San Juan Capistrano Municipal Code Ch. 7 Weed and Refuse Abatement

This chapter shall be known and may be cited as the “San Juan Capistrano Weed and Refuse Abatement Law.”

(Ord. No. 348, § 1)

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

(a) Weeds growing upon streets, sidewalks, or private property in the City; and

(b) Rubbish, trash, garbage, litter, refuse, and dirt upon parkways, sidewalks, or private property in the City.

(Ord. No. 348, § 1)

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 the Hearing Officer designee.

"Garbage"

shall mean putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consuming of food.

"Hearing Officer"

shall mean the City Manager or his designee.

"In front of which the nuisance exists"

shall mean and include to the rear of, or abutting, the property upon which the nuisance exists.

"Litter"

shall mean refuse.

"Refuse"

shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bottles, bedding, crockery, and similar materials.

"Rubbish"

shall mean refuse.

"Street"

shall mean and include public street, alley, lane, court, or other place.

"Trash"

shall mean refuse.

"Weeds"

shall mean and include any of the following:

(a)

Weeds which bear seeds of a downy or wingy nature;

(b)

Sagebrush, chaparral, trees, shrubs, vegetation, brush, and any other growth which creates or causes a hazard or menace to the public health, safety, and welfare;

(c)

Weeds which are otherwise noxious or dangerous;

(d)

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

(e)

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

(Ord. No. 348, § 3)

The Council hereby delegates to the City Manager or his or her designee the power and authority to:

(a) Require and provide for the removal of grass, weeds, or other obstructions from the sidewalks, parkways, or streets and make the costs of removal a lien upon the abutting property;

(b) Require or provide for the removal from property, lands, or lots of all weeds, rubbish, or other materials dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity and make the costs of removal a lien upon the property; and

(c) Provide for the enforcement of such liens by the sale of the property or otherwise.

(Ord. No. 348, § 5)

(a) Locations. An Enforcement Officer, who shall be appointed by the City Manager, upon finding that weeds, refuse, or garbage, constitute a hazard or detriment to the public health, safety, and welfare on specified parcels of property and are seasonal and recurrent nuisances, shall cause notices to be conspicuously posted on or in front of the property on which the nuisance exists in the following manner:

(1) One notice to each separately owned parcel of property of not over fifty (50') feet frontage;

(2) Not more than two notices to any such parcel of 100 feet frontage or less; and

(3) Notices at not more than 100 feet apart if the frontage of such parcel is greater than 100 feet.

(b) Time. Such notices shall be posted at least five days prior to the time for hearing objections by the Hearing Officer.

(c) Form. The heading of such notices shall be “Notice to Abate Weeds and Remove Garbage, Refuse, and Dirt.” Such heading shall be in letters not less than one inch in height and shall be substantially in the following form:

(§§ 6, 7, and 8, Ord. No. 348)

As an alternative to posting the notice of abatement and of the hearing when objections will be heard as set forth in Section 6-7.05 of this chapter, the Council shall direct the City Clerk, on behalf of the Hearing Officer, to mail written notices of the proposed abatement to all persons owning property with existing public nuisances located on such property. The City Clerk shall cause such written notices to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on that date which is 10 days before the notice to abate.

The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notices. Any costs incurred in securing such names and addresses shall be a part of the costs of abatement.

The notices mailed by the City Clerk shall be mailed at least five days prior to the time for hearing objections by the Hearing Officer.

The notices mailed by the City Clerk shall be substantially in the form set forth in Section 6-7.05 of this chapter, except that the notices shall be signed by the City Clerk, and the heading of the notices need not comply with the provisions of Section 6-7.05.

(§ 8, Ord. No. 348)

The Council hereby authorizes the Hearing Officer to initiate proceedings pursuant to the provisions of this chapter and to conduct public hearings to accept evidence and testimony from property owners and other interested parties regarding property containing alleged nuisances. The Hearing Officer may be the City Manager, Director of Community Planning and Development, Director of Public Works, any other person designated by the City Manager, or a combination of such persons.

The Hearing Officer shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from the owners, witnesses, City personnel, and interested persons relative to such alleged nuisances and to the proposed rehabilitation, repair, or demolition of such premises. Such hearing may be continued from time to time.

(§ 9, Ord. No. 348)

Upon the conclusion of such hearings conducted pursuant to the provisions of Section 6-7.07 of this chapter, based upon the testimony and evidence introduced at the hearing, the Hearing Officer shall determine whether the premises, or any part thereof, as maintained, constitute a public nuisance. If the Hearing Officer finds that such a nuisance exists and that there is sufficient cause to abate it by rehabilitation, repair, or demolition, the Hearing Officer shall declare such premises to be a public nuisance and order the abatement of such nuisance by the property owner within a time specified by the Hearing Officer by having such premises rehabilitated, repaired, or demolished to the satisfaction of the Hearing Officer. Such declaration shall contain a detailed list of needed corrections and abatement methods.

(§ 9, Ord. No. 348)

A copy of the Hearing Officer’s notice of determination ordering the property owner to abate such nuisance as determined by such public hearing pursuant to Sections 6-7.07 and 6-7.08 of this chapter shall be served upon the owners of such premises by mail postmarked within 10 days after such hearing.

(§ 10, Ord. No. 348)

Within 10 days after mailing such notice of determination, as set forth in Section 6-7.09 of this chapter, the property owner may file a written notice of appeal with the City Clerk for a review by the Council. The notice of appeal shall set forth the following:

(a) The name and address of the appellant;

(b) The grounds upon which the property owner believes that the determination of the Hearing Officer is wrong; and

(c) A statement of facts to support the contentions of the property owner, signed under penalty of perjury as to its truth.

(§ 11, Ord. No. 348)

(a) Review. The City Clerk shall notify the appellant by regular mail of the date set for review by the Council requested pursuant to the provisions of Section 6-7.10 of this chapter.

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

(b) Findings and conclusions. Upon the completion of the hearing, the Council, by resolution, shall express its findings and conclusions. It may deny the appeal, or grant the appeal, or modify the determination and conclusions of the Hearing Officer. If the appeal is not granted, the time and manner of abatement shall be the same as set forth in this chapter. Such findings by the Council shall be final and conclusive.

(c) Notices of ruling on appeals. 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 notice of appeal.

(§§ 11 and 12, Ord. No. 348)

If objections have not been made, or after the Council has disposed of those made, the Council shall order the Hearing Officer to abate such nuisances declared pursuant to the provisions of this chapter by having the weeds, refuse, and dirt removed. The Hearing Officer may thereupon enter upon private property to abate the nuisance or hire a private contractor to do so. Notwithstanding such order of abatement, prior to the arrival of the Hearing Officer, the owner may remove the weeds, garbage, refuse, and dirt, at his own expense, to the satisfaction of the Hearing Officer.

(§ 13, Ord. No. 348)

The abatement of nuisances, in the discretion of the Council, may be performed by contract awarded by the Council on the basis of competitive bids let to the lowest responsible bidder. In such event, the contractor shall keep the account and submit the itemized written report for each separate parcel of land.

(§ 15, Ord. No. 348)

Upon the second and any subsequent occurrence of nuisances declared pursuant to the provisions of this chapter on the same parcels within the same calendar year, no further public hearing need be held. It shall be sufficient to mail a postcard notice to the owners of the property as their addresses appear upon the current assessment roll.

(§ 13, Ord. No. 348)

(a) Accounts. The Hearing Officer shall keep an account of the costs of abatement in front or on each separate parcel of land where the work is done by him. He shall submit to the Council for confirmation an itemized written report showing such costs.

(b) Reports. A copy of such report shall be posted for at least three days prior to its submission to the Council on or near the chamber door of the Council, with a notice of the time and submission.

(c) Confirmation. At the time fixed for receiving and considering the report, the Council shall hear the report with any objections of the property owners liable to be assessed for the abatement. The Council may modify the report, if it is deemed necessary, and shall then confirm the report by motion or resolution.

(§ 14, Ord. No. 348)

The Hearing Officer may receive the amount due for the abatement costs as set forth in Section 6-7.15 of this chapter and issue receipts at any time after the confirmation of such report and until 10 days before a copy is given to the City Assessor and Tax Collector or where a certified copy is filed with the County Auditor, until August 1 following such confirmation of the report.

(§ 17, Ord. No. 348)

(a) Assessments: Liens. The costs of abatement in front of or upon each parcel of land shall constitute a special assessment against that parcel. After the assessment is made and confirmed, it shall be a lien on the parcel.

After the confirmation of the report pursuant to Section 6-7.15 of this chapter, a certified copy of the report shall be filed with the County Auditor on or before August 10. The descriptions of the parcels reported shall be those used for the same parcels on the map books of the County Assessor for the current year.

The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land.

(b) Collection. 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.

The Council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, any assessment of Fifty and no/100ths ($50.00) Dollars or more may be made in annual installments of not less than Five and no/100ths ($5.00) Dollars and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years.

(c) Delinquencies. If any installment shall be delinquent, the amount thereof shall be subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the Council, not to exceed 6% per year.

(d) Alternative method. As an alternative method, the Council may authorize the Hearing Officer to collect the assessments without reference to the general taxes by issuing separate bills for the abatement services performed.

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

(§ 16, Ord. No. 348)

The Council may order refunded all or part of a tax paid pursuant to the provisions of this chapter if the Council finds that all or part of the tax has been erroneously levied. A tax or part of a tax 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. The claim shall be verified by the person who paid the tax or his guardian, executor, or administrator.

(§ 18, Ord. No. 348)

The weed abatement program shall be a year-round program. The contractor shall hold the contract from January 1 through December 31. Bids shall be called for in November, awarded in December, and be effective for all weed and nuisance abatement for the following year.

(§ 13, Ord. No. 348)

Where the Hearing Officer finds and declares that weeds on specified parcels of property are seasonal and recurrent nuisances, he may provide for the preventive abatement of such seasonal and recurrent nuisances as provided in this section.

The notice required by Section 6-7.05 of this chapter, in addition to containing all other required matters, shall state that the efficient and economical control of such seasonal and recurrent nuisances requires preventive chemical control of such weeds, weed seeds, and weed seedlings and that the City may require preventive chemical control of such nuisances.

In the event the City is once required to abate such nuisance, the City, before and during the next following germinating season of such weeds, may provide for the preventive abatement of such nuisance by using chemical control of such weeds.

(§ 19, Ord. No. 348)