Redondo Beach Municipal Code Art. 2 Weeds, Rubbish, and Stagnant Water

It is unlawful for any person owning, leasing, acting as agent, or occupying any premises in the City to fail, refuse, or neglect to keep such premises in a clean, sanitary, and wholesome condition.

(§ 1, Ord. 704)

It is unlawful for any person to permit any accumulation of manure, garbage, offal, rubbish, stagnant water, or filthy or offensive matter of any kind to be or remain upon such premises.

(§ 1, Ord. 704)

It is unlawful for any person to maintain any premises upon which there is stagnant or still water or marshy conditions which harbor and breed mosquitoes or other poisonous or objectionable insects. The maintenance of such land upon which there is stagnant water is hereby declared to be a public nuisance.

(§ 1, Ord. 704)

Whenever the City Engineer shall find weeds, rubbish, diseased trees, or any other material upon any property, lands, or lots in the City or upon the street, parking, or sidewalk in front of any such property, which material may endanger or injure neighboring property or the health or welfare of the residents of the vicinity, he shall give, or cause to be given, notice to remove such weeds, rubbish, diseased trees, or other material in the manner provided in this article.

(§ 1, Ord. 975, as amended by § 1, Ord. 1820 c.s, eff. November 26, 2963)

Such notice shall be given by posting in a conspicuous place upon the property upon which such weeds, rubbish, or other material may be a notice headed "Notice to Clean Premises", in letters not less than one inch in length, and which shall be in legible characters, directing the removal of the weeds, rubbish, or material with a reference to this article for further particulars. Within three days after the posting of the notice, the City Engineer shall also cause a notice similar in substance to be mailed to such owners as the names and addresses thereof appear on the ownership records in the office of the City Clerk, or at another known address. Personal service of a notice similar in substance to the posted notice upon the owner, occupant, or agent in charge of such property, land, or lot shall dispense with the posting of the notice provided for by this section.

(§ 2, Ord. 975)

Within 10 days from the date of the posting of such notice, or in case of personal notice, within 10 days from the date of personal service thereof, the owner or any person interested in the property, land, or lot which is affected by, or abuts upon the street, parking, or sidewalk which is affected by, such notice may appeal to the Council from the requirements thereof. Such appeal shall be in writing and shall be filed with the City Clerk. At its next regular meeting the Council shall proceed to hear and pass upon such appeal, and its decision thereupon shall be final and conclusive.

(§ 3, Ord. 975)

Unless within (10) days from the date of the posting of the notice or within 10 days from the date of the personal service thereof, or in case of appeal to the Council, within 10 days from the date of the determination thereof unless the same is sustained, the weeds, rubbish or other material is removed from the property, land, lot, street, parking or sidewalk as directed by notice or by the Council on appeal, the City Engineer shall thereupon cause the same to be removed. If upon appeal the requirements of the original notice are modified, the City Engineer in causing such weeds, rubbish or other material to be removed shall be governed by the determination so made.

(§ 4, Ord. 975)

(a) Records of costs. The City Engineer shall cause to be kept in his office a permanent record showing the description of each piece of property or lot on or for which a "Notice to Clean Premises" has been given, the amount of the charges incurred in the removal of such weeds, rubbish or other material and the penalties for delinquency in the payment thereof. Each such entry shall be made immediately upon the completion of the removal or cleaning of such weeds, rubbish or other material from each parcel of property or lot, or on the street, parking or sidewalk in front thereof, respectively, and a bill for such charges shall be mailed immediately to the last known address of the owner thereof.

(b) Lien. On the first day of December of each calendar year, all charges recorded between the last day of November of the preceding year and the first day of December of the current year shall become a lien against the respective parcels or property or lots, which liens shall be enforced in the manner provided in this article. In the event the City Engineer shall find that it will be necessary to remove or clean weeds, rubbish or other material from any property, lands or lots in the City or upon the street, parking or sidewalk in front of any such property, lands or lots more than once during any calendar year, such weeds, rubbish or other material shall be removed or recleaned from such property by the City Engineer without the necessity of a second posting of a "Notice to Clean Premises" and without further charge of any kind against such parcel of property or lot. If any work is done in the month of December of any year for which a charge may be made, such charge may be carried over and recorded in the record book for the following calendar year.

(§ 5, Ord. 975)

(a) Notice to appeal. Between the first and fifth days of January of each year the City Engineer shall cause to be published a notice for which a charge of Fifty (50¢) cents for each delinquency shall be collected in the same manner and at the same time as the charges hereunder, which amount must be paid into the City Treasury and credited to the general fund of the City. Such notice shall be to the effect that any person affected or aggrieved by any act or determination of the City Engineer or the Council made or done during the preceding year ending December 31st for which charges remain unpaid may, at any time prior to the twentieth day of January next succeeding, appeal therefrom to the Council. Such notice shall be published once in a newspaper of general circulation in the City and shall further contain a statement that payment on account of charges made for removal by the City of any weeds, rubbish or other material will be delinquent from and after 12:00 noon on the fifth day of February next succeeding the date of publication of the notice, and that the penalty to be thereupon imposed for nonpayment of such charges made by the City after hearing and adjustment by the Council of all appeals will be 10% of such charges so made or adjusted, plus the cost of publishing the notice.

(b) Appeal: Hearing. The appeal shall be in writing and shall be filed with the City Clerk. At the next regular meeting of the Council after the twentieth day of January, it shall proceed to hear and pass upon such appeal and its determination thereupon shall be final and conclusive. The City Engineer shall carry out any directions of the Council made upon determination of such appeals, and he shall cause appropriate corrections and entries to be made in his record to conform therewith.

(c) Penalty for delinquency. Unless the charges constituting the lien provided in this article are paid in full before 6:00 p.m. on the fifth day of February next succeeding the date of publication of the notice, a penalty of 10% of the amount of each such lien shall be added to the charges and become a part of such lien.

(§ 6, Ord. 975)

On or before the fifteenth day of August of each year the City Engineer shall deliver to the City Treasurer an abstract of all unpaid entries in the record book for the preceding year ending December thirty-first. Such abstract shall show the property affected and the amount charged against the same pursuant to the provisions of this article. The City Treasurer shall thereupon note the amount of each such lien on the assessment books for the City taxes against the respective lots charged, and thereafter the amount of each such lien shall be collected in the same manner and at the same time and be subject to the same additional penalties as general City taxes. Any and all charges made against any parcel of land which shall have been paid prior to the delivery to the City Treasurer of such abstract shall be shown by an appropriate entry in the record book by the City Engineer showing that such charge has been paid.

(§ 7, Ord. 975)

Proof of publication, posting or service of any notice, order or determination provided for in this article shall be made by affidavit of the printer of the newspaper in which published, his foreman or principal clerk, or the person posting or serving the notice, order or determination, annexed to a copy of the order, notice or determination published, posted or served, and specifying the time when, or at which the same was published, posted or served, as the case may be. It shall be the duty of the City Engineer to keep among the official records of his office the affidavits of publication, posting, mailing or service, and no error in the name or address and no failure to receive a copy of the notices mailed as provided shall affect in any manner the validity of the procedure or of any lien imposed pursuant to this article.

(§ 8, Ord. 975)

Any assessment or any portion of an assessment levied pursuant to the provisions of this article which heretofore or hereafter has been or shall be paid more than once, which has been or shall be erroneously or illegally collected, or which has been or shall be paid upon an assessment in excess of the amount chargeable, or upon an assessment not chargeable to the person or the property of the person paying the same, by reason of a clerical error of the employees or officers of the City may be refunded by order of the Council in the same manner, to the same extent, and under the same conditions as provided by the laws of the City for refund of payments of general taxes.

(§ 9 (a), Ord. 975)

At any time after the assessment book has been received by the City Treasurer, and the assessments levied pursuant to the terms of this article have become payable, the owner of any property assessed therein who may claim that the assessment is void in whole or part may pay the same to the City Treasurer under protest, which protest shall be in writing, and which shall specify whether the whole assessment is claimed to be void, or if a part only, what portion, and in either case the grounds upon which such claim is founded. When so paid under protest, the payment shall in no case be regarded as a voluntary payment, and such owner may at any time within six months after such payment recover the same in accordance with the applicable provisions of State law.

(§ 9 (b), Ord. 975)

(a) Required. It is unlawful to remove or clean weeds, rubbish or other material from any property, lands or lots in the City or upon the street, parking or sidewalk in front of any such property, lands or lots by setting fire to, igniting or burning such weeds, rubbish or other material; provided, however, that the Chief of the Fire Department, or his authorized assistant, may issue a written permit for the burning of weeds, rubbish or other material upon any portion of a lot or parcel of land if such weeds, rubbish or other material has been severed from the land and has been collected in one or more piles.

(b) Issuance: Revocation: Hours. The Chief of the Fire Department, or his authorized assistant, may issue such written permit upon such terms as conform to the provisions of this section. It shall be the duty of such officer to incorporate in such permit such terms and conditions as in his opinion adequately safeguard the public safety and property. Such permit shall be revocable at any time without previous notice. Such permit shall be issued in duplicate, and the Chief of the Fire Department shall keep one copy on file in his office. Regardless of permit, no person shall set fire to, ignite or burn within Fire District No. 1 any weeds, rubbish or other material in the open air between the hours of 8:00 a.m. of any day and 6:00 a.m. of the following day. No permit shall be issued to any person to set fire to, ignite or burn such weeds, rubbish or other material upon the street, parking or sidewalk.

(c) Firebreaks. In those cases where the property, lands or lots are so situated or where the circumstances are such that it is impracticable to clear the same by hand or machinery, subject to the approval of the City Engineer and the Chief of the Fire Department or their respective authorized representatives, the provisions of this article relating to the removal of weeds, rubbish or other material shall be deemed complied with if a firebreak is cleared of all vegetation, stubble, chaff, and inflammable material for a distance not less than twenty-five (25′) feet from any building or structure and for a distance of not less than ten (10′) feet from the outer circumference of any tree, shrub, hedge, or vegetation or from any street, highway, way, road, or sidewalk. Additional firebreaks may be required by the Fire Chief or his authorized representative when deemed necessary to safeguard property and prevent the spread of fire.

(d) Enforcement. It shall be the duty of the Fire Chief to enforce the provisions of this section.

(§ 9A, Ord. 975)

No assessment, charge, or act relating to such assessment or charge or the collection of the same shall be illegal on account of an informality, nor because the same was not completed within the time required by law.

(§ 10, Ord. 975)