Chapter 8.48 — WEEDS AND RUBBISH

This chapter shall be known and may be cited as "the weed abatement and assessment ordinance."

(Ord. 6667 § 1 (part), 1996: Ord. 3819 § 2, 1945: Ord. 3197 § 12-1/2, 1934)

Whenever the city manager or a designee shall find weeds, rubbish or any other material upon any property, lands or lots in the city or upon the street, parking or sidewalk adjacent thereto, which may endanger or injure neighboring property, or the health or welfare of the residents of the vicinity, he/she shall give, or cause to be given, notice to remove such weeds, rubbish or other material in the manner hereinafter provided.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 § 4 (part), 1970; Ord. 3778 § 1, 1944: Ord. 3197 § 1, 1934)

The notice shall be given by the city manager or designee as follows:

A.

By posting a notice upon the subject property, or upon the street, parking or sidewalk adjacent thereto, entitled "Notice To Clean Premises" in letters not less than 1″ in length, which shall in legible characters direct the removal of the weeds, rubbish or material, and refer to the ordinance codified herein for particulars.

B.

Within 3 days after such posting, by personally delivering to the owner or occupant, or agent in charge of such property, or mailing to such owner or owners as the name and addresses thereof appear on the ownership records in the office of the county tax assessor, or other known address, a notice containing the same information plus the amount to be charged to the owner of the property for doing said work. The charges shall be determined by the city manager or designee according to a rate schedule established by him/her.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 § 1, 1970: Ord. 4924 § 1, 1969; Ord. 3778 § 2, 1944: Ord. 3351 § 1, 1937: Ord. 3315 § 1, 1936; Ord. 3197 § 2, 1934)

A rate schedule shall be established by the city manager or designee which shall be based upon an estimate of the actual cost to the city of removing weeds, rubbish or other material from lots or parcels of land in the city, including overhead and incidental expenses. The schedule shall be reviewed by the city manager or designee from time to time and revised as necessary.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 § 2, 1970: Ord. 3819 § 1, 1945: Ord. 3197 § 2.5, 1934)

Within 10 days from the date of posting of such notice or in case of personal notice within 10 days from the date of personal service thereof, the owner of or any person interested in the property, land or lot which is affected by or abuts upon the street, parking or sidewalk which is affected by the notice, may appeal to the city council from the requirements thereof. Such appeal shall be in writing and shall be filed with the city clerk. At the next regular meeting of the city council it shall proceed to hear and rule upon the appeal and its decision thereupon shall be final and conclusive.

(Ord. 6667 § 1 (part), 1996: Ord. 3197 § 3, 1934)

Unless within 10 days from the date of the posting of the notice provided for in Section 8.48.030, or in case personal notice is given within 10 days from the date of the personal service thereof, or in case of appeal to the city council, within 10 days from the date of the determination thereof, unless the same is sustained, the weeds, rubbish or other material, as the case may be, are removed from said property, land, lot, street, parking or sidewalk as directed by the notice or by the city council on appeal, the city manager or designee shall thereupon cause the same to be removed. If upon appeal the requirements of the original notice are modified, the city manager or designee in causing such weeds, rubbish or other material to be removed shall be governed by the determination of said city council so made.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 § 4 (part), 1970; Ord. 3197 § 4, 1934)

A.

The city manager or designee shall cause to be kept in city files a permanent record showing the description of each parcel of property or lot on or for which a "Notice to Clean Premises" has been given in accordance with the provisions of this chapter, the amount of the charges computed as hereinabove provided for the removal of the weeds, rubbish or other material, and the penalty assessed for the delinquency in the payment thereof, as hereinafter provided.

B.

Entry shall be made in the permanent record of the amount of the charges apportioned to each parcel of property or lot forthwith upon ascertainment of the charges computed as hereinabove provided for the removal of such weeds, rubbish or other material, and a bill for the charges shall be mailed immediately to the last known address of the owner thereof. On the 1st day of June of each calendar year, all charges recorded between the last day of June of the preceding year and the 31st day of May of the current year shall become a special assessment against the respective parcels of property or lots, which assessment shall be enforced in the manner hereinafter provided.

C.

Each time the city manager or designee finds that it will be necessary to remove or clean weeds, rubbish or other material from any lot or parcel in the city which has already been posted and cleaned during the fiscal year, he/she shall repost the property with a "Notice to Clean Premises." Each time the property is so posted it shall be subject to additional billing and all of the appeal and special assessment provisions of this chapter. If any work is done in the month of June of any year for which a charge may be made, then such charge may be carried over and recorded in the record book for the following fiscal year.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 § 4 (part), 1970; Ord. 4924 § 2, 1969; Ord. 3778 § 3, 1944: Ord. 3315 § 2, 1936; Ord. 3197 § 5, 1934)

A.

Between the 1st and 5th days of June of each year, the city manager or designee shall cause to be published a notice for which a charge of $2.00 for each delinquency shall be collected in the same manner and at the same time as the charges hereunder, which amount must be paid into the city treasury and credited to the general fund of the city. The notice shall be to the effect that any person affected or aggrieved by any act or determination of the city manager or designee or of the city council made or done hereunder during the preceding fiscal year ending May 31st, for which charges remain unpaid, may at any time prior to the 10th day of June, appeal therefrom to the city council.

B.

The notice shall be published once in a newspaper of general circulation in the city, and shall further contain a statement that payment on account of charges made for removal by the city of any weeds, rubbish or other material, pursuant to the provisions of this chapter, will be delinquent from and after 5 p.m. on the 5th day of June following the date of publication of the notice, and that the penalty to be thereupon imposed for nonpayment of such charges made by the city after hearing and adjustment by the city council of all appeals will be ten percent (10%) of such charges so made or adjusted plus the cost of publishing the notice. Such appeal shall be in writing and shall be filed with the city clerk. At the next regular meeting of the city council after the 10th day of June it shall proceed to hear and pass upon such appeals and its determination thereupon shall be final and conclusive. The city manager or designee shall carry out any directions of the city council made upon determination of such appeals, and the director shall cause appropriate corrections and entries to be made in the director's record to conform therewith.

C.

Unless the charges constituting the special assessment provided in Section 8.48.070 are paid in full before 5 p.m. on the 5th day of June following the date of publication of the aforesaid notice, a penalty of ten percent (10%) of the amount of each such assessment and the $2.00 charge for publishing the aforesaid notice as hereinabove provided shall be added to the charges and become a part of such assessment.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 § 4 (part), 1970; Ord. 4923 § 3, 1969; Ord. 3948 §§ 1, 2, 1947: Ord. 3581 § 1, 1941; Ord. 3512 § 1, 1940: Ord. 3478 § 1, 1939; Ord. 3197 § 6, 1934)

A.

Within 5 calendar days of the June appeal hearing each year, the city manager or designee shall prepare an abstract of all unpaid entries in the record book herein provided to be kept for the preceding year ending May 31st. The abstract shall show the property affected and the amount charged against the same pursuant to the provisions of this chapter. The abstract shall be submitted to the city council for confirmation before the end of June of each year. The costs confirmed by the city council shall be submitted to the city's finance department between the 1st and 8th of July.

B.

After the confirmation of the abstract, the city's finance director shall transmit a copy thereof to the Los Angeles County assessor's office, whereupon it shall be the duty of the tax assessor to add the amounts of the assessment, or assessments, to the next regular bills or taxes levied against the respective lots and parcels of land for municipal purposes.

C.

The city's confirmed costs of abatement shall be a special assessment against the parcel of land on which the nuisance existed. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

D.

However, if any real property to which the cost of assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 § 4 (part), 1970; Ord. 3581 § 2, 1941: Ord. 3197 § 7, 1934)

Proof of the publication, posting or service of any notice, order or determination provided for in this chapter shall be made by the affidavit of the printer of the newspaper in which published, his/her foreman, or principal clerk, or the person posting or serving the notice, order or determination annexed to a copy of order, notice or determination published, posted or served, as the case may be, and specifying the time when, or at which the same was published, posted or served, as the case may be. It shall be the duty of the city manager or designee to keep among the official records of his/her office the affidavits of publication, posting, mailing or service herein provided for, and no error in the name or address and no failure to receive a copy of the notices mailed as herein provided shall affect in any manner the validity of the procedure or of any lien imposed hereunder.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 §§ 4 (part), 8, 1970; Ord. 3197 § 8, 1934)

A.

Any assessment or any portion of an assessment levied pursuant to the provisions of this chapter, which heretofore or hereafter has been or shall be paid more than once, which has been or shall be erroneously or illegally collected, or which has been or shall be paid upon an assessment in excess of the amount chargeable, or upon an assessment not chargeable to the person or the property of the person paying the same, under the provisions of this chapter, by reason of a clerical error of the employees or officers of the city, may be refunded by order of the city council in the same manner, to the same extent, and under the same conditions as now or hereafter provided by the laws of the city for refund of payments of general taxes.

B.

At any time after the assessment book has been received by the county assessor, and the assessments levied pursuant to the terms of this chapter have become payable, the owner of any property assessed therein, who may claim that the assessment is void in whole or part, may pay the same to the county assessor, under protest, which protest shall be in writing, and which shall specify whether the whole assessment is claimed to be void, or if a part only, what portion, and in either case the grounds upon which such claim is founded, and when so paid under protest, the payment shall in no case be regarded as a voluntary payment, and such owner may at any time within 6 months after such payment recover the same upon application to the city.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 § 3, 1970; Ord. 3781 § 1, 1944; Ord. 3777 § 1, 1944; Ord. 3197 § 9, 1934)

A.

No person shall remove or clean weeds, rubbish or other material from any property, private or public, in the city by setting fire to, igniting or burning such weeds, rubbish or other material.

B.

In those cases where the lots are so situated or where the circumstances are such that it is impracticable to clear the same by hand or machinery, subject to the approval of the city manager or designee and the chief of the fire department or their respective authorized representatives, the provisions of this chapter relating to the removal of weeds, rubbish or other material shall be deemed complied with if a firebreak is cleared of all vegetation, stubble, chaff and inflammable material for a distance not less than 25 feet from any building or structure and for a distance of not less than 10 feet from the outer circumference of any tree, shrub, hedge or vegetation, or from any street, highway, way, road or sidewalk. Additional firebreaks may be required by the chief of the fire department or his authorized representative when deemed necessary to safeguard property and prevent the spread of fire. The cost of making such firebreaks shall be based on the hourly rates for labor and equipment approved by the city council as provided in Section 8.48.030 and shall be prorated and assessed against the properties from which weeds, rubbish or other material would be removed in accordance with this chapter if it were not for the provisions of this subsection.

C.

It shall be the duty of the chief of the fire department to enforce the provisions of this section.

(Ord. 6667 § 1 (part), 1996: Ord. 4979 § 4 (part), 1970; Ord. 4924 §§ 4, 5, 1969; Ord. 3778 § 4, 1944; Ord. 3478 § 2, 1959: Ord. 3315 § 3, 1936: Ord. 3197 § 9A, 1934)

No assessment, charge or act relating to such assessment or charge or the collection of the same hereunder shall be illegal on account of informality, nor because the same was not completed within the time required by law.

(Ord. 6667 § 1 (part), 1996: Ord. 3197 § 10, 1934)