Chapter 12.08 — WEED AND RUBBISH ABATEMENT[1 ]

No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the city shall permit weeds to remain upon the premises, public sidewalks, streets, or alleys between the premises and the centerline of any public street or alley.

"Weeds," as used in this chapter, means all weeds growing upon streets, alleys, sidewalks, or private property in the city and includes any of the following:

• (a) Weeds which bear or may bear seeds of a downy or wingy nature;

• (b) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

• (c) Weeds which are otherwise noxious or dangerous, including but not limited to pampas grass (Cortaderia selloana) and jubata grass (Cortaderia jubata);

• (d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

• (e) Accumulation of garden refuse, cuttings and other combustible trash.

Every property owner shall remove or destroy such weeds from his or her property, and in the abutting half of any street or alley between the lot lines as extended.

This chapter of the code is enacted for the purpose of providing for the summary abatement of such public nuisances under the provisions of Section 38773.5 of the Government Code of the state of California.

(Formerly 12.12.010; Ord. 02-13 § 2, 2002; Ord. 02-29 § 1, 2002)

Whenever any such weeds accumulate to the point that they become a public nuisance, the chief of the fire department shall give notice to the owner of the property on which the nuisance exists in conformity with PGMC § 1.12.010 that unless the nuisance be abated within 10 days by the destruction or removal of the weeds, the work of abating the nuisance will be done by city authorities, or a contractor designated by the city council, and the expense thereof assessed upon the lots and lands from which, and or in the front and rear of which, weeds have been destroyed or removed.

(Formerly 12.12.020; Ord. 02-13 § 2, 2002)

A property owner, on payment of a fee established by resolution of the council, may appeal the determination that the weeds on or about his/her property constitute a public nuisance, to the board of administrative appeals, which shall consist of three residents of the city appointed by

1. Editor's Note: Chapter 12.08, formerly Chapter 12.12, was renumbered during the codification of Ord. 12-017 to improve title organization.

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City of Pacific Grove, CA § 12.08.030

PACIFIC GROVE CODE

§ 12.08.060

the mayor with the consent of the council, for terms established by the council. The board shall give five days' notice to the property owner and to the fire chief of its hearing on the matter, and shall render its decision within 10 days of the date of appeal. Failure to render a decision in that time shall constitute a granting of the appeal. An affirmative vote of a majority of the total members of the board shall be required for action by the board. (Formerly 12.12.030; Ord. 02-13 § 2, 2002; Ord. 02-30 § 7, 2002)

If the weeds constituting a nuisance have not been removed within 10 days of the giving of notice thereof as provided in PGMC § 12.08.020, or in the event of an appeal under PGMC § 12.08.030 within 10 days of the decision of the board confirming the determination of the fire chief, then the fire chief, his or her deputies, assistants, or city employees, contracting agents, or other representatives, shall enter upon the private property on which the nuisance exists for the purpose of abating the nuisance. The abatement shall be done by spraying, disking and mowing, unless it is determined by the fire chief that such a procedure is impractical. It is unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the fire chief, or city employees or contracting agents to enter upon the premises for the purpose of abating the nuisance.

(Formerly 12.12.040; Ord. 02-13 § 2, 2002)

Within 30 days after abatement of the nuisance, the fire chief shall notify the owner of the property as shown on the last equalized assessment roll in conformity with PGMC § 1.12.010 of the cost of the abatement, which cost shall include a fee of 20 percent of the cost of clearance for administrative expenses.

The owner may file a written protest objecting to the amount of the assessment with the city clerk within 30 days. The city clerk shall set the matter for a public hearing by the board of administrative appeals. The decision of the board shall be final. If the amount due the city is not paid within 10 days of the decision of the board, or the expiration of the time in which to file an appeal, a collection fee as established by resolution of the council shall be added to the amount due the city, and interest at a rate as established by resolution of the council shall be charged to the total amount due from the date of the decision of the board or of the expiration. The city council may by resolution confirm the amount due the city and, as so confirmed, the amount shall become a special assessment against the parcel in question and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the auditor of Monterey County, on or before the tenth day of August following such confirmation, so that the auditor may enter the amounts of the respective assessments against the respective parcels of lands as they appear on the current assessment roll, and the tax collector may include the amount of the assessment on bills for taxes levied against the respective lots and parcels of land. Procedures for collection and the incidence of the assessment shall otherwise be the same as those set forth in Article 3, Chapter 4, Division 12, of the Health and Safety Code of the state of California, pursuant to the authority in Section 38773.5 of the Government Code of the state of California.

(Formerly 12.12.050; Ord. 02-13 § 2, 2002)

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City of Pacific Grove, CA

TREES AND THE URBAN FOREST

§ 12.08.060

§ 12.08.060

A violation of this chapter shall constitute an infraction, and may be enforced pursuant to Chapter 1.16 PGMC.

(Formerly 12.12.060; Ord. 02-13 § 2, 2002; Ord. 08-006 § 45, 2008)

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City of Pacific Grove, CA § 12.10.010

TREES AND THE URBAN FOREST

§ 12.10.020