Rio Vista Municipal Code Ch. 8.24 Weed and Rubbish Abatement

Note: For statutory provisions on the abatement of weeds and rubbish by cities, see Government Code Section 39501 et seq. For all other statutory provisions on the abatement of weeds and rubbish, see Government Code Section 39501—39588 et seq.

As used in this chapter:

"Chief"

means the chief of the Rio Vista fire department or authorized representative.

"City"

means the city of Rio Vista.

"Persons"

means any individual, firms, partnerships or corporations.

"Rubbish"

means waste matter, litter, trash, refuse, debris and dirt which is, or when dry may become a fire hazard, or which is or may become a hazard to health, or which is offensive to the senses and/or detrimental to the attractiveness of the surroundings.

"Streets"

means alleys, parkways, driveways, sidewalks and areas between sidewalks and curbs.

"Weeds/grass"

means weeds which when mature bear wingy or down seeds, or which because of having attained, or which may attain, such a large growth and being dry shall have become a fire hazard, or which are otherwise noxious and dangerous to health.

(Prior code § 26-17)

The city council declares that all weeds growing upon private property or streets in the city and all rubbish on private property or streets in the city are public nuisances. Properties being exclusively or primarily used for agricultural purposes are excluded from the provisions of this chapter, excepting the necessity of providing adequate firebreaks.

(Prior code § 26-18)

It is unlawful for any person owning, occupying, renting, managing or controlling any real property in the city to cause or permit any weeds, or to place, cause or permit any rubbish, to be or remain on any real property in the city or on portions of streets adjoining such real property to the centerline of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Destruction by burning within the city is unlawful unless the written permission of the chief of the fire department is first obtained.

(Prior code § 26-19)

The fire chief may establish standards for the maintenance of weeds on vacant lots. These standards shall be effective upon being filed with the city clerk.

(Prior code § 26-20)

If the person owning, occupying, renting, managing or controlling any real property in the city fails to remove therefrom and from the portions of streets adjoining such property all weeds and rubbish in accordance with the provisions of this chapter, it shall be the duty of the chief of the Rio Vista fire department, if so designated by the city manager, to notify such person to remove the same. Such notice shall be in writing and shall be deposited in the United States Post Office at Rio Vista, California, with postage thereon prepaid and addressed to such owner at his or her last known place of address shown on the assessment roll of the city, and if no such address is there shown or is known, then to general delivery, Rio Vista. If such real property is occupied and the mailing address thereof is different from that of the owner on assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Such notice shall contain a description of the property, which description may be the county assessor's parcel number, or may be the street and number thereof, or may be any other description by which the property may be reasonably identified. One or more lots or blocks of land may be described in one and the same statement of notice.

(Prior code § 26-21)

As an alternative to mailing notice as provided in Section 8.24.050, the chief of the Rio Vista fire department may cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He or she shall post:

A. One notice to each separately owned parcel of property of not over 100 feet frontage;

B. Notices at not more than 100 feet apart if the frontage of such a parcel is greater than 100 feet.

(Prior code § 26-22)

Within 10 days from the mailing or posting of the notice required by this chapter, the owner of the property, or any person affected by the notice may appeal to the fire chief from the requirements thereof. The appeal shall be in writing and filed with the fire chief. Upon timely receipt of an appeal, the appeals board shall proceed to hear and pass upon such appeal and its decision shall be final.

(Prior code § 26-23)

The notice may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.

Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter, provided that upon the second and subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearing need be held, and it shall be sufficient to mail a notice to the owner of the property as they and their addresses appear upon the current assessment roll.

(Prior code § 26-24)

If the person or persons owning, occupying, renting, managing or controlling real property in the city fails to remove or destroy weeds and rubbish in accordance with the notice given pursuant to the provisions of Section 8.24.050 within 10 days after the mailing of such notice, it shall be the duty of the fire chief and his or her assistants, employees, contracting agents or other representatives of the city to destroy or remove such weeds or rubbish, and they, and each of them, 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 purposes 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 his or her authorized representatives for such purpose.

(Prior code § 26-25)

The Rio Vista fire department 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 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.

(Prior code § 26-26)

The city clerk shall post a copy of such report and assessment list on the bulletin board near the entrance to the City Hall, together with the notice of the filing thereof and the time and place when and where it will be submitted to the city council for hearing and confirmation. The Rio Vista fire department shall mail to the persons in the manner prescribed in Section 8.24.050 a notice in form substantially as follows:

(Prior code § 26-27)

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

(Prior code § 26-28)

It is lawful for any person to pay the amount of such assessment for destruction or removal of weeds or rubbish on or before the _____ day of _____ following the date the confirmation of the assessment was made by the council. If the assessment is not paid on or before said date, the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the property and shall be subject to the same penalties as are provided for other delinquent taxes or assessment of the city.

(Prior code § 26-29)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Prior code § 26-30)

The method of removing weeds, rubbish, vines, shrubs, brush and/or debris from property shall be as follows:

A. Discing. Discing shall include rototilling or cultivating. Discs shall be set at an angle sufficient to cut the sod growth loose and bury the growth of weeds/grass existing at that time. Weeds/grass growth between disced area and sidewalks, buildings, fences, etc., must be cut down and removed. This method is preferred.

B. Mowing. If this method is used, the mowing shall be done each time the weeds exceed three inches in height. Any weeds/grass left standing along fences or structures after mowing or discing must be cut. Mowed weeds/grass shall be removed from the entire lot. Sidewalks and walking areas must be kept free of weeds, other noxious vegetation and rubbish.

C. Hand Work. Most properties require some form of hand work. Hand work is described as the removal of all litter, rubbish and debris; the removal of all weeds and grass extending over onto sidewalks; the removal of all weeds and grass along fence lines and also the removal of weeds and grass from properties inaccessible by larger equipment.

D. Firebreaks. A firebreak is a continuous strip of land which is clear of all combustible weeds, grass, stubble, rubbish or other material which would allow the travel of fire. The required width of a firebreak shall be 30 feet minimum. Generally, firebreaks are acceptable on properties over 20 acres and those properties recognized as open space. Firebreaks may include fire-resistive vegetation such as irrigated crops, green lawns, ice plant, green ivy and other plants recognized by the California Division of Forestry being fireresistive and must be 30 feet in width minimum.

(Prior code § 26-31)

A. Persons claiming an exemption as listed below, must notify the Rio Vista fire department in writing stating which abatement procedure they are following or their exemption status. Any person who does not notify the Rio Vista fire department in writing by _____, will be abated to code standard.

1. Parcels under agricultural use are required to have 30 foot firebreaks adjacent to all developed area fences or structures. The balance of the parcel will require total abatement by discing or mowing alter the crops are harvested.

2. Single parcels being used as pasture (other than irrigated pasture) must have a 30 foot fire-break around the perimeter of the property. Pasture land is defined as a parcel of land in excess of one acre where sufficient animals are essential to maintain the maximum height of combustible growth to three inches. If combustible growth cannot be controlled by the number of animals present, total abatement of the parcel by discing or mowing will be required.

3. Thirty foot firebreaks shall be provided around the outside perimeter and around all combustible structures such as buildings, wooden fences, large areas of trees or deadfall, and other combustible foliage. Other areas of the property may require additional firebreaks because of their potential capability to spread fire as: gullies, creeks, etc. These additional needs shall be determined by the fire inspector on a case by case basis.

4. Irrigated pasture land is herein described as land used for grazing purposes where irrigation of the land is consistent enough to keep ground growth green. Note: Combustible growth that occurs when irrigation ceases must be removed as set forth in these standards.

5. Properties that are protected by any environmental agency due to wet lands, natural habitats, etc., are not required to comply with these standards.

B. Several separate parcels (other than irrigated pasture) grouped by one owner or one user into a single contiguous parcel, which is being used as pasture, will be treated as a single parcel with a single owner.

(Prior code § 26-32)