Pinole Municipal Code Ch. 8.04 Noxious Weeds

* For statutory provisions on the abatement of weeds and rubbish by cities, see Gov. Code § 39501 et. seq.

As used in this chapter:

A. WEEDS. Weeds which, when mature, bear wingy or downy seeds, or which because of having attained such a large growth and being dry shall have become a fire menace, or which are otherwise noxious and dangerous to health.

B. RUBBISH. Waste matter, litter, trash, refuse, debris, tree leaves and limbs, and dirt which is, or when dry may become, a fire hazard, or which is or may become a menace to health, or which is offensive to the senses.

C. PERSONS. Individuals, firms, partnerships and corporations.

D. CITY. The city of Pinole.

E. STREETS. Alleys, parkways, driveways, sidewalks and areas between sidewalks and curbs.

F. SUPERINTENDENT. The street superintendent, his or her assistants and deputies, or another public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent. (Ord. 116 § 1, 1959).

All weeds growing or rubbish accumulating upon private property or streets in the city are public nuisances. (Ord. 317 § 1, 1973: Ord. 116 § 2, 1959).

It is unlawful for any person owning, occupying, renting, managing or controlling any real property in the city to cause or permit any weeds, or to place, cause or permit any rubbish, to be or remain on any real property in the city or on portions of streets adjoining such real property to the centerline of such streets. it shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Destruction by burning within the city is unlawful unless the written permission of the chief of the fire department is first obtained. (Ord. 116 § 3, 1959).

If the person or persons owning, occupying, renting, managing or controlling any real property in the city fails to remove therefrom and from the portions of streets adjoining the property all weeds and rubbish in accordance with the provisions of this chapter, it shall be the duty of the superintendent of streets to notify such person or persons to remove the same. Such notice shall be in writing and shall be deposited in the United States post office at Pinole, California, with postage thereon prepaid and addressed to such owner at his or her last known place of address shown on the assessment roll of the city, and, if no such address is there shown or is known, then to General Delivery, Pinole. If such real property is occupied and the mailing address thereof is different from that of the owner as shown on the assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Such notice shall contain a description of the property, which description may be the number of the lot and block and the name of the map, tract or subdivision in which the real property lies, or may be the street and number thereof, or may be any other description by which the property may be reasonably and readily identified. One or more lots or blocks of land may be described in one and the same statement or notice. (Ord. 116 § 4, 1959).

If the person or persons owning, occupying, renting, managing or controlling real property in the city fail to remove or destroy weeds or rubbish in accordance with the notice given pursuant to the provisions of Section 8.04.040 within ten days after the mailing of such notice, it shall be the duty of the superintendent of streets and his or her deputies, assistants, employees, contracting agents or other representatives including, without limitation, members of the fire department of the city, to destroy or remove such weeds or rubbish and they, and each of them, are expressly authorized to enter upon private property for such purpose; and it is unlawful for any person to interfere, hinder or refuse to allow them to enter upon private property for such purpose and to destroy or remove weeds or rubbish in accordance with the provisions of this section. Any person owning, occupying, renting, managing, leasing, or controlling real property in the city shall have the right to destroy or remove weeds or rubbish or have the same destroyed or removed at his or her own expense at any time prior to the arrival of the superintendent of streets or his or her authorized representatives for such purpose. (Ord. 116 § 5, 1959).

The tax collector shall keep an account of the cost to the city to destroy or remove weeds or rubbish as aforesaid for each separate lot or parcel of land and the portions of streets adjoining the same and shall embody such account in a report and assessment list to the City Council , which report shall be filed with the City Clerk. Such report shall refer to each separate lot or parcel of land by description sufficient reasonably to identify the same, together with the expense proposed to be assessed against it. (Ord. 116 § 6, 1959).

The City Clerk shall post a copy of such report and assessment list on the bulletin board near the entrance to the city hall, together with the 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. The tax collector shall mail to the persons and in the manner prescribed in Section 8.04.040 hereof a notice in form substantially as follows:

“ASSESSMENT FOR DESTRUCTION

OR REMOVAL OF WEEDS

AND RUBBISH

NOTICE OF HEARING

THEREON.

Notice is hereby given that pursuant to the provisions of Ordinance No. 116 of the City of Pinole, the Superintendent of Streets has destroyed or removed weeds or rubbish from the real property owned, occupied, rented, managed or controlled by you and from the portions of streets, alleys and sidewalks adjoining the same, which real property is described as follows: (here insert description of real property sufficient for reasonable and ready identification).

The cost of said destruction or removal proposed to be assessed against said property is $ .

FURTHER NOTICE IS HEREBY GIVEN that on , the day of , 19 , at the hour of m. In the Council Chambers of the City of Pinole, the report

of the Tax Collector on the cost of destruction or removal of weeds or rubbish and the assessment list thereof will be presented to the City Council for consideration, correction and confirmation and that at said time and place any and all persons interested in or having any objections to said report or list of proposed assessments, or to any matter or thing contained therein may appear and be heard. The failure to make any objection to said report and list shall be deemed a waiver of the same.

Upon confirmation of said assessment by the City Council, the amount thereof will be payable. In the event the same is not paid on or before the 15th day of June following the aforesaid hearing, said assessment will be added to the tax bill for said property and thereafter shall become a lien on said property.

Dated:

Tax Collector of the City of Pinole”

(Ord. 116 § 7, 1959).

At the time and place fixed for receiving and considering the report, the City Council shall hear the same together with any protests or objections which may be raised by any interested person. Upon such hearing, the Council shall make such corrections and modifications in any proposed. assessment which it may deem to be excessive or otherwise incorrect after which such assessments shall be confirmed by a resolution of the Council and the amount thereof shall constitute a lien on property assessed until paid. The confirmation of assessment by the Council shall be final and conclusive. (Ord. 116 § 8, 1959).

It shall be lawful for any person to pay the amount of such assessment for destruction or removal of weeds or rubbish on or before the fifteenth day of June following the date the confirmation of the assessment was made by the Council. If the assessment is not paid on or before said date, the total amount thereof entered on the next fiscal year tax call as a lien against the property, and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the city. (Ord. 116 § 9, 1959).

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 116 § 10, 1959).