Porterville Municipal Code Art. III Weeds, Rubbish, Litter, Tire and Hazard Abatement

For purposes of this article, certain words and phrases are defined and certain provisions are to be construed as herein set forth, unless it shall be apparent from the context that a different meaning is intended:

ABATE: To repair or replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer in his/her judgment shall determine is necessary in the interest of the general health, safety and welfare of the community.

ABATEMENT STANDARDS: Those minimum requirements set forth by the enforcement officer by which property shall be abated and maintained in order to comply with section 12-3.4 of this article.

ENFORCEMENT OFFICER: The chief of the fire department of the city and shall include any official or officials in the fire department duly appointed by said chief or the city manager to administer the provisions of this article.

PREMISES: Any building, lot or parcel of real estate or land or portion of land, whether improved or unimproved, including adjacent sidewalks, parking strips and alleys.

RESPONSIBLE PERSON: The owner of any premises and/or any agent, lessee or other person occupying or having charge or control of the same.

RUBBISH: Waste material including, but not limited to, garbage, waste paper and debris from construction or demolition.

WEEDS: All undesired plants of rank or profuse growth growing upon streets, alleys, sidewalks or private property in the city and including, but not limited to, any of the following:

A. Weeds which bear or may bear seeds of a wing or downy nature;

B. Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent property;

C. Weeds which are otherwise noxious or dangerous;

D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to public health. (Ord. 1568, 1-19-1999)

Porterville fire department shall have jurisdiction to administer the provisions of this article. (Ord. 1568, 1-19-1999)

The occupant or tenant, or in the absence of the occupant or tenant, the owner, lessee, or proprietor of any real property in the city in front of which there are a paved sidewalk and/or curb and gutter, shall maintain said sidewalk and/or curb and gutter free of dirt, litter, weeds, residues from disking and other debris. (Ord. 1568, 1-19-1999)

A. Each of the following conditions is declared to constitute a public nuisance, and whenever an enforcement officer shall determine that any of the conditions exist upon any premises, he/she may require or provide for the abatement thereof pursuant to this article and make the costs of abatement a lien on the subject real property:

1. The existence of weeds on the premises, or public sidewalks, curbs and gutters, streets or alleys in front of, adjacent to or behind said premises;

2. The existence of any accumulation of wastepaper, hay, grass, straw, weeds, litter, debris or combustible trash upon any roof or in any building, entranceway, court, yard, vacant lot or open space; or of any weeds, grass, vines or other growth, when the same endangers property or is liable to be fired;

3. The existence of any garbage or rubbish upon the premises contrary to the provisions of section 13-4 of this code;

4. The existence of any vines or climbing plants growing into or over any street, tree or any public hydrant, pole or electrifier; or the existence of any shrub, plant or vine growing on, around or in front of any hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the fire department;

5. The existence of an excessive amount of tires on property that does not conform with commercial use as set by the zoning ordinance of the city of Porterville;

6. Any dead, or dying, trees, shrubs, plants and any dead palm fronds;

7. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe;

8. Any other condition or use of property which is in fact a fire hazard or which results or can result in the impairment of the ability of the fire department to respond to and suppress fires.

B. The occupant or tenant, or in the absence of the occupant or a tenant, the owner, lessee or proprietor of any real property in the city, shall be responsible for the removal or destruction of all such weeds and other debris as set forth in this section from his property and from the abutting half of any street or alley between lot lines as extended.

C. The enforcement officer and/or his/her authorized representatives shall have the authority to determine the amount and types of weeds and other debris which constitute a nuisance pursuant to this section and must therefore be abated. The decision of said enforcement officer shall be final. (Ord. 1568, 1-19-1999; Ord. 1899, 11-15-2022)

A. The enforcement officer is authorized and directed to annually declare that the existence of any of the conditions set forth in section 12-3.4 of this article constitute a public nuisance and direct that notice of such declaration shall be published in a newspaper of general circulation within the city. Said declaration shall be made on or before April 1, of each year. Said notice shall further direct all such persons to abate any conditions set forth in section 12-3.4 of this article which may exist on said person's property or to appear before the city's fire marshal at a stated time and place to show cause why such conditions should not be abated by the city at such person's expense.

B. Said notice shall also be mailed to the owner and/or other responsible persons of real property which is, or may be in violation of section 12-3.4 of this article. (Ord. 1568, 1-19-1999)

A. The notice required pursuant to section 12-3.5 of this article shall be substantially in the following form:

APN. NO.

TO THE PROPERTY OWNER:

NOTICE IS HEREBY GIVEN, that on (date) , (year) , pursuant to Section 12-3.5 of the Municipal Code of the City of Porterville, the Chief of the Fire Department of the City of Porterville declares that the following conditions set forth in Section 12-3.4 of said Municipal Code constitute a public nuisance and that such a nuisance must be abated by the destruction or removal of said conditions:

A. The existence of weeds on the premises or public sidewalks, curbs and gutters, streets or alleys in front of, adjacent to or behind said premises.

B. The existence of any accumulation of wastepaper, hay, grass, straw, weeds, litter, debris, tires, or combustible trash upon any roof or in any building, entrance way, court, yard, vacant lot or open space, or of any weeds, grass, vines or other growth when the same endangers property or is liable to be fired.

C. The existence of any garbage or rubbish upon the premises contrary to the provisions of Section 13-4 of the Municipal Code.

D. The existence of any vines or climbing plants growing into or over the street, tree or any public hydrant, pole or electrolier; or the existence of any shrub, plant or vine growing on, around or in front of any hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the Porterville Fire Department.

E. The existence of an excessive amount of tires on property that does not conform with commercial use as set by the Zoning Ordinance of the City of Porterville.

F. Any other condition or use of property which is in fact a fire hazard or which results, or can result, in the impairment of the ability of the Porterville Fire Department to respond to and suppress fires.

Destruction and/or removal of said conditions must be completed and maintained by (date) , (year) in accordance with the attached Fire Prevention Bureau "Abatement Standards".

Failure to abate said conditions by the date specified above, shall result in the City acquiring jurisdiction to abate the conditions at the owner's expense pursuant to Section 12-3.9 of the Municipal Code.

All property owners who wish to object to the proposed removal of weeds, rubbish, refuse, tires and dirt are hereby notified that they have the right to attend a meeting with a representative of the Porterville Fire Department to be held at Porterville Fire Station No. 1, 40 West Cleveland Avenue, Porterville, California, on (date) , (year) at (time) . Sufficient cause must be shown why said conditions should not be abated.

Charges. Property owners or responsible persons who through their inaction have caused the City of Porterville to have their nuisance abated, are deemed to have committed a misdemeanor or infraction pursuant to Section 12-3.14 and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months in the City or county jail, or by both such fine and imprisonment. The property owner or responsible person shall be liable for actual costs of abating such nuisance as defined herein.

Any costs incurred for such abatement will constitute a special assessment on the property. The cost of abating such nuisances shall include a charge of $ per parcel to cover the costs of administering this Article. MUNICIPAL CODE SECTION 12-3.11 PROVIDES THAT AFTER THE ASSESSMENT IS MADE AND CONFIRMED, IT IS A LIEN ON THE PROPERTY.

Any property owner, or other responsible person, who, after notification by the Enforcement Officer, fails to abate a condition as set forth in Section 12-3.4 shall become liable for the expenses of fighting any fire which may occur which is determined to have been caused by or attributed to said conditions. Such expenses shall become a lien upon the property.

THE FAILURE OF ANY OWNER OR OTHER PERSON TO RECEIVE THIS NOTICE SHALL NOT AFFECT THE ENFORCEMENT OF THIS ORDINANCE.

B. A copy of this notice shall be sent to the owner of the premises and may also be sent to any other of said persons sought to be charged with the responsibility of abatement. The notice shall be sent by mail, postage prepaid, and addressed to the owner as such person's name and address appear on the last equalized assessment roll of the county of Tulare, or as known to the enforcement officer or other person authorized to give such notice. The notice to any other person to be charged with the responsibility of abatement shall be sent by mail, postage prepaid and addressed to such person as his/her name and address are known to the enforcement officer or the person authorized to give notice.

C. The failure of any owner or other person to receive this notice shall not affect the enforcement of this article. (Ord. 1568, 1-19-1999)

At the time fixed in the notice provided pursuant to section 12-3.6 of this article, the fire marshal or his/her designated representative shall hear and consider any and all objections to the proposed abatement of such conditions, and may continue the hearing as necessary. The enforcement officer shall have the opportunity to respond to any such objections. At the conclusion of the hearing, the fire marshal shall rule on all such objections. In cases where the fire marshal overrules an objection, the city shall be deemed to have acquired jurisdiction to proceed and perform the work necessary to abate the conditions causing such nuisance if said property owner or other responsible person fails to abate said nuisance on or before the date set forth in the notice. The affected property owners or other responsible person, may appeal the decision of the enforcement officer to the city council by filing a written appeal. The appeal must be filed with the city clerk within ten (10) calendar days of the date of the decision of the enforcement officer. Any property owner or other responsible person who fails to appear at said hearing and present objections shall be deemed to have waived the right to present any such objections and the city shall thereafter have the jurisdiction to proceed and perform any work necessary to abate the conditions causing such nuisance upon the expiration of the time allowed in the notice to the property owner. (Ord. 1568, 1-19-1999)

Upon the expiration of the time period set forth in the notice to property owners pursuant to section 12-3.6 of this article, the city shall acquire jurisdiction to abate any such condition constituting a nuisance pursuant to section 12-3.6 of this article which has not been abated by the property owner in question or which has been deemed to constitute a nuisance in the course of the hearing process set forth above. Whenever the city has acquired jurisdiction to abate such a nuisance, the enforcement officer or his/her designee is expressly authorized to enter upon private property for purposes of abating such conditions and the cost thereof shall be charged to the owner and/or other responsible person. Any property owner or responsible person shall have the right to abate said condition, or have the same abated at their own expense; provided, such condition has been abated prior to the arrival of the enforcement officer or his/her authorized representative to do so. (Ord. 1568, 1-19-1999)

The enforcement officer shall keep an account of the cost of abating such nuisance and shall embody such account in the report and assessment list which shall be filed with the city clerk and presented to the city council. The allowable cost of abating such nuisance shall include a charge sufficient to cover the costs of administering this article. Said administrative charge shall be determined by the city council by resolution. The report and assessment list shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the charge proposed to be assessed against each such separate lot or parcel. (Ord. 1568, 1-19-1999)

The city clerk shall post a copy of such report and assessment list at the city hall, together with the notice of filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation. Said notice shall advise property owners that they may appear at the time and place of hearing, and object to any matter related thereto. A like notice shall also be mailed to each and every property owner and/or other responsible person who owns or has control of any lot or parcel listed on said report. The notice shall be sent by first class mail to the property owner at the address appearing on the last equalized assessment roll of the county of Tulare or to the last known address of the enforcement officer. Notice shall be sent by first class mail to any other such responsible person at such person's last address known to the enforcement officer. Such notice, as posted and mailed, shall be substantially in the following form:

NOTICE OF HEARING

ON REPORT AND ASSESSMENT FOR WEED, RUBBISH, LITTER, TIRE AND HAZARD ABATEMENT

Notice is hereby given that on (date) , (year) , the Enforcement Officer of the City of Porterville filed with the City Clerk of said City a report and assessment on the abatement of weeds, rubbish and litter within the City, a copy of which is posted on the bulletin board at the entrance to City Hall.

Notice is further given that on (date) , (year) , at the hour of m. in the Council Chambers, of 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, having any objection to said report, and shall appear at said time and place and be heard.

Dated:

/s/

City Clerk

(Ord. 1568, 1-19-1999)

At the time and place fixed for receiving and considering such report, the city council shall hear the same together with any objections which may be raised by any of the property owners or other responsible persons liable to be assessed for the work of abating such nuisance, and said enforcement officer shall attend such meeting with his/her record thereof. At the conclusion of such hearing, the council may make such modifications in the proposed assessments as it may deem necessary, after which such report and assessment list shall be confirmed by resolution. The cost of abating such nuisance upon, adjacent to, or in the front or rear of, the various lots or parcels of land respectively referenced to in such reports, shall constitute special assessments against such representative parcels or lots, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessments, until paid. (Ord. 1568, 1-19-1999)

After confirmation of the report, a copy shall be provided to the city administrative services director or designee, and payments may be received by him/her for the amount due until such time as the matter is referred to the Tulare County auditor for placement on the tax rolls. On or before August 10 of each year, a certified copy of the confirmed report shall be filed with the Tulare County auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. They shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. All laws and ordinances applicable to the levy collection and enforcement of city taxes are made applicable to such special assessments, and the lien of said assessment shall have priority of the taxes with which it is collected. (Ord. 1568, 1-19-1999)

The procedure provided in this article shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of any of the conditions described herein, and abatement hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition. (Ord. 1568, 1-19-1999)

Any person who shall violate any of the provisions of this article or its amendments shall be guilty of a misdemeanor or infraction and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months in the city or county jail, or by both such fine and imprisonment. The property owner or responsible person shall be liable for actual costs of abating such nuisance as defined herein. (Ord. 1568, 1-19-1999)

Whenever any condition on or use of property causes or constitutes or reasonably appears to constitute imminent or immediate danger to the health or safety of the public or a significant portion thereof, any enforcement officer or his/her authorized representative shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a lien upon the property and be collectible as provided in sections 12-3.8 through 12-3.12, inclusive, of this article. (Ord. 1568, 1-19-1999)

Any property owner, or other responsible person, who, after written notification by the enforcement officer or his/her authorized representative, fails to abate a condition constituting public nuisance as set forth in section 12-3.4 of this article shall become liable for the expenses of fighting a fire which is determined by the fire department to have been caused by or attributed to, in whole or part, said condition constituting such a public nuisance. Such expenses shall be charged to the property owner and/or other responsible person and shall become a lien upon the property and be collectible as provided in sections 12-3.8 through 12-3.12 inclusive, of this article. The property owner or responsible person shall be liable for actual costs of abating such nuisance as defined herein. (Ord. 1568, 1-19-1999)