San Joaquin Municipal Code Ch. 93 Nuisances; Health and Safety

Section

General Provisions

Weeds

Weed, Rubbish and Nuisance Abatement

Cross-reference:

Animals, see Chapter 92

Garbage Collection; Disposal, see Chapter 96

Streets and Sidewalks; Trees and Shrubs, see Chapter 91

GENERAL PROVISIONS

It is unlawful for any person within the limits of the city to have maintain, permit or use upon any premises within the limits of the city, any cesspool, septic tank or outhouse not connected with the city sewer, and all toilets and toilet facilities maintained or kept upon any premises within the limits of the city must be connected with the sewer line maintained by the city, unless the premises are located outside of that part of the city which is served by sewers and sewer lines provided by the city.

(1994 Code, § 8.28.010) (Ord. 16, passed - -1944) Penalty, see § 93.99

All persons within the limits of the city shall, at all times, keep the premises used by them, or subject to their control, as agent or otherwise, in the condition as to not endanger the public health by having or permitting any decomposable matter to become foul or offensive.

(1994 Code, § 8.28.020) (Ord. 16, passed - -1944)

It is unlawful to dump or leave any garbage or other decomposable matter on any lot, street or alley in the city.

(1994 Code, § 8.28.030) (Ord. 16, passed - -1944) Penalty, see § 93.99

WEEDS

All weeds growing upon the streets or sidewalks or upon private property within the city which bear seeds of a wingy or downy nature, or attain, such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, and all rubbish, refuse and dirt upon streets, parkways, sidewalks or private property within the city, may be declared to be a public nuisance by the City Council and may be abated as herein provided.

(1994 Code, § 8.32.010)

(A) Whenever the weeds are growing upon any street or sidewalk or private property, or whenever rubbish, refuse or dirt is upon any street, parkway, sidewalk or private property, the City Council may, by resolution, declare the same to be a public nuisance.

(B) The resolution shall refer to the street by the name under which it is commonly known and describe the property upon which, or in front of which, the nuisance exists, by giving the lot and block number of the same, according to the official map or the assessment map of the city used for describing property on tax bills; and no other description of the property shall be required.

(C) Any number of streets, sidewalks or parcels of private property may be included may be included in any one and the same resolution.

(1994 Code, § 8.32.010)

(A) After passage of the resolution, the Street Superintendent shall cause to be conspicuously posted on and in front of the property on which, or in front of which, the nuisance exists, one notice to each piece or parcel of property in separate ownership of not over 50 feet frontage, or not more than two notices to any piece or parcel of property of separate ownership with a frontage of 100 feet or less.

(B) If the frontage of any piece or parcel of property in separate ownership is greater than 100 feet, notices shall be posted not more than 100 feet apart.

(C) The notices shall be headed "Notice to Destroy Weeds and to Remove Rubbish, Refuse and Dirt", the heading to be in words of not less than one inch in height and substantially in the following form.

(1994 Code, § 8.32.030)

The notices shall be posted at least five days prior to the time for hearing objections by the City Council.

(1994 Code, § 8.32.040)

At the time stated in the notices, the City Council shall hear and consider all objections or protests, if any, to the proposed removal of weeds, rubbish, refuse and dirt and may continue the hearing from time to time. Upon the conclusion of the hearing, the City Council by motion or resolution shall allow or overrule any or all objections, whereupon the City Council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the City Council in the matter shall be deemed final and conclusive.

(1994 Code, § 8.32.050)

(A) After final action has been taken by the City Council on the disposition of any protests or objections, or in case no protests or objections have been received, the City Council, by motion or resolution, shall order the Street Superintendent or the other public officer as the City Council may designate, to abate the nuisance by having the weeds, rubbish, refuse and dirt referred to removed, and he or she and his or her assistants or deputies are authorized to enter upon private property for that purpose. Any property owner shall have the right to have the weeds and rubbish, refuse and dirt removed at his or her own expense, providing the same is done, prior to the arrival of the Street Superintendent or the other public officer so designated or his or her representatives to do the same.

(1994 Code, § 8.32.060)

(B) The Street Superintendent or the other public official so designated shall keep an account of the cost of abating the nuisance in front of each separate lot or parcel of land where the work is done by him or her deputies, and shall render an itemized report in writing to the City Council showing the cost of removing the weeds, rubbish, refuse and dirt on each separate lot or in front thereof, or both; provided that, before the report is submitted to the legislative body a copy of the same shall be posted for at least three days prior thereto on or near the chamber door of the City Hall of the city, together with a notice of the date when the report shall be submitted to the legislative body for confirmation.

(1994 Code, § 8.32.070)

The City Council shall, thereupon, confirm the costs, if the same is fair and reasonable. The City Council shall cause a report to be made as of June 30 of each year to the County Assessor, which report shall show all parcels of property on or in front of which, or both, costs have been charged, and the report shall direct the County Assessor to enter the costs as a weed abatement tax against all of the respective parcels of real property, the entries to be made upon the assessment roll for the current fiscal year.

(1994 Code, § 8.32.080)

WEED, RUBBISH AND NUISANCE ABATEMENT

This subchapter shall be known as the "Weed, Rubbish and/or Nuisance Abatement Ordinance". This subchapter applies to all property within the city and provides an alternate method for the abatement of nuisances within the city. Nothing contained herein is intended to limit the city's use of other available remedies for the protection of the public health, safety or welfare.

(1994 Code, § 8.34.000) (Ord. 06-100, passed 2-8-2006)

For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

WASTE MATTER. Unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists (without limitation or exclusion by enumeration) of the matter and materials, including but not limited to:

(1) Rubble, asphalt, concrete, plaster, tile;

(2) Rubbish, crates, cartons, metal and glass containers; and

(3) Weeds which bear the seeds of a downy or wingy nature, sagebrush, chaparral, poison oak, dry grass, brush, litter or other flammable, noxious or dangerous material which endangers the public safety by creating a fire hazard.

(1994 Code, § 8.34.010) (Ord. 06-100, passed 2-8-2006)

(A) All weeds or dry grasses, dead shrubs, dead trees or tree limbs that constitute a nuisance, rubbish or any material growing or discarded upon the streets, parking areas, sidewalks or upon private property within the city which bear seeds of a wingy or downy nature or which, by reason of their size, manner of growth and location, constitute a fire hazard to any building, improvement, crops or other property, and weeds or grasses which, when dry, will, in reasonable probability, constitute a fire hazard are hereby declared to be a public nuisance.

(B) Cultivated and useful grasses and pastures are not a public nuisance as determined by the City Manager and/or his or her designated representative pursuant to § 93.41; provided, however, that, if the City Manager or his or her authorized representative determines it necessary to protect property from fire exposure, an adequate fire break may be required.

(1994 Code, § 8.34.020)

(C) Waste matter, as defined in § 93.41 of this chapter, that, by reason of its location and character, would materially hamper or interfere with the prevention or suppression of the fire upon any lot, property or premises, or the abatement of a nuisance as defined by division (A) of this section, is a public nuisance.

(D) The amount, volume of square footage of the matter/waste/nuisance that is remediated from a property shall be measured in square feet, not down or cut and/or the volume of material remediated, shall be defined as the volume that the material constitutes in its uncompressed manner as it lays naturally on the property in question. The volume shall be defined as the matter in its natural state rather than subsequently compressed or chipped state.

(1994 Code, § 8.34.030) (Ord. 06-100, passed 2-8-2006)

(A) If it is determined by the City Manager or his or her authorized designee, that a public nuisance, as designated in §§ 93.41, 93.42(A) and 93.42(B), exists on any lot, property or premises in the city or upon any sidewalk, parking area or street adjacent to the lot, property or premises, the City Manager or his or her authorized designee shall cause, including through the use of a third party contractor, a notice to be issued to abate the nuisance. The notice shall be headed "Notice to Abate Public Nuisance" in legible characters, shall direct the abatement of the nuisance and shall be directed to the owner, occupants or person in charge or control of the lot, property or premises.

(1994 Code, § 8.34.040)

(B) The notice required shall be served in any one of the following ways:

(1) By personal service on the owner, occupant or person in charge or control of the lot, property or premises. Service shall be complete upon the personal service;

(2) By regular or certified mail addressed to the owner or person in charge and control of the lot, property or premises, at the address shown on the last available property assessment roll, or as otherwise known. Service shall be deemed complete upon the deposit of the notice, postage prepaid, in the United States mail;

(3) By posting at a conspicuous place a Notice to Clean Premises (These words in one inch or taller print) on the lot, property or premises or abutting public right-of-way. Service shall be deemed complete on the day of posting.

(1994 Code, § 8.34.050)

(C) (1) Within ten days from the date of service of the required notice, the owner or person occupying or controlling the lot, property or premises affected may appeal to the City Manager. The appeal shall be in writing and shall be filed with the City Clerk. An administration fee of $25 shall accompany any appeal filed. The fee may be waived by the City Manager or his or her authorized designee if financial inability can be reasonably shown. Application for a waiver shall be in the form of a letter signed by the owner or appropriate designee. The City Manager or his or her authorized designee shall hold a public hearing not less than five calendar days, nor more than 20 calendar days, from receipt of both a written appeal and the administrative fee.

(2) The decision of the City Manager or his or her authorized designee thereupon shall be final and conclusive unless a written appeal is made to the City Council within five business days of the decision of the City Manager or his or her authorized representative. The appeal shall be in writing and shall be filed with the City Clerk. An additional administration fee of $25 shall accompany any appeal filed. The fee may be waived by the City Manager or his or her authorized designee if financial inability can be reasonably shown. Application for a waiver shall be in the form of a letter signed by the owner or appropriate designee. The City Clerk shall notify the appellant in writing no later than seven days prior to the scheduled hearing of the time, date and place of the hearing by mailing the notice to him or her at the address stated in his or her written appeal.

(3) (a) The City Council shall hear the appeal as scheduled in the notice. The City Council's decision on the issue shall be final.

(b) In the event the City Manager denies the appeal the appellant shall have five days thereafter to appeal to the full City Council. The City Council may take up to 30 days to hear this matter and vote thereon.

(4) Failure of any person to file an appeal in accordance with the provisions outlined above shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order to abate, administrative penalty or any portion thereof.

(1994 Code, § 8.34.060)

(Ord. 06-100, passed 2-8-2006)

(A) It shall be the duty of the owner, the agent of the owner, or the person in possession or control of any lot, property or premises in the city, within 20 days from the date of notification as provided in this chapter, or in case of an appeal, within ten days from the final determination thereof, unless the same is sustained, to remove the nuisance as stated in the notice to abate public nuisance.

(B) Once it has been determined that the property has a nuisance, the responsible party/parties are jointly and severally responsible for the abatement and/or the costs of the abatement. The cost of abatement includes the costs paid to the contractor hired by the city, the administrative costs and all attorney's fees in defending the city's right to cause the forced abatement. Abatement by private contractor will only take place after an authorized representative of the city has inspected and approved the forced abatement of the nuisance and then ordered the forced abatement in writing. All abatements will take place under this authority only. It shall also be the duty of the owner, occupant or person in charge of the property to obtain all required permits or approvals from all other governmental agencies, including, but not limited to, the State Fish and Game and the U.S. Fish and Wildlife Service, prior to removal of the nuisance.

(1994 Code, § 8.34.070) (Ord. 06-100, passed 2-8-2006)

If the owner, occupants or person in charge of the subject property fails or neglects to remove the nuisance, as defined in this subchapter, within the time specified in this subchapter, the City Manager or his or her authorized designee shall cause the nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the abatement proceedings and an accurate account of the charges for abating the nuisance on each separate property shall be filed with the City Clerk.

(1994 Code, § 8.34.080) (Ord. 06-100, passed 2-8-2006)

The City Council shall thereupon set the cost report and account far approval by the City Council at a regular or adjourned regular meeting, which will be held at least seven calendar days after the date of filing, and shall post a copy of the report and account and notice of the time, date and place of approval in a conspicuous place at or near the entrance of the Council chambers in the city office three days prior to the public hearing.

(1994 Code, § 8.34.090)

(B) The City Council shall consider the cost report and account at the time set for approval, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the protest, the City Council shall approve the report and account as submitted, or as modified or corrected by the City Council. The amounts so approved shall become liens upon the respective lots, properties or premises, upon which abatement was performed, and the City Council shall adopt a resolution assessing the amounts as liens upon the respective parcels of land as they are shown upon the most recent available property assessment roll, and determining that the weeds, grasses, dead trees, dead shrubs and waste matter constitute a public nuisance.

(1994 Code, § 8.34.100)

(C) The City Clerk shall prepare and file with the County Auditor a certified copy of the resolution of the City Council.

(1994 Code, § 8.34.110)

(Ord. 06-100, passed 2-8-2006)

The Finance Department of the city or its authorized designee may accept payment of any amount due at any time prior to the City Council's final determination on the cost report and account.

(1994 Code, § 8.34.120) (Ord. 06-100, passed 2-8-2006)

(A) The provisions of Cal. Gov't Code §§ 39580 to 39585, inclusive, are incorporated in this chapter by reference; provided, however, that, the authority for this chapter is Cal. Gov't Code § 39502 and provided, further, that, the City Council does not adopt the alternative provisions established by Cal. Gov't Code §§ 39560 et seq., except as expressly provided herein. The County Auditor shall enter each assessment in the county tax roll relating to the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.

(B) If the property in question is transferred subsequent to abatement, any abatement fees applicable prior to the transfer shall remain applicable against the property until paid, regardless of whether the lien for the special assessment has been recorded or not. Pursuant to Cal. Civil Code § 3483, if the property in question is transferred during the time of notices prior to abatement, all notices that have previously been sent to the first owner shall be deemed to be noticed to the new owner.

(1994 Code, § 8.34.130) (Ord. 06-100, passed 2-8-2006)

(A) The owner, occupant or agent of any lot, property or premises subject to this chapter who permits or allows the existence of a public nuisance, as defined in this subchapter, upon any lot, property or premises owned, occupied or controlled by him or her, or who violates any of the provisions of this chapter, is guilty of a misdemeanor.

(B) The adoption of this chapter is authorized by the State Food and Agricultural Code pursuant to Cal. Health and Safety Code § 5415 and related sections.

(1994 Code, § 8.34.140) (Ord. 06-100, passed 2-8-2006)

(A) Whoever violates any provision of this chapter where no other penalty is provided shall be subject to § 10.99.

(B) (1) Any person violating any of the provisions of §§ 93.01 through 93.03 shall be deemed, upon conviction, to be guilty of a misdemeanor, and shall be subject to a fine of not more than $50, or by imprisonment in the county jail for not more than 30 days, or by both the line and imprisonment.

(2) Each successive day that any person shall permit any such nuisance to remain after time specified in notice by the Chief of Police shall be an additional offense.

(1994 Code, § 8.28.040) (Ord. 16, passed - -1944; Ord. 06-100, passed 2-8-2006)