Selma Municipal Code Ch. 3 Weeds

The following are declared to be public nuisances in the city:

(A) All weeds growing upon the street, sidewalks, or private property in the city.

(B) All rubbish, refuse and dirt upon the parkways, streets, alleys, sidewalks, or private property in the city.

(C) All garbage upon parkways, sidewalks, streets, alleys, or private property in the city.

(D) All abandoned, wrecked, dismantled or inoperative vehicles or parts of same on public or private property as defined in this code.

(E) All grass deposits or other obstructions situated or placed on sidewalks, parkings and parkways or streets as provided and described in Government Code section 39502.

(F) Any sidewalk which is out of repair or pending reconstruction and is in such a condition to endanger persons or property or in a condition to interfere with the public convenience in the use of such sidewalk as described and provided in Streets And Highway Code section 5611. (Ord. 849, 12-20-1982)

For the purposes of this chapter, the following shall mean:

ENVIRONMENTAL CONTROL OFFICER: Director of public works, his assistants and deputies, or other public officer designated by the city council to perform the duties imposed by this chapter upon the environmental control officer.

GARBAGE: As defined in section 8-1-1 of this code.

IN FRONT OF WHICH THE NUISANCE EXISTS: Includes to the rear of or abutting the property upon which the nuisance exists.

RUBBISH: As defined in section 8-1-1 of this code.

STREET: Includes public street, alley, lane, court or other place.

WEEDS: Includes any of the following:

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

(B) Sagebrush, chaparral, or any other brush or weeds which attain such large growth as to become, when dry, a fire menace or nuisance to adjacent property.

(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.

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

(F) Weeds which are seasonal and recurrent nuisances. (Ord. 849, 12-20-1982)

(A) It shall be the duty of the environmental control officer to enforce the provisions of this chapter.

(B) When possible, and at his request, the public works, police and/or fire departments shall aid him. (Ord. 849, 12-20-1982)

When in the opinion of the environmental control officer a public nuisance, as provided in section 9-3-1 of this chapter exists, he shall give or cause to be given notice as hereinafter provided directing the removal of said public nuisance within fourteen (14) days following the date of notice or in default of this being done, the city shall proceed to abate such nuisance and assess the costs of clearing the parcel to the owners and/or occupant or to the owner whose land fronts on said sidewalks, he shall give two (2) weeks' notice. (Ord. 849, 12-20-1982)

(A) Posting: Such notice shall be given by posting a notice in a conspicuous place upon the property, lots, or buildings upon or in which such weeds, grass, rubbish, or other easily combustible material is found, which notice shall be headed, "Notice To Clean Premises", in letters not less than one inch (1") in height, and which, in legible characters, shall direct the removal of such weeds, grass, rubbish, or other combustible material within fourteen (14) days from the posting or service thereof, which date of posting or service shall be stated in such notice. Said notice shall include the following:

Within fourteen (14) days of the date of posting of this notice, you have the right to appeal the decision of the Environmental Control Officer to the City Council by filing a written request with the City Administrator. Your appeal will be scheduled and heard at the next regular City Council meeting. The decision of the City Council shall be final.

(B) Mailing: A copy of such notice shall also be sent by mail to the property owner as shown on the last equalized assessment roll. (Ord. 849, 12-20-1982)

The environmental control officer may enter upon private property to inspect for and abate the nuisance. (Ord. 849, 12-20-1982)

Before the environmental control officer arrives, any property owner may remove the weeds, rubbish, garbage, refuse, vehicles, grass or other obstructions and dirt, or repair the sidewalks at his own expense. (Ord. 849, 12-20-1982)

Should such owner or occupant fail, refuse, or neglect to remove such weeds, grass, rubbish, or other easily combustible material within such time as may be prescribed, the environmental control officer may employ labor and equipment to have the same done under his direction at the expense of the city and upon payment of the cost by the city. Such owner of the property shall be indebted to the city for the cost thereof, and there shall be created a lien against such property in an amount equal to all costs involved in such work. In an action to recover the costs thereof, the city shall be entitled to recover in such action a reasonable attorney fee to be fixed by the court and to be paid, in addition to the costs of such work, by the owner of such property. (Ord. 849, 12-20-1982)

The environmental control officer shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He shall submit to the city council for confirmation an itemized written report showing such cost, and shall post a copy of the costs on each separate parcel of land. (Ord. 849, 12-20-1982)

The city clerk may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until August 1 following the confirmation of the report. (Ord. 849, 12-20-1982)

The cost of abatement in front of or upon each parcel of land constitutes a special assessment against the parcel. After the assessment is made and confirmed, it is a lien on the parcel. (Ord. 849, 12-20-1982)

After confirmation of the report, the city council shall by resolution, assess the cost of same to each parcel of land involved and the city clerk shall certify such assessment to the county assessor and tax collector who shall place the same upon the tax roll for collection as a special tax in addition to the taxes for general revenue purposes and who shall collect the same in the same manner and subject to the same penalties as other city taxes. A certified copy of the report shall be filed with the county auditor on or before August 10 of each year. (Ord. 849, 12-20-1982)

All weeds and grass shall be removed from parkways, lots and all private property on or before April 1 of each year by the owner of the parcel upon which the nuisance exists, or as often as may be deemed necessary during the year by the environmental control officer. (Ord. 849, 12-20-1982)

A rubbish, refuse, weeds, and structure removal revolving fund in the sum of twenty five thousand dollars ($25,000.00) for financing and paying for the cleanup of property in the city is hereby established, and the finance department is directed to transfer from the transit fund into the rubbish, refuse, weeds, and structure removal revolving fund, the sum of twenty five thousand dollars ($25,000.00). The rubbish, refuse, weeds, and structure removal revolving fund shall thereafter be maintained, if at all, as determined necessary by resolution of the city council.

(A) Purpose: The rubbish, refuse, weeds, and structure removal revolving fund shall be used and expended only to provide monies to property owners for the cleanup, removal, and abatement of nuisances that are declared a public nuisances by environmental control officer.

(B) Public Nuisances Standards Of Cleanup, Removal, And Abatement: All property cleanup, removal, and abatement as provided in this chapter shall conform with the standards and specifications of the city and to the satisfaction of the environmental control officer.

(C) Advances; Applications And Agreements: Any owner of real property desiring to finance the cleanup, removal, and abatement using the rubbish, refuse, weeds, and structure removal revolving fund shall make a written application and pay an application processing fee in an amount as set and/or amended by resolution of the city council to the finance department. The maximum amount that may be requested is two thousand five hundred dollars ($2,500.00) for cleanup or five thousand dollars ($5,000) for demolition of structure. If such application is accepted and approved, the city and the owner shall enter into a written agreement, including a promissory note, recorded on the property for the payment for such cleanup, removal, and abatement of rubbish, refuse, weeds, and structure on property from the fund. The owner shall by such agreement obligate himself or herself to repay to the city all sums paid from the fund for such cleanup, removal, and abatement of property. The entire amount thereof to be fully repaid to the city within a period of not exceeding five (5) years from the date of such agreement, and on such terms and under such conditions as may be set forth in such written agreement. The entire balance due under such agreement shall constitute a special assessment against the parcel of real property thus benefitted, and shall be a lien on the property for the amount thereof, including a prorated share of the administration cost not to exceed one hundred dollars ($100.00) per year, and shall continue to be a lien thereon until the full amount thereof is paid and discharged in full. Property owner shall only have one (1) loan agreement at a time but may reapply once an obligation is fulfilled.

(D) Advances; Assessments As Taxes: The finance department, on or before the first Monday in March of each year, shall cause to be filed with the county assessor a description of the property, together with the name of the owner or reputed owner thereof, against which such special assessment shall be made, and the installments then due and unpaid, with administrative fees, together with all other sums of money due and unpaid under such agreement, may be assessed as taxes against the real property, and the amount of money so assessed shall bear the same penalties and interest as taxes regularly assessed on default of payment thereof.

(E) Deposits: All money received by the city under such written agreements or assessed or collected by the city shall be deposited in the rubbish, refuse, weeds, and structure removal revolving fund. (Ord. 2019-7, 12-2-2019)