Chapter 8.08 — WEED ABATEMENT

• For abatement provisions pertaining to nuisances other than weeds - See Chapter 9.56. Legislative body may declare weeds a nuisance and order the abatement thereof - See Gov. C.A. § 39561. City may compel removal of dirt, rubbish, weeds, etc. - See Gov. C.A. §§ 39501-39502.

The purpose of this chapter is to prohibit weeds on property within the city. In establishing these procedures and standards, it is the city's intent to ensure that all activities taken to abate weeds are sufficient to increase public safety, to preserve aesthetically or environmentally desirable trees, shrubs, hedges, and plants, and to prevent the displacement of wildlife habitats.

(Ord. 5555 § 3 (part), 2022)

(a) 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, or public sidewalks, or encroach into any parkland (including any weeds encroaching over fences, or streets, or alleys between the premises and the center line of any public street or alley.

(b) "Weeds" as used in this chapter means and includes any of the following, growing upon streets, parks, public places, or private property in the city:

(1) Plants which bear or may bear seeds of a downy or wingy nature.

(2) Plants, shrubs, hedges, and trees determined by the Fire Marshall to constitute a fire menace due to their species, proximity to ignition sources, and high potential to endanger nearby buildings.

(3) Plants and shrubs which are otherwise noxious or dangerous.

(4) Invasive plants, shrubs, hedges, and trees having high potential to invade adjacent properties and high ecological impacts in the region as defined by the California Invasive Plant Council.

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

(6) Accumulations of garden refuse, cuttings, and other combustible trash.

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

(Ord. 5557 § 3 (part), 2022: Ord. 3982 § 1 (part), 1990: Ord. 1313 (part), 1950: prior code § 32.01)

Whenever any such weeds are growing upon any private property or properties or in any street or alley within the city, the council shall pass a resolution declaring the same to be a public nuisance and order the fire chief or urban forester to give notice of the passage of such resolution as herein provided, and stating therein that, unless such nuisance is abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the city authorities, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds.

(Ord. 5557 § 3 (part), 2022: Ord. 3982 § 1 (part), 1990: Ord. 3192 § 1 (part), 1980: Ord. 2662 § 23 (part), 1972: Ord. 1313 (part), 1950: prior code § 32.02)

(a) The fire chief or urban forester shall cause to be published a public notice in substantially the following form:

NOTICE TO DESTROY WEEDS

NOTICE IS HEREBY GIVEN that on ______, 20 __, pursuant to the provisions of Section8.08.020 of the Palo Alto Municipal Code, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section 8.08.010 of the Palo Alto Municipal Code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall without delay remove all such weeds from their property, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or moved and such nuisance abated by the city authorities, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Council of said city, to be held in the Council Chamber of the City Hall in said city on ___, 20, at seven p.m., when and where their objections will be heard and given due consideration.

Date __________________, 20

Fire Chief or Urban Forester

City of Palo Alto

(b) Such notice shall be published at least twice in a newspaper published and circulated within the city, the first publication of which shall be at least ten days prior to the time fixed by the council for hearing objections.

(Ord. 5557 § 3 (part), 2022: Ord. 4642 § 7, 2000: Ord. 3982 § 1 (part), 1990: Ord. 2662 § 23 (part), 1972: Ord. 1313 (part), 1950: prior code § 32.03)

At the time stated in the notice, the council shall hear and consider any and all objections to the proposed destruction or removal of such weeds and may continue the hearing from time to time. The council, by motion or resolution, shall allow or overrule any or all objections, if any, after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction and removal of such weeds.

(Ord. 5557 § 3 (part), 2022: Ord. 3982 § 1 (part), 1990: Ord. 1313 (part), 1950: prior code § 32.04)

The council shall by resolution order the fire chief or urban forester to abate such nuisance, or cause the same to be abated, by having the weeds referred to destroyed or removed, and the fire chief or urban forester and his deputies, assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to destroy or remove such weeds themselves or have the same destroyed or removed at their own expense; provided that such weeds shall have been removed prior to the arrival of the fire chief or urban forester or their authorized representatives to remove them.

(Ord. 5557 § 3 (part), 2022: Ord. 3982 § 1 (part), 1990: Ord. 3192 § 1 (part), 1980: Ord. 2662 § 23 (part), 1972: Ord. 1313 (part), 1950: prior code § 32.05)

The fire chief or urban forester shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the city council, which shall be filed with the clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land.

(Ord. 5557 § 3 (part), 2022: Ord. 3982 § 1 (part), 1990: Ord. 3192 § 1 (part), 1980: Ord. 2662 § 23 (part), 1972: Ord. 1313 (part), 1950: prior code § 32.06)

The city clerk shall post a copy of such report and assessment list on the bulletin board near the entrance door at the City Hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the city. The posting and first publication of said notice shall be made and completed at least ten days before the time such report shall have been submitted to the city council. Such notice, as so posted and published, shall be substantially in the following form:

NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT

NOTICE IS HEREBY GIVEN that on ____, 20, the Fire Chief or Urban Forester of the City of Palo Alto filed with the City Clerk of said city a report and assessment on abatement of weeds within said city, a copy of which is posted on the bulletin board at the entrance to the City Hall.

NOTICE IS FURTHER GIVEN that on _____, 20, at the hour of seven p.m., in the Council Chambers of said City Hall, said report and assessment list will be presented to the City Council of said City for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

Date __________, 20

City Clerk of the City of Palo Alto

(Ord. 5557 § 3 (part), 2022: Ord. 4642 § 8, 2000: Ord. 3982 § 1 (part), 1990: Ord. 3192 § 1 (part), 1980: Ord. 2662 § 23 (part), 1972: Ord. 1313 (part), 1950: prior code § 32.07)

(a) At the time and place fixed for receiving and considering such report the city council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance, and the fire chief or urban forester shall attend such meeting with their record thereof, and upon such hearing, the council may make such modifications in the proposed assessments therefore as it may deem necessary, after which such report and assessment list shall be confirmed by resolution.

(b) The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report, shall constitute special assessments against such respective lots or parcels of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessments, until paid.

(Ord. 5557 § 3 (part), 2022: Ord. 3982 § 1 (part), 1990: Ord. 3192 § 1 (part), 1980: Ord. 2662 § 23 (part), 1972: Ord. 1313 (part), 1950: prior code § 32.08)

On or before the first day of September of each year, the amounts of such assessments against the respective parcels of land shall be entered on the next tax roll which general city taxes are to be collected. Thereafter, such amounts shall be collected at the same time, and in the same manner, as general city taxes are collected, and shall be subject to the same interest and penalties, and the same procedure and sale in case of delinquencies. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessments.

(Ord. 3982 § 1 (part) 1990: Ord. 2452 § 7, 1968: Ord. 1313 (part), 1950: prior code § 32.09)