Pismo Beach Municipal Code Ch. 8.32 Weeds and Rubbish

As used in this chapter:

"Fire chief" means the chief of the Pismo Beach fire department, his assistants and deputies, or other public officer or employee designated by the city manager to perform the duties imposed by this chapter upon the fire chief.

"Refuse" means all putrescible or nonputrescible solid and semisolid waste, whether combustible or noncombustible and garbage.

"Rubbish" means and includes but is not limited to grass, trimmings, yard cuttings, fallen leaves and weeds.

"Weeds" means weeds which when mature, bear the wingy or downy seeds which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous. This includes but is not limited to:

1. Weeds growing upon highways, streets, sidewalks, parkways, or private property in the city;

2. Dry grass, stubble, brush, garden refuse, litter, or other flammable material which constitutes a fire hazard or which, when dry, will in reasonable probability constitute a fire hazard;

3. Poison oak and poison ivy when the location of such plants constitutes a menace to the public health. (Ord. 96-05 § 2 (part), 1996)

The city council may declare by resolution as a public nuisance and abate:

A. Weeds growing in any location within the city, whether on public or private land;

B. All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon private property in the city. (Ord. 96-05 § 2 (part), 1996)

The resolution shall:

A. Declare that said nuisances as described in Section 8.32.020 exist upon all of the designated streets, alleys, sidewalks and private property within the city as shown, described and delineated on the several maps of the properties in the city which are recorded in the office of the county recorder of the county of San Luis Obispo.

B. Declare that said public nuisances must be abated by the destruction or removal thereof and that all owners of property on which such public nuisances exist or which abuts public streets or sidewalks on which such public nuisances exist shall without delay destroy or remove all such public nuisances or such work will be done by the city, in which case the cost of such work will be assessed upon the lands from which, and/or in the front and rear of which, such nuisances shall have been destroyed or removed.

C. Set the time and place for a public hearing at which the city council will consider all protests from persons objecting to the proposed destruction or removal of such public nuisances and order the fire chief to give notice of the passage of the resolution in the manner herein provided.

D. Direct the fire chief to give notice of the council's resolution and the time and place for the public hearing described in subsection C of this section. (Ord. 96-05 § 2 (part), 1996)

A. At the time it adopts the resolution described in Section 8.32.030, the city council may also find and declare in such resolution that weeds on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter, provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held, and it shall be sufficient for the fire chief to mail a notice letter to the owners of the property as they and their addresses appear upon the current assessment roll.

B. The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of such noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the city authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid. (Ord. 96-05 § 2 (part), 1996)

The notice given pursuant to Sections 8.32.030 and 8.32.040 shall be in substantially the following form:

NOTICE TO DESTROY OR REMOVE WEEDS AND OTHER NUISANCES NOTICE IS HEREBY GIVEN that on _______, 19___, pursuant to the provisions of Chapter 8.32 of the Pismo Beach Municipal Code, the City Council of said City passed a resolution declaring that all weeds and other nuisances as defined in Section 8.32.020 thereof, growing or located upon any private property or in any public street, alley, or sidewalk constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that all property owners shall without delay destroy or remove all such weeds, and other public nuisances as defined in Section 8.32.020 of the Pismo Beach Municipal Code, from their property and the abutting half of the street in front of and alleys, if any, behind such property and between the lot lines thereof as extended, or such weeds and other nuisance will be destroyed or removed 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 and other nuisances 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 and other nuisances 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 __________, 19___, at ____o'clock, which and where their objections will be heard and given due consideration. Date: ________, 19___ Fire Chief City of Pismo Beach

(Ord. 96-05 § 2 (part), 1996)

The notice given pursuant to Sections 8.32.030 and 8.32.040 shall be mailed by the fire chief at least ten days prior to the date set for the hearing to all owners of real property subject to assessment for the abatement work directed to the address of the owners as shown on the latest county tax roll. Nonreceipt of the notice by any property owner shall not invalidate any assessment made pursuant to the provisions of this chapter. (Ord. 96-05 § 2 (part), 1996)

At the time and place stated in the notices, the city council shall hear and consider all protests to the proposed destruction or removal of the public nuisances and may continue the hearing from time to time. At the conclusion of the hearing the city council shall rule on all protests. The decision of the city council is final. After final action is taken by the city council on such protests, if any, it shall acquire jurisdiction to order the performance of the work of destruction and removal of such weeds and other nuisances. (Ord. 96-05 § 2 (part), 1996)

The council shall by resolution order the fire chief to abate such nuisances, or cause the same to be abated, by having the same destroyed or removed, and the fire chief and his deputies, assistants, employees, contracting agents, or other representatives are expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to destroy or remove such weeds and other nuisances himself, or have the same destroyed or removed at his own expense, provided that such nuisance shall have been removed to the satisfaction of the fire chief prior to the arrival of the fire chief or his authorized representatives to remove them. (Ord. 96-05 § 2 (part), 1996)

The fire chief shall keep an account of the cost of abating such nuisances and embody such account in a report and assessment list which shall be presented to the city council. 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. 96-05 § 2 (part), 1996)

The nuisance abatement work may in the discretion of the city manager be performed by city employees or by a private contractor. (Ord. 96-05 § 2 (part), 1996)

The city clerk shall post a copy of the report and assessment list referred to in Section 8.32.090 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. The posting 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, shall be substantially in the following form:

NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR ABATEMENT OF WEEDS AND OTHER NUISANCES NOTICE IS HEREBY GIVEN that on _______, 19___, the Fire Chief of the City of Pismo Beach filed with the City Clerk of said City a report and assessment on abatement of weeds and other nuisances 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 ________, 19___, at _____ o'clock, 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, and 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: __________, 19___. Fire Chief City of Pismo Beach

(Ord. 96-05 § 2 (part), 1996)

A letter giving notice of the time and place of the submission of the report to the city council for confirmation, stating generally the purpose of the report, shall be mailed by the fire chief at least ten days prior to the date set for hearing to all owners of real property subject to assessment for the abatement work directed to the address of the owners as shown on the latest county tax roll. Nonreceipt of the notice by any property owner shall not invalidate any assessment made pursuant to the provisions of this chapter. (Ord. 96-05 § 2 (part), 1996)

A. At the time and place set for considering the cost report and assessment list, the city council shall consider the objections of any of the property owners whose property is subject to assessment. The city council may make such modifications in the report as it deems equitable; it shall then confirm the report by resolution.

B. The amount of the cost of abating such nuisances 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 being thus made and confirmed, shall constitute a lien on such property for the amount of such assessments, until paid. (Ord. 96-05 § 2 (part), 1996)

After confirmation of the report, a certified copy shall be filed with the San Luis Obispo County auditor on or before August 10th of each year and the auditor shall be requested to enter the amounts of the respective assessments on the county tax roll opposite each parcel of land. (Ord. 96-05 § 2 (part), 1996)

The amount of such assessments shall be collected at the time and in the manner of city property taxes. If delinquent, the amount of such assessments shall be subject to the same penalties and procedure of foreclosure and sale as in the case of city property taxes. (Ord. 96-05 § 2 (part), 1996)

The city council may order a refund of all or part of an assessment paid pursuant to this chapter if it finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the city. (Ord. 96-05 § 2 (part), 1996)

Nothing in this chapter shall be construed as precluding the city from utilizing any alternative procedure for weed or nuisance abatement prescribed by this code or available under state law to cities, nor shall this chapter be construed to prevent the city, its agents or representatives, from entering upon private property for the purpose of abating any public nuisance as defined in Section 8.32.020 without following the procedure prescribed in this chapter provided the work is done at the expense of the city. (Ord. 96-05 § 2 (part), 1996)

The fire chief shall determine the appropriate manner in which the public nuisances must be abated. (Ord. 96-05 § 2 (part), 1996)