Redlands Municipal Code Ch. 8.40 Abatement of Weeds and Rubbish

All weeds, dry grasses, dead shrubs, dead trees, combustible rubbish, or any material growing upon the streets, sidewalks or upon private property within the city which bears seeds of a wingy or downy nature, which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops, or other property, and weeds and grasses which, when dry, will in reasonable probability constitute such a fire hazard, are declared to be a public nuisance. (Prior code § 58101)

"Waste matter" is defined for the purpose of this chapter as unused or discarded matter, having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, which possesses a substantial fire hazard to adjoining structures, and which consists (without limitation or exclusion by enumeration) of such matter and material as:

A. Combustible rubbish, crates, cartons;

B. Lumber not piled neatly, with proper access aisles.

If the fire chief or his authorized representative shall determine that it is necessary to remove other discarded matter from the property so as to proceed with the most practical method of abatement of the nuisance, removal of such discarded matter is authorized. (Prior code § 58104)

The fire chief or his authorized representative is the public officer designated to perform the duties by this chapter. (Prior code § 58100)

Cultivated and useful grasses and pastures shall not be declared a fire hazard. However, if the fire chief or his authorized representative shall determine it necessary to protect adjacent improved property from fire exposure, an adequate fire break may be required. (Prior code § 58102)

Waste matter as herein defined, which by reason of its location and character would materially hamper or interfere with the prevention or suppression of fire upon the premises, is declared to be a public nuisance. (Prior code § 58103)

A. If it is determined that a public nuisance, as herein defined, exists on any lot or premises, or upon any sidewalk, parkway, or street adjacent to such lot or premises, the chief of the fire department shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "NOTICE TO CLEAN PREMISES" in letters not less than one inch (1") in height and shall, in legible characters, direct the abatement of the nuisance as required by this chapter. The notice shall provide that failure to abate the nuisance within fourteen (14) days will result in abatement by the city, and the notice shall further provide that a lien may be placed upon the property and that charges may be collected with the taxes. Notices served by means other than posting as provided by this chapter shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance.

B. The notice required by this chapter may be served in any one of the following manners:

1. By personal service on the owner, occupant, or person in charge or control of the property; or

2. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known; or

3. By posting in a conspicuous place on the land or abutting public right of way, or, in the alternative, insertion of a legal advertisement at least once a week for the period of two (2) weeks in a newspaper of general circulation in the city. The newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and contain a general statement of the effect of such postings. The date of such newspaper advertisement shall not be considered in computing the appeal periods provided by this chapter. (Prior code § 58105)

Within ten (10) days from the date of posting, mailing, or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the city council of the city of Redlands.

A. At a regular meeting or regular adjourned meeting of the city council, not more than twenty (20) days thereafter, it shall proceed to hear and pass upon such appeal, and the decision of the city council thereupon shall be final and conclusive.

B. It shall be the duty of the owner, the agent of the owner, or the person in charge of any lot or premises in the city within ten (10) days from the date of notification as provided herein, or in the case of an appeal to the city council, within ten (10) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. (Prior code § 58106)

If the owner fails or neglects to remove the nuisance as herein defined within the time specified in this chapter, the chief of the fire department or his authorized representative shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. The fire department shall send a demand for payment of the cost shown in the statement and paid by the city, in addition to an administrative fee established by resolution of the city council of the city, to the owner of the property by posting in the United States mail, and may cause a statement of lien in the amount of the cost and service charge to be filed with the recorder of San Bernardino County on each separate affected property. Liens shall thereafter be released immediately upon full payment to the city, or upon direction by the city council of the city.

A. A report of the proceedings and an account of the unreimbursed cost of abating the nuisance on each separate property shall be filed with the city clerk on or before July 10 following the abatement of the nuisance. The city clerk shall thereupon set the report and accounts for hearing before the city council at the second regular or an adjourned or a special meeting in the month of July following the abatement of the nuisance; said report shall be available for public inspection in the city clerk's office.

B. The city council shall consider the reports and accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person interested therein may present a written or oral protest or objections to the report and account. At the conclusion of the hearing, the city council shall approve, correct, or modify the reports and accounts. The city council shall adopt a resolution providing for the collection of such amounts along with the taxes upon the respective parcels of land as they are shown on the last available tax roll. If within five (5) days after the hearing before the city council, payment is made by the property owner of the amount due for the abatement of the nuisance, the amount shall not be collected with the taxes and all liens shall be released.

C. Not less than five (5) days after the hearing before the city council, but not after August 1 following the abatement of the nuisance, the city clerk shall cause to be prepared and filed with the auditor of San Bernardino County a certified copy of the resolution of the city council.

D. The provisions of sections 39580 to 39584, inclusive, of the Government Code are incorporated by reference and made a part of this chapter. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and if delinquent the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes. (Ord. 2356 § 1, 1997: prior code § 58107)

The city council may, by resolution, find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances, that the efficient and economical control of such nuisances requires preventive chemical control of such nuisances upon those parcels. The resolution shall refer to street addresses if such parcels front upon public streets, and if not, the resolution shall refer to lot and block numbers according to a recorded subdivision or parcel map. Thereafter, the city shall mail postcard notices to the owner of the affected parcels, as they and their addresses appear on the county's assessment roll. Each notice shall refer to and describe the property, state that weeds thereon have been declared by resolution to be seasonal and recurrent nuisances, and that the city will apply preventive chemical control and may file a lien and recover the cost with the taxes unless the owner supplies evidence of preventive chemical control already applied. If acceptable evidence of preventive chemical control is not supplied by the owner, the city may apply the preventive chemical control and recover costs pursuant to the procedure applicable to weed abatement set forth in this chapter. (Prior code § 58108)

The owner, occupant, or agent of any lot or premises within the city who shall permit or allow the existence of a public nuisance as defined in this chapter, upon any lot or premises owned, occupied, or controlled by him, or who shall violate any of the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than five hundred dollars ($500.00), or to imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment. (Prior code § 58109)