Sebastopol Municipal Code Ch. 8.56 Abatement of Weeds

Weeds growing upon and adjacent to private real property within the City of Sebastopol which are allowed by the owners thereof to flourish and grow constitute a health, fire and safety menace to the citizens of the City of Sebastopol.

“Weeds,” as used in this chapter, includes any of the following:

1. Weeds which bear fruit of a downy or wingy nature;

2. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;

3. Weeds which are otherwise noxious or dangerous;

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

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

No owner, agent, lessee, or other person occupying or having charge or control of any building, lot or premises within the City shall permit weeds to remain upon said premises, public sidewalks or streets, or alleyways between said premises and the established curb line. Every property owner shall have the responsibility to remove or destroy such weed from his property and the City shall be responsible for the removal or abatement of all weeds growing between the curb lines of all established streets or alleys wherein said City has assumed maintenance thereof.

Whenever any such weeds are growing upon any street, sidewalk or private property within the City, the City Council may determine that the same constitutes a public nuisance, and may by resolution declare the same to be a public nuisance, and shall set out a general description of such weeds and their location which constitutes such public nuisance as should reasonably be anticipated to give all persons affected thereby notice thereof. The resolution shall fix a time and place for hearing any objections to the proposed destruction or removal of such weeds by City authorities, and shall state that the expense thereof shall be assessed upon the lot or lands from which such weeds shall have been destroyed or removed. A copy of the notice to destroy weeds, as provided in SMC 8.56.050, shall be mailed by the City Manager to the owner of said property as said owner’s name is listed on the last current equalized assessment roll. Said notices shall be mailed at least 10 days prior to the time for hearing objections by the City Council.

The City Manager shall publish the foregoing resolution in a newspaper of local circulation. Said notice shall be no smaller than four inches wide by five inches in length. Publication of said notice in addition to the above mailing requirements shall be considered sufficient notification to all property owners and other interested persons.

After the passage of such resolution the City Manager shall cause a notice to be prepared. The City Manager may designate a City employee as the “Weed Abatement Officer,” who shall be empowered to carry out for the City Manager, and give all notices, make all reports, and carry out all resolutions, as provided in this chapter. Such notice shall be substantially in the following form:

Notice To Destroy Weeds

NOTICE IS HEREBY GIVEN that on __________ pursuant to the provisions of Section 4 of Ordinance No. _____ of the City of Sebastopol, the City Council of said City passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section I of said Ordinance No. ____, constitute a public nuisance, must be abated by the destruction or removal thereof.

NOTICE IS Further GIVEN that property owners shall give written notice prior to the Public Hearing established herein stating that they have removed all such weeds from their property, and the abutting part of the street between the property line and the established curb line in front and alleys, if any, behind such property, and between the lot lines thereof as extended. Unless such notice is given and the weeds thereon removed, such weeds will be destroyed or removed and such nuisance abated by the City authorities. In this case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Council of said City, to be held in the _____________ City of Sebastopol,

On _________ at ________ o’clock p.m., when and where their objections will be heard and given due consideration.

Dated this day of ______________,

City Manager

City of Sebastopol

At the time stated in the notice the City shall hear and consider all objections to the proposed destruction and removal of such weeds and may continue the hearing from time to time. Council by motion shall allow or overrule any or all objections, whereupon the City Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of removal. The decision of the City Council on the matter shall be deemed final and conclusive.

The Council shall by resolution order the City Manager to abate such nuisance or cause the same to be abated by having the weeds referred to destroyed by cutting, discing, or any other method in the discretion of the City Manager; his deputies, assistants, employees and contracting agents are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to destroy or remove such weeds himself, or have the same destroyed or removed at his own expense; provided, that such weeds have been removed prior to the arrival of the City Manager or his authorized representatives to remove them.

The City Manager shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the City Council. Such report shall refer to each separate assessor’s parcel, together with the expense proposed to be assessed against such separate parcel of land.

The City Manager shall mail a copy of said notice to each owner listed thereon, post copies of such report and assessment list on the bulletin board at the front door of the City Hall of the City of Sebastopol, at such other place as the City may officially establish a bulletin board, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. The posting and mailing of said notice shall be made and completed at least 10 days before the time such report shall have been submitted to the City Council. Such notice, as so posted and mailed, shall be substantially in the following form:

NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT

NOTICE IS HEREBY GIVEN that on _____________________ , the City Manager of the City of Sebastopol filed with the City Clerk of said City a report and assessment on abatement of weeds within said City, copies of which are posted on the bulletin board at the front door of the City Hall of the City of Sebastopol.

NOTICE IS FURTHER GIVEN that on ___________________ , at the hour of __________ o’clock p.m., in the ________________ , said report and assessment list shall be presented to the City Council of said City for consideration and conformation and that any and all persons interested having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

Dated this ___________ day of _________ , ________ .

City Clerk

City of Sebastopol

At the time stated in the notice the City shall hear and consider all objections to the costs from any person described in SMC 8.56.030 and shall allow or overrule any and all objections.

The City Council shall by resolution determine weed assessments and order them entered upon the tax roll and declare them to be a lien on said real property. Said resolution shall direct that the City Clerk forward a copy to the County Tax Collector of Sonoma County for the purpose of collection of the sums due to the City of Sebastopol.

Ordinance Nos. 419 and 478 of the City of Sebastopol and all other ordinances in conflict herewith be and the same are hereby repealed.