San Mateo Municipal Code Ch. 7.20 Weeds—rubbish—rank Growth—interference with the Public Right-of-Way

This chapter is intended to provide an alternative and routine means of abating annual public nuisances that consist of weeds and rubbish and routine interference with the public right-of-way. Nothing contained in this chapter shall be construed to preclude the usage of other procedures or proceedings under this Code to abate the same or similar public nuisances.

prior code § 99.01

(a) For purposes of this chapter, "weeds" shall mean:

(1) All weeds that bear seeds of a downy or wingy nature;

(2) Sagebrush, coyote brush, chaparral, and any other brush or weeds that attain such large, rank, or dense growth as to become, when dry, a fire hazard;

(3) All weeds that are noxious or dangerous or present the potential to be hazardous to the public or other properties;

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

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

(b) All weeds, dirt, rubbish, debris, and rank growths of any kind on private property or in any street within the City constitute a public nuisance.

(c) All earth, soil, dirt, or other materials, which are deposited or permitted to come upon a public street, sidewalk, path, or right-of-way in the City without a permit from the City for that deposit and which interferes with the public's use of that street, sidewalk, path, or right-of-way constitutes a public nuisance. All earth, soil, dirt, or other materials, which are deposited or permitted to be placed upon public property and which are so located or of such a nature as to be likely to slide, collapse, flow, or otherwise move onto a public street, sidewalk, path, or right-of-way in the City so as to interfere with the public's use of that street, sidewalk, path, or right of way constitute a public nuisance.

(d) Every real property owner, lessee, or occupant of real property shall destroy the weeds and remove the dirt rubbish, and rank growths from the owner's, lessee's, or occupant s property, all sidewalks abutting the property, and the half of the streets on which the property abuts. It is unlawful to deposit earth, soil, dirt, or any other materials in such a way or manner that are likely to slide, flow or otherwise move onto a public street, sidewalk, path, or right-of-way in the City so as to interfere with the public's use of that street, sidewalk, path, or right-of-way.

prior code § 99.02

(a) At any time that and as often as the City Manager determines is appropriate, the City Manager may send a report to the Council specifying real properties in the City on which conditions exist that constitute a public nuisance under this chapter and requesting the Council to hold a public hearing to determine if such a public nuisance exists and whether the nuisance should then be abated.

(b) Upon receipt of such a report from the City Manager, the Council may pass a resolution of intention to hold a public hearing to determine if the nuisance still exists and whether abatement pursuant to this chapter should be ordered. Such a resolution of intention will contain the street address of each property concerned, a statement that unless the alleged nuisance is promptly abated, the Council will order the City Manager to abate it and to assess the costs upon the property, and the time, date, and place for hearing any objections or responses to the resolution of intention.

prior code § 99.03

(a) At least ten (10) days before the date set for the abatement hearing, the City will mail a copy of the resolution of intention to the owners of each property specified in the resolution of intention as those owners are listed in the last equalized assessment roll of the San Mateo County Assessor available at the City. The name and address of the owners as shown on that assessment roll shall be conclusively deemed to be the proper persons and addresses for mailing the resolution, and the failure of any or all of the addressees to receive the notice shall not invalidate any of the proceedings.

(b) Before the hearing, the City will also publish the resolution of intention in a newspaper of general circulation published in the City. The publication of the resolution will occur at least ten (10) days before the date set for the hearing.

(c) The City may also post the resolution of intention on one or more of the properties designated in the resolution of intention, but shall not be required to do so.

prior code § 99.04

(a) At the time and date set in the resolution of intention or at such time and date as the Council may continue the hearing to, the Council will hear and consider all objections to the proposed finding of a public nuisance and the proposed abatement of the nuisance.

(b) At the conclusion of the hearing, the Council will allow or overrule any objections, and may, by resolution, order abatement of any of the nuisances determined by the Council to exist and to assess all costs involved in the abatement against the designated property.

prior code § 99.05

Any order to abate under this chapter will direct the owner of the property to abate the nuisance no later than a date certain and will direct the City Manager to abate the determined nuisance if not so abated and to document the costs involved in the abatement for subsequent reporting to the Council for assessment.

prior code § 99.06

(a) In the report submitted to the Council, the City Manager may specify that conditions on certain properties are seasonal and recurrent nuisances. The Council may include such an allegation in its resolution of intention together with a general description of the consequence of such a finding under this Section. After considering objections to both the finding of nuisance and its recurrent nature at the subsequent hearing, the Council may overrule the objections and determine that conditions on the property so designated constitute a recurrent nuisance in its resolution of abatement.

(b) If a second or subsequent nuisance of the same nature occurs on a property determined to constitute a recurrent nuisance under this Section, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as follows:

(1) At least ten (10) days before the date set for the abatement action, the City will mail a notice of the proposed abatement that contains the address of the designated property, the date of the resolution that determined that a recurring nuisance existed on the property, and a warning that unless the nuisance is abated by a date certain, the City intends to remove the weeds and to assess the costs of the removal upon the property through collection on the general tax rolls; and

(2) The notice will be mailed to the property's owners as they and their addresses are listed in the last equalized assessment roll of the San Mateo County Assessor available at the City. The name and address of the owners as shown on that assessment roll will be conclusively deemed to be the proper persons and addresses for mailing the resolution, and the failure of any or all of the addressees to receive the notice shall not invalidate any of the proceedings.

(c) The City may provide for preventive abatement of a property designated under this Section through preventive measures that include but are not limited to preemergent or early chemical control of weeds on the designated property during subsequent germinating seasons. These costs shall be collectible in the same manner as other abatement costs described in this chapter.

prior code § 99.07

The Council may direct the City Manager to abate the nuisances as determined above. Before the Manager does so, the property owner may cause the removal of the nuisance. However, if the nuisance is abated by the property owner after passage of the resolution of abatement, the Manager will report the abatement to the Council and request affirmation and assessments of costs incurred by the City and any other public agencies in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical' and other related costs.The City Manager, or the Manager's designated representative, will keep an account of the cost of each abatement and will submit it to the Council for affirmation and assessment upon completion of the abatement or from time to time as the Director may deem appropriate.

prior code § 99.08