Rohnert Park Municipal Code Ch. 8.08 Weed Abatement

All weeds growing upon any private property or in any public street or alley within the city, and bearing seeds of a wingy or downy nature or which, because of having attained such a large growth and being dry, have become a fire menace, or which are otherwise noxious or dangerous, constitute a public nuisance, which nuisance shall be abated as provided in this chapter. Every property owner shall destroy such weeds or remove them from his property and the abutting half of the street in front, and the alley, if any, behind his property, and between the lot lines thereof as extended.

(Ord. 27 § 1, 1963)

Whenever any such weeds are growing upon any private property or in any street or alley within the city, the city council shall pass a resolution declaring the same to be a public nuisance, and order the city manager to give notice of the passage of such resolution as herein provided and stating therein that unless such nuisance be abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the city authorities or their designated agents or contractors, and the expense thereof shall be assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds.

(Ord. 27 § 2, 1963)

It is unlawful for any person having the control, possession or ownership of any lot or block of land within the limits of the city to permit or allow the lot or block of land to become obstructed by weeds, grass or other vegetable growth in such a manner as to menace the public safety in the matter of fire.

(Ord. 57 § 1, 1965)

The notice described in Section 8.08.020 shall be substantially in the following form:

"NOTICE TO DESTROY WEEDS

NOTICE IS HEREBY GIVEN that on _______, 19___, pursuant to the provisions of Ordinance no. 27 of the City of Rohnert Park, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, bearing seeds of a wingy or downy nature, or having attained such a large growth, and being dry, are a fire menace, or which are otherwise noxious, or dangerous, constitute a public nuisance, which nuisance must be abated by the destruction and removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall without delay remove all such weeds from their property and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the City authorities, or their designated agents or contractors, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a charge upon such lots or lands until paid, and a penalty of ten percent for nonpayment within the time and in the manner prescribed, plus a penalty of one-half of one percent per month for nonpayment of the charge and basic penalty, will attach thereto.

All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the City Council to be held _______ on _______, 19___, at eight o'clock p.m., when and where their objections will be heard and given due consideration.

Dated:_______, 19___.

___________ City Manager"

Such notice shall be published at least twice in a newspaper published and circulated in said city, the first publication of which shall be at least ten days prior to the time fixed by the city council for hearing objections.

(Ord. 27 § 3, 1963)

At the time stated in the notice, the city council shall hear and consider any and all objections to the proposed destruction or removal of such weeds, and may continue the hearing from time to time. Upon the conclusion of such hearing, the city council by motion or resolution, shall allow or overrule any or all objections, if any, after which the city council shall thereupon be deemed to have acquired jurisdiction to proceed to perform the work of destruction and removal of such weeds. The decision of the city council at the conclusion of such hearing shall be final and conclusive.

(Ord. 271 § 1, 1975: Ord. 27 § 4, 1963)

After final action has been taken by the city council on the disposition of all objections, or in case no objections have been received, the city council shall by resolution order the city manager to abate such nuisance, or cause the same to be abated, by having the weeds referred to destroyed or removed; and the city manager and his deputies, assistants, employees, contracting agents, or other representatives are expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to destroy or remove such weeds himself or have the same destroyed or removed at his own expense, provided that such weeds shall have been removed prior to the arrival of the maintenance superintendent or his authorized representatives to remove them. However, it is unlawful for any property owner or other person to burn or attempt to burn any such weeds without first having obtained written permission to do so from the city manager.

(Ord. 27 § 5, 1963)

The city manager shall keep an account of the cost of abating such nuisance 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 the account in a report and assessment list to the city council, which shall be filed with the clerk. The report shall refer to each separate lot or parcel of land by description sufficient to identify the lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land therefor respectively; provided, that if the cost of abating the nuisance upon any one or more lots or parcels for any reason cannot be included within the report and assessment at the time the report and assessment on the remainder of the lots and parcels is filed, then the report and assessment on the lots and parcels not so included shall be included within the report and assessment for weed abatement for the next subsequent period.

(Ord. 27 § 6, 1963)

The city clerk shall post a copy of such report and assessment list on the bulletin board near the entrance door of the city office together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city 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 said notice shall be made and completed at least ten days before the time such report shall have been submitted to the city council. Such notice, as so posted and published, shall be substantially in the following form:

"NOTICE OF HEARING OF REPORT AND ASSESSMENT FOR WEED ABATEMENT

NOTICE IS HEREBY GIVEN that on _______, 19___, the City Manager of the City of Rohnert Park, filed with the City Clerk a report and assessment on abatement of weeds within said City, a copy of which is posted on the bulletin board at the entrance to the City Office.

NOTICE IS FURTHER GIVEN that on _______, the _______ day of _______, 19___, at the hour of eight o'clock p.m. in the City Council Chambers, 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___.

___________ Clerk, City of Rohnert Park"

(Ord. 27 § 7, 1963)

At the time and place fixed for receiving and considering such report, the city 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, and said city manager shall attend such meeting with his record thereof, and upon such hearing the city council may make such modifications in the proposed assessments therefor as it may deem necessary, after which such report and assessment list shall be confirmed by resolution.

The amount of the cost of abating such nuisance upon, or in the 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 charge on such properties for the amount of such assessments until paid.

(Ord. 27 § 8, 1963)

All special assessments against such respective lots or parcels of land are due and payable within thirty days after the date of confirmation by the city council at the office of the city, Rohnert Park, California. In the event that the charge is not paid within the time, and at the place so provided, there shall attach to the charge a penalty of ten percent. Moreover, in the event that the payment and penalty is not paid, there shall attach thereto a penalty of one-half of one percent per month for nonpayment of the charges and basic penalty.

(Ord. 27 § 9, 1963)