San Juan Capistrano Municipal Code Ch. 8 Abatement of Vegetation Obstructing Free Passage

This chapter shall be known and may be cited as the “Public Nuisance (Vegetation) Abatement Law of the City of San Juan Capistrano.”

(§ 1, Ord. No. 402, eff. May 2, 1980)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Enforcement Officer"

shall mean any individual designated by the City Manager to enforce and/or carry out the provisions of this chapter.

"Finance Officer"

shall mean any individual designated by the City Manager to collect the fees and abatement costs required by the provisions of this chapter.

"Free passage"

shall mean any movement or progress free from extraneous impediment, obstruction, or interference.

"Hearing Officer"

shall mean the City Manager or his designee.

"Property owner"

shall mean an individual, firm, or organization as listed on the County Assessor’s Assessment Roll of Secure Property.

"Public sidewalk"

shall mean any publicly-owned sidewalk, lane, or passageway designed, constructed, and used for pedestrian passage.

"Public street"

shall mean any publicly-owned street, highway, or passageway designed, constructed, and used for vehicle passage.

"Vegetation"

shall mean any tree, bush, shrub, or other plant life or growth.

(§ 2, Ord. No. 402, eff. May 2, 1980)

The Council hereby finds, determines, and declares that the following conditions constitute a public nuisance and are a hazard and detriment to the public health, welfare, and safety:

(a) Vegetation which interferes with or obstructs the free passage of pedestrians upon or along adjacent public sidewalks; and

(b) Vegetation which interferes with or obstructs the free passage of vehicles upon or along adjacent public streets.

(§ 3, Ord. No. 402, eff. May 2, 1980)

(a) Vegetation allowed, kept, or maintained on any property or premises shall be deemed to interfere with or obstruct the free passage of pedestrians along or upon an adjacent public sidewalk, unless those portions of such vegetation extending over a public sidewalk are kept and maintained at all times so as to have a minimum clearance of seven (7') feet above the surface of such adjacent public sidewalk.

(b) It shall be unlawful for any property owner to allow, keep, or maintain any vegetation which interferes with or obstructs the free passage of pedestrians as specified in this section.

(§ 4 Ord. No. 402, eff. May 2, 1980)

(a) Vegetation allowed, kept, or maintained on any property or premises shall be deemed to interfere with or obstruct the free passage of vehicles along or upon an adjacent public street, unless those portions of such vegetation extending over a public street are kept and maintained at all times so as to have a minimum clearance of twelve (12') feet above the surface of such adjacent public street.

(b) It shall be unlawful for any property owner to allow, keep, or maintain any vegetation which interferes with or obstructs the free passage of vehicles as specified in this section.

(§ 5, Ord. No. 402, eff. May 2, 1980)

Upon a finding by the Enforcement Officer that vegetation exists which constitutes a public nuisance as specified in this chapter, the Enforcement Officer shall establish a reasonable time for abatement compliance and cause written notice of such finding and abatement order to be served upon the property owner of the property upon which the vegetation is allowed, kept, or maintained.

(a) Such notice shall be served upon the property owner at least 10 days prior to the time specified for abatement compliance. If such notice is mailed, it shall be postmarked at least 15 days prior to the time specified for abatement compliance.

(b) Such notice shall be substantially as follows:

(§ 6, Ord. No. 402, eff. May 2, 1980)

(a) A property owner who has been served a notice as provided in Section 6-8.06 of this chapter may file, at any time no later than the time specified for abatement compliance by the Enforcement Officer, a written request with the Hearing Officer to hear objections to the abatement order.

(b) Upon the receipt of a timely filed request for a hearing, the Hearing Officer shall initiate and conduct hearings to accept and give due consideration to all relevant testimony and evidence relative to the matter at hand.

(1) Upon the completion of the hearing, the Hearing Officer shall determine whether the vegetation in question constitutes a public nuisance and is a hazard and detriment as specified in this chapter. If an affirmative determination is made, the Hearing Officer shall order the abatement of the nuisance by the property owner within a reasonable time specified by the Hearing Officer.

(2) A copy of the Hearing Officer’s notice of determination ordering the abatement of the nuisance shall be served upon the property owner at least 10 days prior to the time specified for abatement compliance. If such notice is mailed, it shall be postmarked at least 15 days prior to the time specified for abatement compliance.

(§ 7, Ord. No. 402, eff. May 2, 1980)

A property owner who has been served a notice as provided in Section 6-8.07 of this chapter may file, at any time no later than the time specified for abatement compliance by the Hearing Officer, a written notice of appeal with the City Clerk for a hearing by the Council.

(a) A written appeal to the Council shall set forth the name and address of the appellant, the grounds upon which the appeal is submitted, and a statement of facts to support such grounds for appeal and shall be signed under penalty of perjury as to its truth. Failure to include specific grounds or a statement of facts may be sufficient grounds for the rejection or summary denial of the appeal.

(b) Upon the receipt and acceptance of an appeal, accompanied by proof of payment of the appeal fee, the City Clerk shall notify the appellant by regular mail of the date set for a hearing by the Council.

(§ 8, Ord. No. 402, eff. May 2, 1980)

The City Clerk shall not accept a written notice of appeal until the appellant pays an appeal fee to the Finance Officer in an amount as set by resolution of the Council.

(§ 9, Ord. No. 402, eff. May 2, 1980)

(a) On the date set for the hearing, the Council shall consider the grounds and facts stated by the appellant and the determination of the Hearing Officer. The Council, at its discretion, may take any additional evidence or testimony it deems necessary to enable it to grant or deny the appeal.

(b) Upon the completion of the hearing, the Council, by minute order, shall express its findings and conclusions. It may deny the appeal, grant the appeal, or modify the determinations and conclusions of the Hearing Officer. If the appeal is not granted, the time specified for abatement compliance shall be as set forth by the Council. Such findings and determinations by the Council shall be final and conclusive.

(c) The resolution of the Council setting forth its findings and conclusions and the final determination shall be sent to the appellant by regular mail to the address set forth in the written notice of appeal.

(§ 10, Ord. No. 402, eff. May 2, 1980)

(a) If objections to an abatement order have not been filed, or if abatement is required after objections have been heard as provided in Section 6-8.10 of this chapter, and the property owner has failed to comply with an abatement order within the time period specified, the Enforcement Officer is thereupon authorized to take appropriate action to abate the public nuisance.

(b) Prior to the initiation and commencement of abatement action by the Enforcement Officer, a property owner may abate the nuisance as ordered at the property owner’s expense and to the satisfaction of the Enforcement Officer.

(§ 11, Ord. No. 402, eff. May 2, 1980)

(a) If abatement has been undertaken by the Enforcement Officer, the Finance Officer shall compile and prepare an itemized, written report noting the costs encumbered in such abatement and shall submit such report to the Council for review and confirmation.

(b) A copy of the itemized, written report and notice of its submission to the Council shall be posted on or near the Chamber door of the Council by the City Clerk at least three days prior to the time fixed for a hearing.

(c) At the time fixed for receiving and considering the report, the Council shall hear it with any objections of the property owner liable to be assessed for the abatement costs. After such hearing, the Council may modify the report if deemed appropriate and then shall confirm the report by minute order.

(Ord. No. 402, § 12, 1980)

(a) Costs encumbered by the City to abate a public nuisance as provided in this chapter shall constitute a special assessment against the property in question. After the assessment is made, it shall constitute a lien upon such property.

(b) The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount shall be subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.

(c) Laws and regulations relating to the levy, collection, and enforcement of County taxes shall apply to such special assessment taxes.

(d) As an alternative to an assessment and lien, the Finance Officer is authorized to collect the assessment without reference to the general taxes by issuing a separate bill for the abatement services provided.

(Ord. No. 402, § 13, 1980)

The Finance Officer may receive the amount due on the abatement costs at any time after the confirmation of the abatement costs report and until 10 days before a copy is provided to the City Assessor and Tax Collector or, where a certified copy of the assessment is filed with the County Auditor, until August 1 following the confirmation of the abatement costs report.

(Ord. No. 402, § 14, 1980)

The Council may order refunded all or part of a tax paid pursuant to this chapter if the Council finds that all or part of the tax has been erroneously levied. Tax moneys shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the tax became due and payable. Such claims shall be verified by the person, guardian, executor, or administrator who paid the tax.

(Ord. No. 402, § 15, 1980)