Redwood City Municipal Code § 14.46 Account and Report of Cost—required; Description of Property

After final action shall have been taken by the Council on the disposition of all objections, or in case no objections shall have been received and the Council shall have ordered the Superintendent of Streets to abate the nuisance, or cause it to be abated, by having the weeds, dirt, rubbish and/or rank growths destroyed or removed, the Superintendent of Streets, his deputies, assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property for that purpose. Any property owner, lessee or occupant shall have the right to destroy or remove the weeds, dirt, rubbish and/or rank growths himself, or to have the same destroyed or removed at his own expense, provided that the nuisance shall be abated prior to the arrival of the Superintendent of Streets or his authorized representatives. However, it shall be unlawful for any property owner, or other person, to burn, or attempt to burn, any such weeds without first having obtained written permission so to do from the Chief of the Fire Department and complying fully with all State and local regulations pertinent to burning including those of the Air Pollution Control District. Any person destroying or removing weeds, dirt, rubbish, and/or rank growths pursuant to the provisions of this Section shall so notify the Superintendent of Streets within twenty-four (24) hours of the destruction or removal. In such cases where necessary and with the approval of the Superintendent of Streets, appropriate adjustments shall be made on weed abatement assessment against the property in question.

(Ord. No. 1276, § 2)

State Law reference— Order to abate nuisance of weeds, Gov. C., § 39572; right of entry to abate, Gov. C., § 39572; destruction of weeds by owner, Gov. C., § 39573.

The owner of any parcel of real property which has not been improved by the construction of a structure of a type which requires a building permit, who fails to destroy or remove weeds, dirt, rubbish and/or rank growths pursuant to the provisions of Section 14.38, shall give written notice to the Street Superintendent of any improvements, whether temporary or permanent in nature, which have been placed on the parcel, and which are of a type which would not be readily apparent to a person entering the parcel for the purpose of destroying or removing weeds and which may be damaged in the course of destroying or removing weeds. The notice should include such items as underground pipes, boundary and survey markers and crops and other plantings, and shall be submitted each year not later than ten (10) days subsequent to the time set for hearing pursuant to Section 14.39 by the owner or his representative.

The failure to give such notice shall constitute a waiver of any right for damages resulting from injury to such improvements resulting from the acts of the City and its authorized representatives who enter upon such parcel to destroy or remove weeds.

This Section shall not be construed to subject the City or its representatives to any liability where none would exist in the absence of these provisions.

(Ord. No. 1276, § 2)

The Street Superintendent shall keep an account of the cost of abating the nuisance of weeds, dirt, rubbish and/or rank growths ordered to be abated under Section 14.44 upon each separate lot or parcel of land, and the abutting half of the street in front, and alley, if any, in the rear thereof, and embody such account in such report and assessment list to the Council, which shall be filed with the City Clerk. Such reports shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land therefor respectively.

(Ord. No. 1276, § 2)

State Law reference— Accounting for cost of abatement of nuisance of weeds, and report to Council, Gov. C., § 39574.

Editor's note— Sec. 14.47, repealed by Ord. No. 1345, was reserved to maintain sequence.

The City Clerk shall post a copy of the report and assessment list on the cost of the abatement of the nuisance of weeds, dirt, rubbish and rank growths required by the preceding Section on the bulletin board near the entrance door to the City Hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the City. The posting and first publication of the notice shall be made and completed at least ten (10) days before the time such report shall have been submitted to the City Council.

(Ord. No. 1276, § 2)

State Law reference— Posting of report of cost of abatement of nuisances of weeds, Gov. C., § 39575.

The form of the notice of the hearing on the report and assessment, as provided for in the preceding Section shall be substantially as follows:

"NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED, DIRT, RUBBISH AND RANK GROWTH ABATEMENT

"NOTICE IS HEREBY GIVEN that on _______, 19___, the Superintendent of Streets of the City of Redwood City filed with the City Clerk of said City a report and assessment on abatement of weeds, dirt, rubbish, and rank growths within said City, a copy of which is posted on the bulletin board at the entrance to the City Hall.

"NOTICE IS FURTHER GIVEN that on _______, the day of _______, 19___, at the hour of eight o'clock (8:00) P.M., in the _______ 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 objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

"Dated: ________, 19___.

___________

City Clerk of the City of Redwood City"

(Ord. No. 1276, § 2)

At the time and place fixed for receiving and considering the report of the cost of the abatement of weeds, dirt, rubbish and rank growths required by Section 14.46, the Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance. The Superintendent of Streets or his authorized representative shall attend such meeting with a copy of the report and the assessment lists. Upon 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.

(Ord. No. 1276, § 2)

State Law reference— Hearing on report of cost of abatement of weeds, and modification and confirmation of report, Gov. C., § 39576.

Upon confirmation of the report and assessment list, the City Clerk shall transmit a certified copy of the resolution, report and list to the County Controller/Auditor for entry upon and collection with the next tax roll upon which general City taxes are to be collected. Thereafter, such amounts shall be collected at the same time and in the same manner as general City taxes or assessments on the tax roll are collected and shall be subject to the same interest and penalties and the procedures for said taxes in case of delinquency.

(Ord. No. 1276, § 2; Memo 3-11-94)

State Law reference— Collection of cost of abatement of nuisance of weeds, Gov. C., §§ 39578—39587.

The amount of the cost of abating the nuisance of weeds, dirt, rubbish and rank growths upon, or in front or rear of, the various lots or parcels of land respectively referred to in such report shall constitute special assessments against such respective lots or parcels of land and after, thus made and confirmed, shall constitute a lien on such property for the amount of such assessments until paid.

(Ord. No. 1276, § 2)

State Law reference— Similar provision, Gov. C., § 39577.