Portola Municipal Code Ch. 8.16 Abatement of Weeds and Rubbish

Pursuant to the authority of Government Code Section 39501 et seq., the city council finds and declares that it is necessary to establish a procedure for the requiring of and providing for the removal of weeds and rubbish from sidewalks, parking areas, streets and alleys, and from private property, and to provide for the cost of removal as a lien upon the subject property and for the enforcement of the lien by sale of the property.

( Ord. No. 358 , §§ 1, 2, 7-8-2020; Ord. No. 353, § 1, 4-24-2019)

As used in this chapter:

"Rubbish" means and includes all putrescible or nonputrescible solid and semi-solid waste, whether combustible or noncombustible, including but not limited to, dirt, garbage, rubbish and other material dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity.

"Weeds" means and includes, but is not limited to, grass, rank growth from buildings or grounds and adjacent sidewalks and weeds, with mature wingy or downy seeds, which will attain growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.

( Ord. No. 358 , §§ 1, 2, 7-8-2020; Ord. No. 353, § 1, 4-24-2019)

It is unlawful for the owner, agent, lessee or other person having charge or control of any piece or parcel of land within the city to allow weeds or rubbish to grow or to remain thereon, or upon the street, alley or sidewalk in front of such piece or parcel of land.

( Ord. No. 358 , §§ 1, 2, 7-8-2020; Ord. No. 353, § 1, 4-24-2019)

In the event of a violation of Section 8.28.030, the fire chief of the city, or his or her designated representative, or city manager, or his or his or her designated representative, shall proceed as follows:

A. Notice to Remove. The fire chief or city manager, or his or her designee, is authorized to give notice to the owner, agent, lessee or other person having charge or control of the private property, to order the removal of weeds or rubbish from the property or abutting public property within ten days. Such notice shall be by any or all of: (1) certified mail, return receipt requested (hereinafter referred to as ("certified written notice") addressed to such owner, agent, lessee or other person having charge or control, at his or her last known address; (2) registered mail to the owner or record of the private property as it appears on the most recent assessor's roll ("registered mail notice"); (3) personal service by hand-delivery evidenced by a proof of service; or (4) causing a written notice to be posted on the property. In the event the notice by certified mail is directed to one other than the owner of the property, a courtesy copy of the notice shall be sent by regular first-class mail to the owner at his or her last known address on file with the Plumas County Assessor's office.

B. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner, agent, lessee, or other person having charge or control of the private real property, to properly destroy and remove weeds or remove rubbish within ten days after receipt of the written certified notice, registered mail notice, personal service by hand-delivery or the date notice was posted on the property, the fire chief or city manager, or his or her designee is authorized to pay the costs and expenses for such destruction and removal from the city code enforcement abatement budget for the destruction or removal of such weeds or rubbish or other funds designated by the city council.

C. If the owner, agent, lessee or other person having control of the private real property in the city fails to remove or destroy weeds and rubbish in accordance with the written notice within ten days after the mailing of certified written notice, registered mail notice, personal service by hand-delivery or the date written notice was posted on the property, it shall be the duty of the fire chief or city manager, or his or her designee to destroy or cause to be destroyed, or remove or cause to be removed, such weeds or rubbish, and the fire chief or city manager, or his or her designee and/or contracting agents of the city 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 chapter. 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 fire chief or the city manager, or any of their authorized representatives or contracting agents for such purpose.

D. The city finance officer 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 and alleys adjoining the same, and shall embody such account in a report and assessment list to the city manager, who will present such report and assessment list to the city council. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the expense proposed to be assessed against it. The cost of abatement may include incidental expenses, including, but not limited to, the expenses and costs to the city in the inspection of lots, streets and alleys, preparations of notices, specifications and contracts, and in inspecting work, the cost of printing and mailing required under this article in an amount to be set by resolution of the city council, per each occurrence.

E. The city manager shall post a copy of such report and assessment list near the entrance to the city hall, together with the notice of the filing thereof, and the time and place where and when it will be submitted to the city council for hearing and confirmation. The city manager or finance director, or one of his or her designees, shall mail to the persons in the manner prescribed in Section 8.16.040 a notice in the format substantially as follows:

ASSESSMENT FOR DESTRUCTION OR REMOVAL OF WEEDS AND RUBBISH AND NOTICE OF HEARING THEREON

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Portola Municipal Code, Title 8, Chapter 8.16, the Fire Chief or the City Manager 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 the said real property is $_______________.

FURTHER NOTICE IS HERBY GIVEN that on ___________, the ____ day of _____________, 20___, at the hour of _____ p.m. in the Council chambers of City Hall, of the City of Portola, located at 35 Third Avenue, Portola, Plumas County, California, the report of the Finance Officer 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 said assessment will, at the city's discretion, become a lien against the property which the city may enforce by any method allowed by law and/or be added to the tax bill for said property and thereafter shall become a lien on said property.

Dated: __________________

________________________________ City Manager, City of Portola

F. 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 city council shall make such corrections or modifications in any proposed assessment which it may deem to be excessive or otherwise incorrect, after which such assessment shall be confirmed by resolution of the city council and the amount thereof shall constitute a lien on the subject real property assessed until paid. The confirmation and assessment by the city council shall be final and conclusive.

G. Assessment Payment. Any person may pay the amount of such assessment for destruction or removal of weeds or rubbish. At any time before payment is received, the city may record a lien against the property for the unpaid assessment which shall accrue interest at the lesser rate of ten percent per annum or the maximum interest rate allowed by law. The city may enforce the lien by any method allowed by law. Additionally, if the assessment is not paid on or before the fifteenth day of July following the date the confirmation of said assessment was made by the city council, or by the fifteenth day of July in any following year, the total amount therefore may be entered on the next county fiscal tax roll as a lien against the property and shall be subject to the same penalties and interest as are provided for other delinquent taxes or assessments of the city.

( Ord. No. 358 , §§ 1, 2, 7-8-2020; Ord. No. 353, § 1, 4-24-2019)

Any person violating any of the provisions of this chapter shall be guilty of an infraction.

( Ord. No. 358 , §§ 1, 2, 7-8-2020; Ord. No. 353, § 1, 4-24-2019)

The methods of removing weeds or rubbish from property, streets and alleys, as provided in this chapter shall not be an exclusive method, but shall be an alternative method, and such weeds and rubbish may be removed from such property, streets and alleys pursuant to the provisions of any law of the state or of any ordinance of the city applicable thereto.

( Ord. No. 358 , §§ 1, 2, 7-8-2020; Ord. No. 353, § 1, 4-24-2019)