Article 7-15

WEED AND RUBBISH ABATEMENT*

Sections:

This Article is adopted pursuant to Sections 39501 and 39502 of the Government Code. It is intended as an alternative to the procedure set forth in Article 2 of Chapter 13, Division 3 of Title 4 of the Government Code (commencing with Section 39560). The City may proceed under this Article or said Article 2 of the Government Code, or both. All references to actions by the City Manager or the City herein also include, respectively, the Manager's and City's designees. (Ord. No. 360, § 2(Exh. A), 12-5-2018)

The term "weeds," as used in this Article, shall include, without limitation, any of the following:

(a) Weeds which bear seeds of a downy or wingy nature;

(b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace;

(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;

*Editor’s note— Ord. No. 360, § 2(Exh. A), adopted December 5, 2018, amended Article 7-15 in its entirety to read as herein set out. Former Article 7-15, §§ 7-15.010—7-15.120, pertained to similar provisions, and derived from the 1992 Code.

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

(Ord. No. 360, § 2(Exh. A), 12-5-2018)

Each of the following are hereby declared to be a public nuisance and shall be abated by the owner of the property, who is hereby required to remove or destroy such weeds, rubbish, refuse, dirt, obstructions and any other dangerous materials, as hereafter described, from his or her property, and from the abutting street or streets adjoining such property within the extended lot lines thereof, to the centerline of such street or streets:

(a) All weeds, rubbish, refuse, dirt or other obstructions located or growing on the right-of-way of any public street or street offered for dedication to the public, and any sidewalk, curb, gutter, parkway, driveway, private road or right-of-way furnishing access to any building or structure, or alley within the City;

(b) Except as set forth in subparagraph (c) of this Section below, all weeds, rubbish, refuse, and other materials dangerous to neighboring property or the health or welfare of residents in the vicinity, which are growing or located within one hundred feet of any building, fence, structure or property line.

(c) In an A, HR, R-OS or R-1-40,000 zoning district in the City, all weeds, rubbish and refuse which are growing or located on any parcel or parcels in excess of one acre in single ownership, which are within one hundred feet of any building or structure, or within thirty feet of any right-of-way line of a public street or within thirty feet of the property line of the parcel(s) in question. In addition, on any parcel or parcels in excess of five acres in single ownership, there shall be established 30 foot fuel breaks cleared of flammable violation dividing the parcel or parcels into segments of five acres or less. It is the intention of this provision to permit the retention of natural growth on larger parcels of land in the lesser developed areas of the City, but at the same time, to provide reasonable regulations for the prevention of sweeping fires in such areas. (Ord. No. 360, § 2(Exh. A), 12-5-2018)

(a) The City Manager shall furnish annually to the City Council a report of those properties on which

(Saratoga Supp. No. 57, 1-26)

124.1

7-15.040

any weeds, rubbish, refuse, dirt, obstructions or other dangerous materials have been found to exist in violation of this Article. The City Council shall review such report at a public hearing and upon the close of the public hearing make any changes therein it deems necessary or proper and, by resolution, declare a public nuisance to exist upon the properties described in the report and order abatement of the nuisance.

(b) At least ten calendar days prior to the public hearing, the City Manager shall send to the owner of each property on which a nuisance has been found to exist, at the owner's address as shown on the latest available equalized assessment roll, a notice informing the owner of the nuisance and directing abatement of the nuisance within the time specified in the notice which shall be not less than ten days after the date on which the notice is mailed. The notice to abate shall also advise the property owner of the following:

(1) The date, time, location of the City Council public hearing;

(2) That upon failure by the owner to abate the nuisance within the specified time, the property will be declared a public nuisance and the weeds, rubbish, or other materials will be removed by the City or its agents, employees or contractors;

(3) That all fees and abatement costs in the amount set forth in the notice shall be charged to the owner and be levied as a special assessment against the property, to be collected at the same time and in the same manner as property taxes;

(4) That any person objecting to the declaration of nuisance or the proposed abatement thereof may present such objections at the public hearing to be conducted by the City Council at the time and place indicated in the notice.

(c) The City Council shall conduct a public hearing on the proposed nuisance declaration and abatement order at the time and place designated in the notice and shall hear and consider any objections by the owners of properties on which a nuisance has been found. The City Council shall make any changes in the declaration and order it deems necessary or proper, after which the Council shall by resolution confirm the declaration and order as submitted or modified. The decision by the Council shall be final.

(Ord. No. 360, § 2(Exh. A), 12-5-2018; Ord. No. 413, § 1(Exh. A, § 9), 11-5-2025)

Upon any failure by the property owner to remove or abate a nuisance listed in the declaration and order within the time specified in the notice given pursuant to Subsection 7-15.050, the City Manager shall, without further order or notice, cause the nuisance to be abated, and for such purpose, the City and its agents, employees and contractors are authorized to enter upon the property where such nuisance exists. Nothing herein shall prevent the property owner from abating such nuisance, so long as all weeds, rubbish, refuse, dirt, obstructions and dangerous materials have been completely removed or destroyed prior to the arrival of the City's designees to remove the same.

(Ord. No. 360, § 2(Exh. A), 12-5-2018)

The City shall keep an account of fees and the costs of abating such nuisance upon each separate lot or parcel of land together with administration costs which will become a lien against the land and shall constitute a special assessment and be collected at the same time and in the same manner as property taxes, and a hearing on such assessment and any objections thereto will be held by the City Council.

(Ord. No. 360, § 2(Exh. A), 12-5-2018; Ord. No. 413, § 1(Exh. A, § 9), 11-5-2025)

The City Manager shall submit a report to the City Council of all weed abatement costs and fees, and a list of the parcels to be assessed for the costs and fees. The Council shall conduct a public hearing on the report, at which time any property owner may object to any matter contained in the report. The City Council shall review the report, hear and determine any objections thereto, and make any changes therein it deems necessary or proper, after which the Council shall by resolution confirm the report and assessment as submitted or modified. The decision by the Council shall be final. (Ord. No. 360, § 2(Exh. A), 12-5-2018; Ord. No. 413, § 1(Exh. A, § 9), 11-5-2025)

The cost of abating the nuisance upon the property described in the assessment report, together with the applicable fees thereon, as finally confirmed by the City Council, shall constitute a special assessment against

(Saratoga Supp. No. 57, 1-26)

124.2

7-15.100

each respective lot or parcel of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessment until paid. A certified copy of the assessment shall be filed with the County Tax Collector, who shall enter the amounts of such assessments against the respective lots or parcels of land on the County tax roll upon which general municipal taxes are to be collected, and the amount of each such assessment shall be collected at the same time and in the same manner as ordinary municipal taxes, and shall be subject to the same interest and penalties, and the same procedures for sale in case of delinquency. All laws and ordinances heretofore or hereafter made applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessments.

(Ord. No. 360, § 2(Exh. A), 12-5-2018)

Nothing contained in this Article shall prevent the City from abating any weed or rubbish nuisance summarily, without notice to the property owner, pursuant to Article 3-20 of this Code where an immediate hazard to the public health, safety or welfare is found by the Enforcement Officer to exist upon any real property in the City. In such event, the collection of abatement costs and levy of the same as a special assessment shall be conducted in accordance with the procedure set forth in Article 3-20 of this Code.

(Ord. No. 360, § 2(Exh. A), 12-5-2018)

The violation of any provision contained in this Article shall constitute an infraction, subject to the penalties as set forth in Chapter 3 of this Code. (Ord. No. 360, § 2(Exh. A), 12-5-2018)

124.3

(Saratoga Supp. No. 57, 1-26)

7-20.010