Article 5 — Condition of Premises

It is unlawful for any owner, lessee or occupant of buildings, grounds or lots to keep or maintain, or allow to grow or to accumulate any grass, weeds or other obstructions on or adjacent to sidewalks, parkings or streets and any dirt, rubbish, weeds and rank growths, or other materials dangerous or injurious to neighboring property, or the health or welfare of residents of the vicinity, in or upon any buildings or grounds within the City, where the Council has made and entered its order of abatement as provided in this article and the same has not been thereafter abated by the owner, lessee or occupant as provided in this article. (Prior code § 33-28)

It is unlawful for any person to keep or accumulate, or cause or permit to be kept or accumulated, any garbage upon any premises owned, controlled or occupied by him or her in the City, unless the same is enclosed in a garbage container as prescribed in this chapter, or to keep any garbage on or about such premises for a period of more than one week. (Prior code § 33-29)

It is unlawful for any person to keep or accumulate, or cause or permit to be kept or accumulated, upon any premises owned, controlled or occupied by him or her in the City, any rubbish, animal or vegetable matter, filth, slop, stagnant water or other waste or matter which is or which is liable to become putrid or offensive, or which is or which is liable to become a fire menace or a menace to health or safety, for a period of more than 15 days. It shall be the duty of each such person to cause any such accumulation promptly to be handled, treated, placed and disposed of as contemplated or required in this chapter.

(Prior code § 33-30)

It is unlawful for any person to keep or accumulate, or cause or permit to be kept or accumulated, any garbage upon any premises owned, controlled or occupied by him or her in the City for a period of more than seven days.

(Prior code § 33-31)

It is unlawful for any person, either as a tenant, occupant or owner of any property to keep or accumulate, or cause or permit to be kept or accumulated upon any premises owned, controlled or occupied by him or her in the City, any rubbish, animal or vegetable matter, filth, slop, stagnant water or other waste or matter which is, or which is liable to become, a fire menace or a menace to health or safety, for a period of more than seven days. (Prior code § 33-32)

§ 13.20.330. Defense for violation of Section 13.20.310 or 13.20.320.

It shall be a defense as to any charge alleging a violation of either Section 13.20.310 or 13.20.320, that at the time such offense allegedly occurred the person had a valid agreement then current and in effect with a duly licensed or franchised garbage or rubbish collector or collectors within the City for the collection of garbage or refuse at his or her premises. However, the defense must be asserted by the person so charged and the burden of proof shall be upon such person so charged to show that such agreement was in full force and effect at the time of the alleged violation.

(Prior code § 33-33)

• A. Violation of this article is hereby declared to be a public nuisance which may be abated as provided in Part 3 of Division 4 of the Civil Code of the State and in Chapter 2 of Title 10 of Part 2 of the Civil Code of Procedure of the State, which shall be in addition to any other remedy provided in this Code or Section 372 of the Penal Code of the State.

• B. The accumulation of garbage or rubbish by any person beyond the periods specified in the foregoing sections, or in a manner other than as specified, is hereby declared to be a nuisance, pursuant to Section 38771 of the Government Code of the State. The City Council, pursuant to Section 38773 of the Government Code of the State hereby provides for the summary abatement of such nuisances at the expense of the person or persons creating, causing or maintaining the same as follows:

  1. If the City Manager or duly authorized representative determines that a person at a certain address is maintaining or permitting a nuisance as defined in this section, he or she shall within five days notify such person, in writing, of the fact that he or she is conducting a nuisance as defined herein and requiring him or her within 10 days to abate the nuisance or to cause the nuisance to be abated within legal means as provided in this article.

  2. If, at the end of the 10-day period, the person has not abated or caused to be abated the nuisance, the City Manager or duly authorized representative shall have the power and authority to authorize the contractor to enter the premises of the person and remove and abate the nuisance and charge the person for the cost of the removal and abatement of the nuisance.

  3. Thereafter, if the person should continue to allow garbage or rubbish to accumulate for periods beyond those specified herein, the City Manager or duly authorized representative shall have the power to order the contractor to continue to enter the premises and remove and abate the nuisance, charging such person for the cost thereof.

(Prior code § 33-34)

The City Council may by resolution declare as a public nuisance the maintenance, growth or accumulation of grass, weeds or other obstructions to the use of sidewalks, parkings or streets, or the maintenance, growth or accumulation of dirt, rubbish, weeds, rank growths or other materials dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity, upon or in buildings, grounds, adjacent sidewalks, lands and lots within the City. (Prior code § 33-35)

The resolution of City Council authorized in Section 13.20.350 shall refer to the street by its commonly known name and shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official assessment map. Any number of streets, sidewalks or parcels of private property may be included in one resolution. The resolution shall specify that the Superintendent of Streets shall be responsible for giving notice to abate, abating the nuisance and otherwise performing the provisions of this article, and if the resolution fails to specify such a City officer, the Superintendent of Streets shall perform the provisions herein contained.

(Prior code § 33-36)

• A. After passage of a resolution under Section 13.20.350, the City officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He or she shall post:

  1. One notice to each separately owned parcel of property of not over 50 feet frontage.

  2. Not more than two notices to any such parcel of 100 feet frontage or less.

  3. Notices at not more than 100 feet apart if the frontage of such a parcel is greater than 100 feet.

• B. The notice shall be posted at least five days prior to the time for hearing objections by the Council.

(Prior code § 33-37)

The heading of the notice posted under Section 13.20.370 shall be "Notice to Destroy Weeds and Rank Growths and to Remove Rubbish, Refuse, and Dirt" in letters not less than one inch in height. The notice shall be substantially in the following form:

NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT

Notice is hereby given that on the day of_________, 20_________, the City Council of the City of Paramount adopted a resolution declaring that grass, weeds, or other obstructions were growing upon or had accumulated upon or in front of the property on this street obstructing the use of sidewalks, parkings, or streets, and that dirt, rubbish, weeds, and other material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity, to wit:_________ were upon or in the building or buildings, property, lands, or lots abutting upon this street, commonly known as and more particularly described in Resolution No. _________ of said City Council, and that the same constitute a public nuisance which must be abated by the removal thereof. Otherwise they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the same are removed and will constitute a lien upon such land until paid. Reference is hereby made to Resolution No. _________ of the City Council of the City of Paramount for further particulars. A copy of said Resolution is on file in the office of the City Clerk, City Hall, 16400 Colorado Avenue, Paramount, California.

All property owners having any objections to the proposed removal of said weeds, rubbish, refuse, dirt, rank growths, or other material dangerous or injurious to neighboring property as aforesaid, are hereby notified to attend a meeting of the City Council of the City of Paramount to be held on the _________ day of , 20, at the hour of _________o'clock _________.m. in the Council Chambers at 16400 Colorado Avenue, Paramount, California, at which time their objections will be heard and considered.

(Prior code § 33-38)

At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the public nuisance. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing the Council shall allow or overrule any objections. The decision of the Council shall be final and conclusive and need not depend upon any particular evidence or showing of proof. (Prior code § 33-39)

At the conclusion of a hearing, the City Council shall order the City officer to abate the nuisance by entering upon private property to abate and remove the same as to those nuisances to which no objection had been made and those nuisances where the Council had overruled the objection. (Prior code § 33-40)

A City officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of the abatement order forthwith upon those persons set forth in Section 13.20.280, if the same can be located, and if the same cannot be located, by posting a copy of the abatement order on the front of the property where the nuisance will be abated. The abatement order shall specify that unless such person removes and abates the nuisance within 15 days from the date of mailing or date of posting, whichever shall apply, the City officer will abate the same and will if necessary enter upon or into the private property of the person without further notice or liability therefor in order to abate the nuisance. (Prior code § 33-41)

The City officer shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him or her. He or she shall submit to the City Council for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three days prior to its submission to the Council on or near the Council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the Council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The Council shall then confirm the report by motion or resolution. (Prior code § 33-42)

The cost of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel. (Prior code § 33-43)

After confirmation of the report submitted under Section 13.20.420, a certified copy of the same shall be filed with the County Auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map book for the current year. The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his or her discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of County taxes shall apply to such special assessment taxes.

(Prior code § 33-44)

The City officer specified in the resolution passed under this chapter may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report, prior to August 1st of the current year.

(Prior code § 33-45)

The City Council may order refunded all or part of a tax paid pursuant to the provisions of this article, if it finds that all or part of the taxes have been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the City Clerk on or before March 1st after the taxes became due and payable. The claim shall be verified by the person who paid the tax. (Prior code § 33-46)