Salinas Municipal Code Art. II Refuse and Weeds on Lots

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Editor's note— Ord. No. 2654 (NCS), § 3, adopted February 15, 2022, renumbered Article II as set out herein.

State Law reference— For state law as to weed and rubbish abatement generally, see Gov. C., §§ 39560 to 39582. For charter provisions as to abatement of the unsightly, see Char., § 114.

No person owning or otherwise in control of any real property within the city shall permit or allow any weeds or grass which bear seeds of a windborne or downy nature, or which attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, to grow, stand or remain upon such real property or upon any street or sidewalk in front of such real property.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

No person owning any lot in the city shall permit or allow any rubbish, refuse, trash, debris, or dirt to stand or remain upon such lot or any street, parkway, or sidewalk, in front of said lot.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

Whenever the fire chief or his duly authorized representative determines that the presence of weeds, grass, rubbish, refuse, trash, debris or dirt upon any real property within the city constitutes a fire menace or other hazard to the lives, property or well-being of the populace, he shall immediately notify the owner(s) of such property, and may notify the person(s) in possession or control of such property if different from the owner(s) thereof, to remove the hazardous material or growth in accordance with specifications for such work adopted by the council. Such removal shall be accomplished within ten days after receipt of such notification or within ten days after such notice shall be deemed to have been received in the event notice is mailed pursuant to the provisions of section 14-02.04.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

The notice to remove pursuant to section 14-02.03 shall be given by delivering a written notice personally to the owner(s) of the property upon which the fire menace is located, or by depositing such notice in the United States mail, postage prepaid, and addressed to the owner(s) thereof at his last known address as the same appears on the last equalized assessment roll of the County of Monterey. In the event a notice to remove is also given to the person(s) in possession or control of the property, such notice shall be given in either manner specified in this section with respect to giving notice to the owner of the property, and may be addressed to "occupant" or "to whom it may concern," if the name of such person(s) is not known.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

Persons owning lots, the fire chief or his duly authorized representative, or contractor, as the case may be, shall remove weeds, grass, rubbish, refuse, trash, debris, and dirt in accordance with specifications adopted by council resolution. As used herein, "contractor" shall mean any person with whom the city shall have duly contracted to remove the weeds, grass, rubbish, refuse, trash, debris, and dirt, when persons owning lots have failed to remove same after notice, as herein provided.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

Upon failure of persons to comply with the notice, the fire chief or his duly authorized representative shall cause the materials or growths constituting such menace to be removed, and shall file a report with the council advising that the removal was required and has been done, the cost of doing such work and the name of the owner or owners of the property upon which the work was required.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

Prior to the performance of any weed abatement work by any person under contract with the city, the fire chief or his duly authorized representative shall cause to be recorded in the office of the Recorder of Monterey County, a notice of the pendency of weed abatement proceedings by the city against the particular parcel involved. Upon completion of the weed abatement work required and the reimbursement of the city for any necessary charges incurred on account thereof, the fire chief or his duly authorized representative shall cause to be recorded in the office of the Recorder of Monterey County, a notice of the completion of weed abatement proceedings against the particular parcel involved with respect to which a prior notice of pendency of weed abatement proceedings has been recorded. The notice of completion of weed abatement proceedings shall have the effect, when recorded, of conclusively establishing that weed abatement proceedings have been completed and all necessary charges incurred on account thereof by the city have been paid, and shall extinguish the notice of pendency of weed abatement proceedings previously recorded. These notices shall specify the name of the current owner(s) of the parcel as shown on the last equalized assessment roll of the County of Monterey and the date on which, and the book and page number of the official records of Monterey County at which, the ownership interest of such owner(s) is shown as recorded, the Monterey County assessor's parcel number for the parcel involved, as well as any other information necessary to facilitate their recordation and convey notice of the pendency or completion of weed abatement proceedings.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

The council shall annually conduct a hearing upon the report submitted by the fire chief or his duly authorized representative for the purpose of hearing all protests and objections to same, the work done thereunder and the costs contained therein. At least ten days in advance of such hearing, the city clerk shall notify the persons owning property upon which work was performed under section 14-02.03 of the date, time and place of such hearing and the total cost to be charged against such person and property, which total cost shall include such charges as the council, by resolution, has determined for administrative expenses connected with the removal and the collection of costs therefor. The notice provisions of section 14-02.04 shall be applicable to the notices required to be sent under this section.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

At the public hearing, the council shall hear and determine all protests and objections to the report and the work done thereunder and costs contained therein, and shall, by resolution, confirm, amend, or reject the report, either in whole or in part.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

Any special assessment filed against real property under this article shall be imposed following the procedure set forth in Division 3 of Article II of Chapter 1 of the City Code.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)

Lots on which, or in front of which, weeds, grass, rubbish, refuse, trash, debris, or dirt grows, stands, or remains, shall be described by giving the lot and block number of the same according to the official map or the assessment map of such city used for describing property on tax bills, and no other description of such lot shall be required, except as otherwise provided herein.

(Ord. No. 2654 (NCS), § 3, 2-15-2022)