary municipal taxes.

(Ord. 1165; Ord. 1184; Ord. 1861 § 2, 2021)

The city council may order refunded all or part of a special assessment paid pursuant to this chapter if it finds that all or part of the special assessment has been erroneously levied. A special assessment or portion thereof shall not be refunded unless a claim is filed with the city clerk on or before March 1st after the special assessment became due and payable. The claim shall be verified by the owner who paid the tax, or his/her guardian, executor, administrator, assignee or successor in interest.

(Ord. 1165; Ord. 1184; Ord. 1861 § 2, 2021)