Shafter Municipal Code Ch. 8.36 Weeds and Waste Matter

A. All weeds which are described in this section growing upon any private property or in any public street, sidewalk or alley within the city, are declared to be a public nuisance to be abated as provided in this chapter.

B. The term "weeds" includes:

1. Weeds which bear seeds 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 grasses, stubble, brush, dead shrubs, dead trees, litter or other flammable materials which endanger the public safety by creating a fire hazard.

(Amended during 1989 codification; prior code § 3-8-1)

"Waste matter" means any unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which by reason of its location and character, would materially hamper or interfere with the suppression or prevention of fire upon the premises, or the abatement of a nuisance as defined by Section 8.36.010. Such waste matter is also a public nuisance.

(Prior code § 3-8-2)

Except as the city manager or his authorized representative (herein in this chapter referred to as the "manager") determines otherwise, the abatement of each nuisance described in Sections 8.36.010 and 8.36.020 shall be accomplished by the complete removal of all weeds and waste matter, as defined. The manager, at his discretion, may determine and direct that the nuisance be abated by removal of less than all such weeds and waste matter.

(Prior code § 3-8-3)

A. It shall be the duty of every property owner to abate any public nuisance as described in Sections 8.36.010 and 8.36.020 upon his private property and upon the abutting half of the street and/or alley and between the sidelines thereof as extended.

B. The word "street" as used in this section, shall be deemed to include the sidewalk space thereof.

(Prior code § 3-8-4)

Whenever any such weeds or waste matter are growing or existing upon any private real property or on the abutting half of any street, sidewalk space, and/or alley within the city, it shall be the duty of the manager or his authorized representative to notify the owners of the property upon which, or in the front, side or rear of which, such weeds or waste matter are growing, or existing, and inform him that unless the nuisance is abated without delay, the work of abating such nuisance will be done by the city authorities.

(Prior code § 3-8-5)

The notice shall be substantially in the following form:

NOTICE TO CLEAN PREMISES

NOTICE IS HEREBY GIVEN, under the provisions of Chapter 8.36 of the Shafter Municipal Code that weeds, grasses, dead shrubs and dead trees upon property owned by you and/or on the abutting half of the street, sidewalk space and/or alley, in the City of Shafter are a public nuisance in that they are a fire hazard and any rubble, discarded asphalt and concrete and other waste material thereon that might interfere with the abatement of the aforementioned public nuisance, are also a public nuisance.

YOU ARE HEREBY NOTIFIED that said public nuisance is required to be abated within seven days from the date of this notice. If not abated by destruction and removal on or before such time, the City of Shafter will abate the public nuisance or cause the same to be abated, in which case the costs thereof will be assessed against the land and become a tax lien thereon as provided in Chapter 8.36 of the Shafter Municipal Code and will be collected on the tax roll upon which property taxes are collected.

YOU ARE FURTHER NOTIFIED to appeal before the City Council of said City at its meeting on _______, the _____ day of_______, 19___, at seven o'clock P.M., in the Council Chambers of the City Hall at 320 James Street, Shafter, California, and show cause, if any you have, why said nuisance should not be found to exist and the same ordered abated as provided in said Chapter.

Dated:________ 19,___ City Manager

(Prior code § 3-8-6)

A. The manager shall mail a postcard copy or other copy of the notice with all blanks properly filled, to each and every owner of real property on which and/or on the abutting half of the street, sidewalk space and/or alley on which such a nuisance exists, whose name and address appears on the latest equalized county assessment roll, or as known to the manager, mailing the copies of notices to the addresses given or as otherwise known to him.

B. If the name and address of such owner does not appeal on such assessment roll or is not otherwise known to him, he shall cause a copy of such notice to be conspicuously posted on the property affected.

C. The notices so posted shall be substantially the same as the notices mailed.

D. The mailing or posting of all the notices shall be done and completed at least ten days before the time fixed for the hearing.

E. The failure of any property owner to receive such notice shall not deprive the city council of jurisdiction to proceed or affect in any manner the validity of the proceedings taken or to be taken or of any assessment levied under this chapter.

(Prior code § 3-8-7)

A. Upon giving notice as mentioned in Sections 8.36.050 through 8.36.070, the manager shall make and file with the city clerk his affidavit, stating in general terms the existence of the nuisance, and declaring that in each and every case the owner of real property on which and/or on the abutting half of the street, sidewalk space and/or alley on which such weeds are growing and/or waste matter is existing was notified to abate the nuisance, either by mailing or posting the notices as required by this chapter.

B. A copy of the form of notice so mailed or posted shall be annexed to the affidavit together with a list of all properties on which such weeds and/or waste matter have been declared to be nuisance.

(Prior code § 3-8-8)

A. The manager shall attend the meeting of the city council at the time designated in the notice to show cause and report on any other matters desired by the city council concerning the nuisances.

B. Thereupon, if satisfied that the nuisance exists, the city council shall by resolution find the nuisance to exist, and order the manager to proceed with the work of abating the nuisance pursuant to the provisions of this chapter.

(Prior code § 3-8-9)

A. Any owner of real property on which or in front, side and/or rear of which such public nuisance exists, may cause the same to be abated, providing it is done prior to the arrival of the manager's assistants or contractors to do the work; provided in all cases the work shall be done to the satisfaction of the manager.

B. However, it is unlawful for any property owner or other person to burn, or attempt to burn, any such weeds or waste matter without first obtaining written permission to do so from the chief of the fire department of the city.

(Prior code § 3-8-10)

A. When the work is done or caused to be done by the manager, he shall keep an account of the cost of abating such nuisances, including an administrative charge to be determined and apportioned by him upon each separate lot or parcel of land and in the front and alley, if any, in the rear thereof between the sidelines of such lot as extended.

B. The manager shall embody the account in a report and assessment list to the city council, which he shall file with the city clerk.

C. The report and assessment list shall refer to each separate lot or parcel of land by a description sufficient to identify it, and state separately the cost of abating the nuisance upon each parcel of land, including the apportioned administrative charge.

(Prior code § 3-8-11)

A. The manager shall post a copy of the report and assessment list on the bulletin board near the council chambers in city hall, together with a notice of filing the same and of the time and place when and where it will be submitted to the city council for confirmation, at least ten days before the day fixed therein.

B. The manager shall also mail or post copies of the notice to all the owners of property on which and/or in the front, side and/or rear of which such a nuisance was abated for the time, and in the manner, and with like effect, and file with the clerk an affidavit thereof, all as provided in Section 8.36.070 for mailing and posting notices to abate.

C. The notices shall be substantially in the following form:

NOTICE OF FILING REPORT AND ASSESSMENT LIST FOR WEED AND WASTE MATTER ABATEMENT, AND OF HEARING THEREON

NOTICE IS HEREBY GIVEN that the City Manager of the City of Shafter has filed with the City Clerk of said City a report and assessment list on abatement of nuisances (weeds and/or waste matter) within said City, a copy of which is posted on the bulletin board the entrance to the City Hall.

Your property is assessed therein in the sum of $_____

NOTICE IS FURTHER GIVEN that on,_______ the_______ day of,_______ 19___ at the hour of seven o'clock (7:00) P.M. in the Council Chambers of said City Hall said report and assessment list will be presented to the City Council of said City for consideration and confirmation, and any and all persons interested, having any objections to said report and assessment list, or to any other matter or thing relating thereto may appeal at said time and place and be heard.

NOTICE IS FURTHER GIVEN that you may pay said assessment at the office of the City Manager of the City of Shafter at the City Hall, 320 James Street, at any time before five o'clock (5:00) P.M. of August 15, 19___, and if not paid within that time, it will be entered against your property on the City tax roll.

Dated:________19,___ City Manager

(Prior code § 3-8-12)

A. The owners, and all other persons interested in any work done under this chapter, or in the assessment, feeling aggrieved by any act or determination of the manager in relation thereto, or who claim that the work was not performed in a good and substantial manner, or who claim that any portion of the work for any reason, was omitted or illegally included, or having or making any objections to the correctness of the assessment or other act, determination or proceeding of the manager, may appear before the city council at said time and place and be heard.

B. Upon said hearing, the city council may remedy and correct any error and revise and correct any of the acts or determinations of the manager relating to said work; and may amend, alter, modify or correct the assessment in such manner as to them shall seem just, and may require the work to be completed according to their directions.

C. All the decisions and determinations of the city council, upon notice and hearing as mentioned in this chapter, shall be final and conclusive.

D. The assessment, when confirmed, shall become and remain a lien upon the properties stated therein, until paid.

(Prior code § 3-8-13)

Any property owner may, at any time prior to five p.m. on August 15th following the doing of the work, pay the amount assessed against his property at the office of the city manager of the city at the city hall, 320 James Street, and the lien thereof against the property affected shall be released.

(Prior code § 3-8-14)

A. After August 15th, the city manager shall cause the amounts of the assessments remaining unpaid against the respective lots or parcels of land to be entered and extended on the property tax roll, and pursuant to law, the county tax collector shall include the sum on the tax bills applicable to such.

B. Thereafter, the amounts shall be collected at the same time and in the same manner as general ad valorem taxes are collected, and will be subject to the same penalties and the same procedure and sale in the case of delinquency.

C. All laws and ordinances applicable to the levy, collection and enforcement of city property taxes and benefit assessments shall be applicable to such special assessments.

(Prior code § 3-8-15)

A. Unless the amount assessed has been paid within ten days of city council action confirming the same, the city manager shall cause to be filed in the office of the recorder of the county of Kern a certificate in substantially the following form:

NOTICE OF LIEN

Pursuant to the authority deriving by the provisions of Chapter 8.36 of the Shafter Municipal Code, said City of Shafter did, on the _______ day of _______19___cause a nuisance to be abated on the real property hereinafter described and did, on the_______ day of _______ 19 ___ by action duly recorded in its official minutes of said date assess the cost of such abatement. Of said cost there remains unpaid to the City of Shafter the sum of _______ dollars ($_______), and therefore said City of Shafter does hereby claim a client upon said real property in the amount of said unpaid balance, namely, in the amount of _______ dollars ($_______), together with interest calculated thereon at the rate of eight percent (8%) per annum from said _______day of _______, 19___, until said amount has been paid in full and this lien discharged of record, whether by collection with real property taxes on said property or otherwise.

The real property herein before mentioned and upon which a lien is hereby claimed is all that certain parcel or parcels of real property situated in the City of Shafter, County of Kern, State of California and particularly as follows, to wit:

_____ _____ _____

Dated this _____ day of _______ 19___

B. From and after the date of the recording of the notice of lien in the office of the recorder of the County of Kern, as in this section provided, all persons shall be deemed to have full notice thereof.

(Prior code § 3-8-16)