Part 2 — ABATEMENT PROCEDURE

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.

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.

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.)

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 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 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.)