Santa Ana Municipal Code § 16-54 Abatement action by city

This article shall be known and may be cited as the "Garbage, Rubbish and Weed Control Ordinance" of the city.

(Code 1952, § 3840; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71)

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context indicates that a different meaning is intended:

Brush. Branches of trees sheared therefrom, a thicket of shrubs, or bushes.

City finance director. The executive director of the finance and management services of the city or his or her designated representative.

City public works director. The executive director of the public works agency of the city or his or her designated representative.

Garbage. Accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable.

Lot. Any lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining said lot, parcel, tract or piece of land; and the parkways, or areas lying between the curbline and the street line of said adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists.

Noxious growth. Weeds, vines or brush which bear seeds of a wingy or downy nature, or which attain a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community.

Private premises. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other structure.

Public place. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public squares, spaces, grounds and buildings.

Rubbish. Scrap metals, junk, disassembled parts of automobiles or machinery, construction or demolition materials, debris, litter, paper, cardboard, metal cans, glass, cut brush, dead trees, tree limbs and similar materials.

Street line. The boundary line between a public street right-of-way and an abutting lot or parcel of land, or between a private street open to public use and an abutting lot or parcel of land.

(Code 1952, § 3841; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-2300, § 1, 9-3-96)

Editor's note— The editors arranged the definitions alphabetically, to facilitate reference and use.

No person owning, managing or having control or charge or occupancy of any lot or private premises, shall:

(1) Allow noxious growths or growths otherwise dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises;

(2) Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises;

(3) Suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of six inches (6″) above the grade in the area of growth;

(4) Cause or permit rubbish or garbage to be placed or to exist upon such lot or private property.

It is the duty of every such person to prevent such growth or existence. To establish a prima facie violation of this section, it shall not be necessary to establish any facts except that the accused person owned, managed, or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred.

(Code 1952, § 3842; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71)

(a) If and when it shall appear that noxious growths, rubbish or garbage have been placed upon or in front of private property in violation of any of the provisions of this article or of any other provisions of this Code, the city public works director may, by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush, rubbish or garbage must be removed within seven (7) days from and after the date of such posting. Such notices shall be conspicuously posted on or in front of the property on or in front of which the condition exists, as follows:

(1) One (1) notice shall be posted on or in front of each separately owned parcel;

(2) Not more than two (2) notices shall be posted to any parcel of fifty (50) to one hundred (100) feet frontage;

(3) Notices shall be placed at intervals of not more than one hundred (100) feet, if the frontage of a parcel is greater than one hundred (100) feet, with one (1) notice for each one hundred (100) feet of frontage.

(b) In addition to posting such notices, the city public works director may send a similar notice to the owner of the subject property as shown upon any city record, or upon the last equalized tax roll, by depositing such notice in the United States mail; but the failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this article. Such notice shall be mailed not less than twenty (20) days prior to the date set for a hearing upon objections.

(Code 1952, § 3842.1; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1476, § 1, 3-12-79; Ord. No. NS-2300, § 2, 9-3-96)

The headings of the notices required by section 16-49 shall be in letters approximately one inch in height. Said notices shall be in substantially the following form:

"NOTICE TO CLEAN PREMISES

"NOTICE IS HEREBY GIVEN to the owner, manager, occupant or persons having charge or control of the property located at (describe property, e.g., address, assessor's parcel number, physical description) that the condition(s) of (describe violation(s)) _______ exists upon the property which is/are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity.

"The said condition(s) must be abated on or before ________, 19___. If not abated on or before said date, the City of Santa Ana may abate the condition or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon.

"Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, Santa Ana, California, not later than the date for abatement set forth hereinabove."

(Code 1952, § 3842.2; Ord. No. NS-880, § 1, 6-6-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1235, § 40, 12-9-74; Ord. No. NS-1476, § 2, 3-12-79)

If the clerk of the council receives any appeals from the notice specified in section 16-50, the clerk shall set such appeals for public hearing by the city council and shall send written notices of such public hearing to all persons filing such appeals. At the time and place stated in the notices, the city council shall hear and consider all objections to the proposed abatement work. At the conclusion of the hearing, the council shall allow or overrule any objections.

(Ord. No. NS-2300, § 3, 9-3-96)

Editor's note— Prior to the reenactment of § 16-51 by Ord. No. NS-2300, Ord. No. NS-1235, § 41, enacted Dec. 9, 1974, had repealed § 16-51, which had pertained to hearings and had derived from Code 1952, § 3842.3 and Ord. No. NS-880, § 1, adopted June 5, 1967.

At the conclusion of said hearing, the council may order the city public works director to abate said nuisance by entering upon private property to abate and remove the same.

(Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 42, 12-9-74; Ord. No. NS-2300, § 4, 9-3-96)

The city public works director shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of mailing, said officer will abate the same and will, if necessary, enter upon or into the private property of said person without further notice or liability therefor in order to abate said nuisance.

(Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 5, 9-3-96)

The city public works director may cause the city's nuisance abatement work force or contractor to enter upon any private property and abate any nuisance found thereon, or in front thereof, provided ten (10) days notice to abate such nuisance shall have been posted or mailed as required by this article, the time allowed by such notice shall have expired, and no person shall have filed a written statement of objections as herein provided within ten (10) days after posting or mailing; in the event objections shall have been duly filed, and overruled by the city council, the city public works director may cause the city's nuisance abatement work force or contractor to enter upon any such private property and, in accordance with the order of the city, abate the nuisance found thereon, or in front thereof.

(Code 1952, § 3842.6; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 43, 12-9-74; Ord. No. NS-2300, § 6, 9-3-96)

(a) The city public works director shall keep a separate account of the cost of abatement in front of or on each individual lot or parcel of land where abatement work is done. He shall submit to the city manager for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three (3) days prior to its submission to the city council on or near the council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the city council may hear the matter or refer it to the hearing officer under the provisions of Chapter 3 of this Code.

(b) The city council may, by resolution, establish a standard administrative fee for parcels requiring nuisance abatement work by the city's nuisance abatement work force or contractor. Such fee shall be in addition to the direct cost of the abatement work and shall be in an amount reasonably determined to cover such costs as posting, inspection, contractor supervision, and the like.

(c) The city council may, by resolution, also establish a standard charge for additional administrative costs for parcels requiring more than one (1) notice of abatement in any twelve-month period.

(Code 1952, § 3842.7; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 44, 12-9-74; Ord. No. NS-2300, § 7, 9-3-96)

State Law reference— For authority to abate nuisances, see § 38773, Gov. Code.

The city finance director shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report. The city finance director may bill the owner of record directly at any time he shall desire.

(Code 1952, § 3842.10; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 8, 9-3-96)

The cost of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed, it is a lien on the lot or parcel.

(Code 1952, § 3842.8; Ord. No. NS-880, § 1, 6-5-67)

After confirmation of a report, a certified copy of the same shall be filed with the county auditor on or before August 10th of each year. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. 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 procedures of foreclosure and sale provided for ordinary municipal taxes. 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. Laws relating to the levy, collection, and enforcement of county taxes shall apply to such special assessment taxes.

(Code 1952, § 3842.9; Ord. No. NS-880, § 1, 6-5-67)

(a) Any assessment erroneously made may be cancelled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure:

(1) A claim of error may be filed with the clerk of the council at any time before the expiration of one year following April 10th of the tax year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the clerk of the council, and shall be verified;

(2) Any claim filed shall be forwarded to the city public works director for review and report to the city finance director. If the city public works director shall determine that such assessment was erroneously made, in whole or in part, the city finance director shall request the county board of supervisors to direct the county auditor-controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the city finance director shall be authority for the auditor-controller so to correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person who paid the same, by the city finance director. In lieu of proof otherwise, the city finance director may presume that the persons to whom the abatement cost was assessed were the persons who paid the same;

(3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty (60) days after the filing of the same, or whose claim is denied, in whole or in part in writing, by the city finance director, may, within ten (10) days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the city council pursuant to Chapter 3 of the Santa Ana Municipal Code;

(4) If the city council shall find the disputed assessment to be erroneous in whole or in part it may direct the city finance director to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds;

(5) Not later than thirty (30) days after the correction of any assessment or refund of any monies hereinunder, except by direction of the city council, the city finance director shall transmit to the city council a report of such action, together with the report of the city public works director.

(b) Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by section 16-55, relating to the work for which such erroneous assessment was levied, may be prepared by the officer who prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment roll. In all other respects, sections 16-56 through 16-58 shall apply to such corrected assessments, except that the time for doing all things herein specified shall relate from the date of confirmation of the corrected assessment.

(Code 1952, § 3842.11; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 2, 12-9-74; Ord. No. NS-2300, § 9, 9-3-96)

Violation of this article is declared to be a public nuisance which may be abated as provided in part 3 of division 4 of the civil code of the state and in chapter 2 of title X of part 2 of the code of civil procedure of the state, which remedy shall be in addition to any other remedy provided in this article or by state law, including section 372 of the penal code of the state.

(Code 1952, § 3843; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 10, 9-3-96)