Chapter 9.12

WEEDS, RUBBISH AND OTHER MATTER

Parts:

• 1 General Provisions and Definitions

• 2 Abatement Procedure

• 3 Alternate Refuse Abatement Procedure

• 4 Alternate Sewer Lateral Repair or Installation Procedure

• 5 Collection of Expenses

Part 1

GENERAL PROVISIONS AND DEFINITIONS

Sections:

• 9.12.010 Definitions.

• 9.12.020 Construction and scope of chapter provisions.

• 9.12.030 Provisions not exclusive.

• 9.12.040 Weeds or refuse may be declared public nuisance - Abatement authorized - Costs.

• 9.12.050 Obstructed or damaged sanitary sewer laterals may be declared public nuisance - Abatement authorized - Costs.

As used in this chapter:

• A. "Director of streets and traffic" means the director of the streets and traffic department of the City of San José.

• B. "Fire chief" means the head of the fire department of the city.

• C. "Director of neighborhood preservation" means the director of the department of neighborhood preservation.

• D. "Refuse" means and includes "garbage," "swill," "rubbish" and "stable matter," as said words are defined in Part 2 of Chapter 9.10 of the San José Municipal Code.

• E. "Repair" means repair or replacement of any connecting sewer lateral and appurtenances between a public sanitary sewer and the property line of any premises.

• F. "Weeds" means any and all weeds, grasses or rank growths growing upon streets, parkways, sidewalks or private property, including:

  1. Any growth which bears seeds of a downy or winged nature;

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§ 9.12.010

2. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

3. Weed seeds and weed seedlings;

4. Dry grass, stubble, brush, rank growth, litter, or other flammable material which endangers the public safety by creating a fire hazard;

5. Any growth which obstructs streets, parkways or sidewalks;

6. Growth or litter which is otherwise noxious, dangerous, or injurious to neighboring or other property or to the health or welfare of residents of the vicinity.

(Prior code §§ 3200.1 - 3200.3, 3200.3a, 3200.3b, 3200.7; Ords. 20750, 21657, 23734, 24315.)

This chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity or informality, and no neglect or omission of any officer, in any procedure taken under this chapter, which does not directly affect the jurisdiction of the council, shall void or invalidate any action or proceedings for the abatement or removal of any weeds or refuse or any lien or special assessment for the cost or expense of any such removal or abatement. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the council in accordance with the provisions of this chapter.

(Prior code § 3200.6.)

The proceedings provided by this chapter are an alternate to any other procedure established by state law or by any other ordinance of this city. (Prior code § 3200.5.)

Weeds or refuse may be declared a public nuisance and may be abated, and the cost and expense of such abatement may be collected, as provided in this chapter.

(Prior code § 3200.4.)

Any connecting sewer lateral between a public sanitary sewer and the property line of any premises which, by reason of damage or obstruction, is inoperative and unable to carry sewage from the property line of any premises to said public sewer, may be declared a public nuisance and may be abated and the cost and expense of such abatement may be collected as provided in this chapter. (Prior code § 3200.4a.)

Part 2

ABATEMENT PROCEDURE

Sections:

• 9.12.100 Weeds or refuse - Declared public nuisance when.

• 9.12.110 Seasonal and recurrent weeds - Declaration of public nuisance - Preventative abatement.

• 9.12.120 Resolution declaring nuisance - Inclusion of more than one street or parcel.

• 9.12.130 Notice of nuisance - Posting required.

• 9.12.140 Notice of nuisance - Location for posting - Number.

• 9.12.150 Notice of nuisance - Time of posting.

• 9.12.170 Seasonal and recurrent weeds - Notice - Form.

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§ 9.12.130

• 9.12.180 Alternative method of giving notice.

• 9.12.185 Waiver.

• 9.12.190 Hearing of objections - City council authority.

• 9.12.200 Ruling on objections - Jurisdiction to proceed.

  • C. Upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within a one-year period from the date of said resolution, no further hearings need to be held and it shall be sufficient to mail a postcard notice to the owners of the property as they and their addresses appear upon the current assessment roll.

• 9.12.210 Abatement order made when.

• 9.12.220 Removal of weeds by owner.

• 9.12.230 Authority to enter upon property.

• 9.12.240 Manner of abatement.

• 9.12.250 Emergency abatement - Fire chief authority.

• 9.12.260 Contractor payments to be from certain fund.

Whenever weeds are growing, or refuse is situated upon any street, Furnishing Zone/Parkstrip, sidewalk or private property, the City Council may, by resolution, declare the weeds or refuse a public nuisance.

(Prior code § 3200.20; Ord. 30100.)

• A. In the event that the fire chief should find noxious or dangerous weeds which are seasonal and/or recurrent nuisances situate upon any street, parkway, sidewalk or private property in the City of San José, the council of the City of San José may, by resolution, declare the seasonal and/or recurrent weeds to be a public nuisance and may authorize abatement of such seasonal and/or recurrent nuisances in accordance with this chapter.

• B. The notice shall, in addition to containing all other matters required by this chapter, state that noxious or dangerous weeds of a seasonal and/or recurrent nature are growing on or in front of the property.

• D. In the event that the city council finds and declares that weeds on a specified parcel or parcels of property are a seasonal and/or recurrent nuisance, and the city is once required to abate such nuisance, then before and during the next germinating season of such weeds, the city may provide for the preventative abatement of such nuisance by using chemical control of such weeds.

• E. In the event that the city determines to provide for preventive abatement of weeds by using chemical control, the notice required by this chapter shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds and that the city may require preventive chemical control of such nuisance.

(Ords. 19636, 20750.)

Any number of streets, parkways, sidewalks or parcels of private property may be included in one resolution.

(Prior code § 3200.22.)

After passage of the resolution, the fire chief shall conspicuously post notices, or cause notices to be conspicuously posted, on or in front of the property on or in front of which the nuisance exists. (Prior code § 3200.23.)

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§ 9.12.140

At least one notice shall be posted on or in front of each lot or parcel of land on or in front of which the nuisance exists. If any such lot or parcel is more than one hundred feet in width, one extra notice shall be posted on or in front of such lot or parcel for each additional one hundred feet of width or portion thereof. Whenever more than one notice is required to be posted on or in front of one lot or parcel, such notices shall be not more than one hundred feet apart. (Prior code § 3200.24.)

The notice shall be posted no later than the sixth day prior to the day for hearing objections by the city council. (Prior code § 3200.25.)

The notice to destroy seasonal and recurrent weeds shall be substantially in the following form:

"NOTICE TO DESTROY SEASONAL AND RECURRENT WEEDS

"NOTICE is hereby given that on

,

19 , the council of the City of San José adopted a resolution declaring that noxious or dangerous weeds which may be seasonal and recurrent nuisances are situate upon or in front of the property on the street as shown on the front of this card, in San José, California, and more particularly described in the resolution, and that such constitutes a public nuisance which shall be abated. The efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, and the City of San José may therefore require preventive chemical control of such nuisance. If the nuisance is not removed or abated by the property owner, it shall be abated and may be chemically treated by the City of San José and the cost and expense of removal, abatement, and chemical treatment assessed upon the land from or in

front of which the weeds are removed or treated by preventive chemical control, and such cost will constitute a lien upon such land until paid. Reference is hereby made to said resolution for further particulars. A copy of said resolution is on file in the office of the city clerk of the City of San José, City Hall, San José, California, numbered .

"All property owners having any objections to the proposed removal of such weeds and proposed preventive chemical control are hereby notified to attend a meeting of the council of the city of San José, in the council chambers, City Hall, First and Mission Streets, San José, California, on ,

19 , at the hour of 7:00 p.m., or as soon thereafter as the matter can be heard, when their objection will be heard and be given due consideration.

"Dated: , 19 . "Fire chief, City of San José abatement officer" (Ords. 19636, 21657.)

• A. As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the city council may direct the fire chief to mail, or the fire chief without such direction may in his discretion mail, written notice of the proposed abatement to all persons owning property described in the resolution. The fire chief, if this alternative method of giving notice is followed, shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the city council. The addresses of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notices.

• B. Said notices, if mailed as aforesaid, shall be deposited in the United States mail no later than the sixth day prior to the day for hearing objections by the city council.

• C. Any notices mailed pursuant to this section shall be substantially in the form provided by

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§ 9.12.240

Section 9.12.170, except that the heading of the notice need not comply with Section 9.12.170.

(Prior code § 3200.28.)

Upon receipt of said notice, property owner may waive the right to public hearing provided in Section 9.12.190 below. Upon such waiver, the fire chief may immediately institute abatement. Any such waiver shall remain in full force and effect for one year from the date of the resolution referenced in the notice provided under Section 9.12.170 above. (Ord. 20750.)

At the time stated in the notices, the city council shall hear and consider all objections to the proposed removal of weeds and refuse. It may continue the hearing from time to time. (Prior code § 3200.29.)

By motion or resolution at the conclusion of the hearing, the city council shall allow or overrule any or all objections, whereupon the city council acquires jurisdiction to proceed with the work of removal, and the decision of the city council is final except as provided in Section 9.12.600. (Prior code § 3200.30.)

If objections have not been made, or after the city council has disposed of those made, the city council shall order the fire chief to abate the nuisance or to cause it to be abated by having the weeds or refuse removed.

(Prior code § 3200.31.)

Any property owner may have the weeds and refuse removed at his own expense if it is done prior to the arrival of the fire chief or his assistants,

deputies, employees, contracting agents or other representatives to do it. However, after receipt of a notice to destroy weeds and remove refuse, it shall be the obligation of said owner to notify the fire chief that said weeds and refuse have been cleared. (Prior code § 3200.33; Ord. 20750.)

The fire chief, and his assistants, deputies, employees or contracting agents, or other representatives, may enter upon private property for the purpose of removing weeds or refuse or otherwise abating such nuisance. (Prior code § 3200.32.)

• A. Unless otherwise provided by the city council, the fire chief may have said work of abatement on or in front of each lot or parcel performed by himself and his assistants, deputies and employees; or, in lieu thereof, he may have such work performed by contract awarded by him to a contractor; provided, that the total amount required to be paid by the city pursuant to any such contract shall not exceed three thousand dollars per parcel or lot; and provided further, that before awarding any such contract he shall solicit not less than three informal bids or quotations therefor, and the price agreed to be paid pursuant to the contract shall not exceed the lowest responsible bid or quotation received by him for such work, the contract may cover work performable on or in front of one or more lots or parcels or both; and in the event it covers work on or in front of more than one lot or parcel, the cost thereof may be apportioned between the lots or parcels on an area or other reasonable basis.

• B. In lieu of the above, the city council may in its discretion have the above-mentioned work performed by contract awarded by the city council on the basis of competitive bids let to the lowest responsible bidder pursuant to the procedure set forth in Section 1217 of the Charter

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§ 9.12.240

of the City of San José. In such event, the contractor shall keep an account of the cost of abatement on or in front of each lot or parcel and shall render an itemized report in writing to the fire chief showing the cost of abating the nuisance on or in front of each separate lot or parcel or both.

• C. All work of abatement, whether done by the fire chief or by contract, shall be done under the supervision of the fire chief.

• D. Such work, if performed by the fire chief, his assistants, deputies, or employees, may be done by discing, rototilling, plowing, burning or any other means which the fire chief deems reasonable and necessary under the circumstances. If such work is to be performed by a contractor pursuant to an award made by the fire chief, the work shall be performed in such of said manners as may be specified by the fire chief in said contract, except that no burning shall be permitted by such contractor. If the work is to be done by a contractor pursuant to the contract awarded by the city council, the work shall be performed in such a manner as is specified in the contract.

(Prior code § 3200.34; Ord. 20750.)

• A. In the event the fire chief should find that any public nuisance, above described, within or upon or in front of any lot or parcel of land, is so serious and aggravated, and presents such an immediate menace or danger to the public health, safety, and welfare that it is essential that such nuisance be immediately abated without first posting or mailing notices as above provided, and without first giving the owners of said lot or parcel further time to abate the same, then the fire chief may immediately abate said nuisance, in the manner provided in Section 9.12.360, without first posting or mailing any notices, and without giving the owner or owners of the lot or parcel of land further time to abate said nuisance. However, the fire chief

shall first prepare and file in his office a written report describing the location, nature, and extent of the public nuisance and setting forth the reasons why said official had to abate it immediately as aforesaid, and he shall cause a copy of such report to be mailed, within ten days from and after completion of such abatement, to the owner or owners of the lot or parcel within or upon or in front of which said nuisance existed, as said owners are shown on the last equalized assessment roll of the county of Santa Clara, at their addresses as shown on said assessment roll.

• B. If said owner, or owners, has reason to believe that said property should not have been subject to emergency appeal abatement under subsection A., above, such person may, within ten days from receipt of said notice, file a petition of objection with the fire chief. Within thirty days of receipt of such petition or hearing, if requested, the fire chief shall advise the petitioner of his determination. The fire chief shall file the notice, any petition received, and the determination as part of the cost report submitted to the city council under Section 9.12.500 of this chapter.

(Prior code § 3200.36; Ord. 20750.)

The cost of any and all work done by any contractor to abate a nuisance shall be paid from the special assessment revolving fund, and the fire chief is hereby authorized to expend money in said fund for such purpose; provided however, that upon collection of any special assessments for the cost of such work, the same shall be deposited in said fund to replenish the same.

(Prior code § 3200.35.)

Part 3

ALTERNATE REFUSE ABATEMENT PROCEDURE

Sections:

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§ 9.12.320

• 9.12.320 Abatement notice - Required - Form.

• 9.12.330 Abatement notice - Heading - Location for posting - Number.

• 9.12.340 Alternate method of giving notice.

• 9.12.350 Abatement by owner - City to perform work when.

• 9.12.360 Abatement by city - Procedure.

• 9.12.370 Emergency abatement.

• 9.12.380 Special assessment revolving fund.

The procedure provided by this part is an alternate to the procedure provided by Part 2 of Chapter 9.12 or to any other applicable procedure provided by state law or by any other ordinance of the city.

(Prior code § 3200.48.)

• A. The council of the City of San José does hereby declare that refuse which is thrown, placed, deposited, kept, allowed to remain upon, be kept or accumulated upon or within any private property, or upon any public street, parkway or sidewalk in front of private property in the city as prohibited by law, ordinance or any provision of the San José Municipal Code, creates a danger to the public health, safety and welfare and is and will continue to constitute a public nuisance.

• B. The director of neighborhood preservation is hereby authorized to abate each and every such nuisance, or to cause the same to be abated, in the manner provided by the provisions of this part.

(Prior code § 3200.40; Ord. 21657.)

Before abating any condition which is herein in this part declared to be a public nuisance, the director of neighborhood preservation shall post, or cause to posted, conspicuously, upon or in front of the private property upon or in front of which said nuisance exists, a notice or notices which shall be substantially in the following form:

"NOTICE TO REMOVE GARBAGE, RUBBISH AND OTHER REFUSE

"Notice is hereby given that garbage, rubbish and other refuse has been unlawfully thrown, placed or deposited and is being unlawfully allowed to remain upon, kept or accumulated, within or upon (and/or in the street, parkway or sidewalk in front of) the lot or parcel of private property within or upon or in front of which this notice is posted, in San José, California, in violation of the provisions of Chapter 9.10 of the San José Municipal Code, and that such condition creates a danger to the public health, safety and welfare and is a public nuisance which must be abated by the removal of such matter.

"If said garbage, rubbish and other refuse is not removed, and said nuisance abated, within five days from the date of posting, hereinafter specified, of this notice, or good cause shown to the undersigned director of neighborhood preservation within said five days why such should not be done, the undersigned director of neighborhood preservation of the City of San José will abate said public nuisance by removing or causing to be removed all of said garbage, rubbish and other refuse, and in such event the cost and expense of such abatement and removal will be specially assessed upon or against the private lot or parcel of land from or in front of which the garbage, rubbish and other refuse are removed, and such assessment will constitute a lien upon such lot or parcel of land until paid.

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§ 9.12.320

"The above-mentioned private lot or parcel of land within or upon or in front of which said public nuisance exists is that certain lot or parcel of land situate in the City of San José, county of Santa Clara, state of California, which is described in the last equalized assessment roll of the county of Santa Clara, California, as follows:(Insert description of lot or parcel as given in last equalized assessment roll of the county of Santa Clara, California) "All interested persons having any objections to the above shall present such objections to the undersigned director of neighborhood preservation at _________, San José, California, within five days from and after the date of posting, hereinafter specified, of this notice. The undersigned director of neighborhood preservation shall give due consideration to all objections so made.

"Posted this _________ day of , 19.

DIRECTOR OF NEIGHBORHOOD PRESERVATION OF THE City of San José

By ________" (Prior code § 3200.41; Ords. 21657, 24315.)

• A. Any notice posted pursuant to the provisions of Section 9.12.320 shall be headed "NOTICE TO REMOVE GARBAGE, RUBBISH AND OTHER REFUSE," and the words in said heading shall not be less than one inch in height.

• B. If any private lot or parcel of land which is posted pursuant to the provisions of Section 9.12.320 is more than one hundred feet in width, one notice shall be posted for each one hundred feet of width, or portion thereof; and whenever more than one notice is required, such notices shall not be more than one hundred feet apart.

(Prior code § 3200.42.)

Before abating any condition which is declared to be a public nuisance in this Part 3, the director of neighborhood preservation in lieu of and as an alternative to posting a notice or notices as provided by preceding sections of this part, may mail, or cause to be mailed, to the persons who are designated on the last equalized assessment roll of the county of Santa Clara, as the owner or owners of the private lot or parcel of land within or upon which or in front of which the said nuisance exists, at their address or addresses as shown on said last equalized assessment roll, a written notice or notices which shall be substantially in the following form:

"NOTICE TO REMOVE GARBAGE, RUBBISH AND OTHER REFUSE

• "Notice is hereby given that garbage, rubbish and other refuse has been unlawfully thrown, placed or deposited and is being unlawfully allowed to remain upon, kept or accumulated, in violation of the provisions of Chapter 9.10 of the San José Municipal Code, within or upon (and/or in the street, parkway or sidewalk in front of) the private lot or parcel of property which is described on the last equalized assessment roll of the county of Santa Clara, state of California, as follows:

(Insert description of lot or parcel as given in last equalized assessment roll of the county of Santa Clara, California) and that such condition creates a danger to the public health, safety and welfare and is a public nuisance which must be abated by the removal of such matter.

• "If such garbage, rubbish and other refuse is not removed, and said nuisance abated, within five days from and after date of mailing, hereinafter specified, of this notice, or good cause shown to the undersigned director of neighborhood preservation within said five days why such should not be done, the undersigned director of neighborhood preservation of the City of San José will abate said public nui-

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§ 9.12.370

sance by removing, or causing to be removed, all of said garbage, rubbish and other refuse, and in such event the cost and expense of such abatement and removal will be specially assessed upon or against the private lot or parcel of land, above described, within or upon or in front of which the garbage, rubbish and other refuse are removed, and such assessment will constitute a lien upon such lot or parcel of land until paid.

"All interested persons having any objections to the above shall present such objections to the undersigned director of neighborhood preservation at _________, San José, California, within five days from and after the date of mailing, hereinafter specified, of this notice. The undersigned director of neighborhood preservation shall give due consideration to all objections so made.

"Mailed this _________ day of_________, 19_________.

DIRECTOR OF NEIGHBORHOOD PRESERVATION OF THE City of San José By ________" (Prior code § 3200.43; Ords. 21657, 24315.)

• A. The owner or owners of any private lot or parcel of land within or upon or in front of which a public nuisance, as above described in this part, exists have a duty to abate such nuisance, at his own or their own cost and expense, by removing all garbage, rubbish and other refuse, within the time prescribed in the notice which is posted within or upon or in front of said property or, if notice of such nuisance is given by mail, within the time prescribed in the mailed notice.

• B. If such owner or owners fail to abate such nuisance as above provided within said time, and if, in addition, they fail to show good cause to the satisfaction of the director of

neighborhood preservation why said nuisance should not be abated, then in that event the director of neighborhood preservation may abate said nuisance or may cause the same to be abated.

(Prior code § 3200.44; Ord. 21657.)

In order to abate said nuisance, the director of neighborhood preservation may cause his assistants, deputies and other employees in the department of neighborhood preservation, or any other available employee of the city, to remove said garbage, rubbish and other refuse, or may cause a licensed garbage collector to collect and remove the same at and for reasonable rates not in excess of such maximum rates as may be prescribed in the contract between the city and the garbage collector. (Prior code § 3200.45; Ord. 21657.)

In the event the director of neighborhood preservation should find any public nuisance, described in this part, within or upon or in front of any lot or parcel of land, is so serious and aggravated, and presents such an immediate menace or danger to the public health, safety and welfare, that it is essential, to protect such public health, safety and welfare, that such nuisance be immediately abated without first posting or mailing notices as above provided and without first giving the owners of said lot or parcel further time to abate the same, then in that event the director of neighborhood preservation may immediately abate said nuisance, in the manner provided in Section 9.12.360, without first posting or mailing any notices and without giving the owner or owners of the lot or parcel of land further time to abate the same.

However, the director of neighborhood preservation, if he or she so abates such nuisance, shall prepare and file in his or her office a written report describing the location, nature and extent of the public nuisance and setting forth the reasons why he or she had to abate it immediately as aforesaid, and he or she shall cause a copy of such report to be

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§ 9.12.370

mailed, within ten days from and after completion of such abatement, to the owner or owners of the lot or parcel within or upon or in front of which said nuisance existed, as said owners are shown on the last equalized assessment roll of the county of Santa Clara, at their addresses as shown on said assessment roll.

(Prior code § 3200.47; Ord. 21657.)

Any and all moneys which may become payable to a garbage collector for work which the director of neighborhood preservation may cause such collector to perform pursuant to the provisions of Section 9.12.350 shall be paid from the special assessment revolving fund, and the director of neighborhood preservation is hereby authorized to expend money in said fund for said purposes; provided, however, that upon the collection of any special assessments for the cost of such work, the proceeds shall be deposited in said fund to replenish the same.

(Prior code § 3200.46; Ord. 21657.)

Part 4

ALTERNATE SEWER LATERAL REPAIR OR INSTALLATION PROCEDURE

The procedure provided by this Part 4 is an alternative to the procedure provided by Part 2 of this chapter, or to any applicable procedures provided by state law or any other ordinance of the city. (Prior code § 3200.49h.)

• A. The council of the city does hereby declare that any connecting sewer lateral between a public sanitary sewer and the property line of any premises which, by reason of damage or obstruction, is inoperative and unable to carry sewage from the property line of any premises to said public sewer, creates a danger to the public health, safety and welfare and is and will continue to constitute a public nuisance.

• B. The director of streets and traffic is hereby authorized to abate each and every such nuisance or to cause the same to be abated in the manner provided by the provisions of this part.

(Prior code § 3200.49; Ords. 21657, 23734.)

Sections:

• 9.12.400 Procedures alternative to certain provisions.

• 9.12.410 Inoperative connecting sewer lateral - Abatement authority.

• 9.12.420 Abatement notice - Posting required - Form.

• 9.12.430 Abatement notice - Heading - Location for posting - Number.

• 9.12.440 Alternate method of giving notice.

• 9.12.450 Abatement by owner - When city to perform work.

• 9.12.460 Abatement by city - Procedures.

• 9.12.470 Emergency abatement - Authority of director of streets and traffic.

Before abating any condition which is declared to be a public nuisance in this part, the director of streets and traffic shall post, or cause to be posted, conspicuously, upon or in front of the private property upon or in front of which said nuisance exists, a notice or notices which shall be substantially in the following form:

"NOTICE TO REMOVE OBSTRUCTION FROM OR REPAIR CONNECTING SANITARY SEWER LATERAL

"Notice is hereby given that a connecting sewer lateral between the public sanitary sewer and the property line of the lot or parcel of private

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§ 9.12.440

property within or upon or in front of which this notice is posted in San José, California, is obstructed or damaged, and that such condition creates a danger to the public health, safety and welfare and is a public nuisance which must be abated by removing said obstruction or repairing said damage pursuant to the provisions of Parts 2, 3, and 4 of Chapter 15.16 of the San José Municipal Code.

"If said obstruction is not removed or said damage is not repaired within three days from and after the date of posting hereinafter specified of this notice, or if good cause is not shown to the undersigned director of streets and traffic within said three days why such should not be done, the undersigned director of streets and traffic of the City of San José will abate said public nuisance by removing or causing to be removed said obstruction or by repairing or causing to be repaired said damage, and in such event, the cost and expense of such removal and abatement will be specially assessed upon or against the private lot or parcel of land from or in front of which the obstruction is removed, or within or upon or in front of which the damaged connecting sewer lateral is repaired and such assessment will constitute a lien upon such lot or parcel of land until paid.

"The above-mentioned private lot or parcel of land within or upon or in front of which said public nuisance exists is that certain lot or parcel of land situated in the City of San José, county of Santa Clara, state of California, which is described in the last equalized assessment roll of the county of Santa Clara, California, as follows:

(Insert description of lot or parcel as given in last equalized assessment roll of the county of Santa Clara, California)

"All interested persons having any objections to the above shall present such objections to

the undersigned director of streets and traffic, at _________, San José, California, within three days from and after the date of posting, hereinafter specified, of this notice. The undersigned, director of streets and traffic shall give due consideration to all objections so made. "Posted this _________ day of , 19.

DIRECTOR OF STREETS AND TRAFFIC OF THE CITY OF SAN JOSÉ

By ________"

(Prior code § 3200.49a; Ords. 21657, 23734.)

• A. Any notice posted pursuant to the provisions of Section 9.12.420 shall be headed as therein provided, and the words in said heading shall be not less than one inch in width.

• B. If any private lot or parcel of land which is posted pursuant to the provisions of Section 9.12.420 is more than one hundred feet in width, one notice shall be posted for each one hundred feet of width or portion thereof, and whenever more than one notice is required hereby, such notices shall not be more than one hundred feet apart.

(Prior code § 3200.49b.)

Before abating any condition which is declared to be a public nuisance in this part, the director of streets and traffic, in lieu of and as an alternative to posting of notice or notices as provided by preceding sections of this part, may mail, or cause to be mailed, to the person or persons who are designated on the last equalized assessment roll of the county of Santa Clara, as the owner or owners of the private lot or parcel of land within or upon which or in front of which the said nuisance exists, at their address or addresses as shown on said last equalized assessment roll, a written notice or notices which shall be substantially in the following form:

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§ 9.12.440

"NOTICE TO REMOVE OBSTRUCTION FROM OR REPAIR CONNECTING SANITARY SEWER LATERAL

"Notice is hereby given that a connecting sewer lateral between a public sanitary sewer and the property line of the lot or parcel of private property within or upon or in front of the private lot or parcel of property which is described on the last equalized assessment roll of the county of Santa Clara, California, as follows:

(Insert description of lot or parcel as given in last equalized assessment roll of the county of Santa Clara, California)

is obstructed or damaged, and that such condition creates a danger to the public health, safety and welfare and is a public nuisance which must be abated by removing said obstruction or repairing said damage pursuant to the provisions of Parts 2, 3 and 4 of Chapter 15.16 of the San José Municipal Code. "If said obstruction is not removed or said damage is not repaired within three days from and after the date of mailing, hereinafter specified, of this notice, or if good cause is not shown to the undersigned director of streets and traffic within said three days why such should not be done, the undersigned director of streets and traffic of the City of San José will abate said public nuisance by removing or causing to be removed said obstruction or by repairing or causing to be repaired said damage, and in such event the cost and expense of such removal and abatement will be specially assessed upon or against the private lot or parcel of land, above described, from or in front of which the obstruction is removed, or within or upon or in front of which the damaged connecting sewer lateral is repaired, and such assessment will constitutes a lien upon such lot or parcel of land until paid.

"All interested persons having any objections to the above shall present such objections to

the undersigned director of streets and traffic at _________, San José, California, within three days from and after the date of mailing, hereinafter specified, of this notice. The undersigned, director of streets and traffic shall give due consideration to all objections so made. "Mailed this _________ day of , 19.

DIRECTOR OF STREETS AND TRAFFIC OF THE CITY OF SAN JOSÉ

By ________"

(Prior code § 3200.49c; Ords. 21657, 23734.)

• A. The owner or owners of any private lot or parcel of land within or upon or in front of which a public nuisance, as above described in this part, exists, have a duty to abate such nuisance at his, her or their own cost and expense by removing any and all obstructions from or repairing any damaged connecting sanitary sewer lateral between a public sewer and the property line of the premises, within the time prescribed in the notice which is posted within or upon or in front of said property, or if notice of such nuisance is given by mail within the time prescribed in the mailed notice.

• B. If such owner or owners fail to abate such nuisance as above prescribed within said time, and if, in addition, they fail to show cause to the satisfaction of the director of streets and traffic why said nuisance should not be abated, then in that event the director of streets and traffic may abate said nuisance or cause the same to be abated.

(Prior code § 3200.49d; Ords. 21657, 23734.)

In order to abate said nuisance, the director of streets and traffic may cause his or her assistants, deputies and other employees in the department of streets and traffic, or any other available employees

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§ 9.12.500

of the city, to remove said obstruction or repair said damage, or may cause a licensed contractor to remove or repair the same at and for reasonable rates not in excess of prevailing rates for similar work within the city.

(Prior code § 3200.49e; Ords. 21657, 23734.)

In the event the director of streets and traffic should find that any public nuisance, above described in this part, within or upon or in front of any lot or parcel of land is so serious and aggravated and presents such an immediate menace or danger to the public health, safety and welfare that it is essential to protect such public health, safety and welfare that such nuisance be immediately abated without first posting or mailing notices, as above provided, and without first giving the owner or owners of said lot or parcel further time to abate the same, then in that event the director of streets and traffic may immediately abate said nuisance or cause the same to be abated in the manner provided in Section 9.12.460 without first posting or mailing any notices and without giving the owner or owners of the lot or parcel further time to abate the same. However, the director of streets and traffic, if he or she so abates such nuisance, shall prepare and file in his or her office a written report describing the location, nature and extent of the public nuisance and setting forth the reasons why he or she had to abate it immediately, as aforesaid, and he or she shall cause a copy of said report to be mailed within ten days from and after completion of such abatement, to the owner or owners of the lot or parcel within or upon or in front of which said nuisance existed, as said owner or owners are shown on the last equalized assessment roll of the county of Santa Clara, at their addresses as shown on said assessment roll.

(Prior code § 3200.49g; Ords. 21657, 23734.)

Any and all moneys which may become payable to a licensed contractor for work which the

director of streets and traffic may cause such contractor to perform, pursuant to the provisions of this part, shall be paid from the special assessment revolving fund, and the director of streets and traffic is hereby authorized to expend money in said fund for such purposes; provided, however, that upon the collection of any special assessments for the cost of such work, the proceeds shall be deposited in said fund to replenish the same. (Prior code § 3200.49f; Ords. 21657, 23734.)

Part 5

COLLECTION OF EXPENSES

Sections:

• 9.12.500 Abatement costs - Recordkeeping and report requirements.

• 9.12.510 Cost report - Notice.

• 9.12.520 Cost report - Hearing - Disposition.

• 9.12.525 Designated body.

• 9.12.530 Cost report - Filing with director of finance.

• 9.12.540 Costs constitute special assessment - Confirmed as lien when.

• 9.12.550 Cost assessment - Laws applicable.

• 9.12.560 Cost assessment - Entry on tax roll.

• 9.12.570 Cost assessment - Collection - Penalty for delinquent payment.

• 9.12.580 Cost assessment - Collection by separate bills and receipts.

• 9.12.590 Payment of abatement costs - Receipts.

• 9.12.600 Refunds.

• A. The fire chief shall keep a record of the cost and expense incurred by him or her in abating or causing to be abated, pursuant to the provisions of Part 2 of this chapter, each public nuisance within or upon or in front of each lot or separate parcel of land.

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§ 9.12.500

• B. The director of neighborhood preservation shall keep a record of the cost and expense incurred by him or her in abating or causing to be abated pursuant to the provisions of Part 3 of this chapter, each public nuisance within or upon or in front of each lot or separate parcel of land.

• C. The director of streets and traffic shall keep a record of the cost and expense incurred by him or her in abating or causing to be abated, pursuant to the provisions of Part 4 of this chapter, each public nuisance within or upon or in front of each lot or separate parcel of land.

• D. To said costs and expenses, the fire chief, director of neighborhood preservation or the director of streets and traffic as the case may be, shall add an amount for overhead and administrative and incidental expenses, as set forth in that schedule under Section 17.12.170 and shall then submit to the city council for confirmation an itemized written report showing all costs and expenses incurred by the city in abating each public nuisance.

(Prior code § 3200.50; Ords. 20750, 21657, 23734.)

A copy of the report shall be posted for at least ten days prior to its submission to the city council on the bulletin board situate outside and near the chamber door of the city council in the City Hall of the City of San José together with a notice of the time and place when and where it will be submitted to the city council for hearing. A notice that the report has been so posted, as well as the time and place when and where property owners may appear and object to any matter contained therein, shall be published once in a daily newspaper of general circulation published in the city. (Prior code § 3200.51; Ord. 20750.)

sessed for the abatement. It may modify the report if it is deemed necessary. The city council shall then confirm the report by motion or resolution. (Prior code § 3200.52.)

As an alternative to the procedures set forth in Sections 9.12.500 through 9.12.520, the public hearing before the city council and the imposition of a special assessment lien referenced in those sections may be conducted and imposed by a designated body pursuant to Chapter 1.18 of this Code. (Ord. 25264.)

After confirmation of the report, a copy of the same shall be given to the director of finance, who in turn shall file a certified copy thereof with the county auditor of the county of Santa Clara. The description of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. (Prior code § 3200.54; Ord. 20750.)

The cost of abatement in front of or upon each parcel of land, as confirmed, constitutes a special assessment against that parcel, and on such confirmation it is a lien on the parcel. (Prior code § 3200.53.)

Laws relating to the levy, collection and enforcement of county taxes apply to such special assessment taxes. (Prior code § 3200.58.)

At the time fixed for receiving and considering the report, the city council shall hear it with any objections of the property owners liable to be as-

The county auditor shall enter each assessment on the county tax roll opposite the parcel of land.

(Prior code § 3200.55.)

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§ 9.34.010

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 provided for ordinary municipal taxes. (Prior code § 3200.56.)

• 9.34.020 Health officer and health department defined.

• 9.34.030 Mosquito breeding places - Public nuisance.

• 9.34.040 Enforcement.

• 9.34.050 Notices.

• 9.34.060 Contents of notice.

• 9.34.070 Appeal.

As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. (Prior code § 3200.57.)

• 9.34.080 Recurrence of nuisance.

• 9.34.090 Abatement by health department. 9.34.100 Authority for emergency abatement.

• 9.34.110 Abatement costs - Recordkeeping and report requirements.

• 9.34.120 Cost report - Hearing - Disposition.

The fire chief, director of neighborhood preservation, director of streets and traffic or director of finance may receive the amount due on the abatement cost and issue receipts at any time after confirmation of the report and until August 1st of the calendar year in which the report is confirmed. (Prior code § 3200.59; Ords. 21657, 23734.)

The city council may order refunded all or part of a special assessment paid pursuant to this part if it finds that all or part of the special assessment has been erroneously levied. A special assessment or part shall not be refunded unless a claim is filed with the fire chief on or before March 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his or her guardian, executor or administrator. (Prior code § 3200.60; Ord. 20750.)