Placerville Municipal Code Ch. 4 Weeds 1

No property owner, lessee or occupant of property shall allow weeds, dry grass, rubbish, or other debris to grow or collect upon his property within thirty feet (30') of any fence, house, or building whether the fence, house or building is on his property or on adjacent properties, to such an extent that it is a fire hazard. Any accumulation of weeds, dry grass, rubbish, or other debris in violation of this section shall constitute a public nuisance. (Ord. 1380, 10-22-1985)

If the fire chief determines that a fire hazard exists on any property in the city as a result of the growth of weeds, dry grass, or by the accumulation of debris or rubbish on the property within thirty feet (30') of any fence or building, he shall then post the property setting forth the fact that there is a fire hazard on the property and directing the property owner to eliminate the weeds, dry grass or debris within thirty feet (30') of any fence, house or building within fourteen (14) days from the date the notice is posted. (Ord. 1380, 10-22-1985)

In the event that the property owner does not appeal the determination of the fire chief that there is a fire hazard to the council and if the weeds, dry grass, rubbish, or other debris have not been eliminated as required in section 8-4-2 of this chapter, then the fire chief may enter upon the property to abate the nuisance. Such removal shall be at the expense of the owner, lessee, or occupant. (Ord. 1380, 10-22-1985)

The expense of removing or destroying such a fire hazard by the city, as set forth in section 8-4-3 of this chapter, shall be a lien upon the real property on which such fire hazard is situated from the date of the removal or destruction by the city and shall be for the amount of the expense of such removal or destruction. In the event such amount is not paid in full within a period of six (6) months after such removal or destruction, the council may direct the city attorney to foreclose the lien by court action in the manner provided by law for the foreclosure of mortgages upon real estate. Upon obtaining the decree in the action of foreclosure, the real property shall be sold at a foreclosure sale in the same manner as sales by a sheriff upon execution. After deducting from the sales price all costs of the destruction or removal, together with all attorney fees, court costs, and expenses of sale, the balance remaining, if any, shall be refunded to the owner of such property. (Ord. 1380, 10-22-1985)

The procedures set forth in this chapter shall be an alternative method of removing or destroying objectionable obstructions and are not intended to deprive the city of the right to proceed to abate such conditions under any alternative methods that may be provided by law. (Ord. 1380, 10-22-1985)

If the property owner is of the opinion that there is no fire hazard as the result of the accumulation of weeds, dry grass, rubbish, or other debris, he may then appeal the decision of the fire chief to the council within fourteen (14) days of the date the notice was posted. If an appeal has been filed, the council shall hear the appeal within thirty (30) days, and notice of the date of hearing shall be mailed to the property owner by the clerk at least five (5) days prior to the hearing of the appeal. (Ord. 1380, 10-22-1985)

At the hearing the council may by either motion or resolution rule either in favor of or against the appeal. In the event that the council denies the appeal then the property owner shall have five (5) days after the denial of the appeal to remove the weeds, dry grass, rubbish, or other debris and in the event that this is not done by the property owner within five (5) days, the fire chief may then enter upon the property to abate the nuisance. (Ord. 1380, 10-22-1985)

A copy of any notice shall be mailed to the property owner at his address on the last assessment roll. (Ord. 1380, 10-22-1985)