Chapter 8.20 — WEED ABATEMENT

Sections:

• 8.20.010 Nuisance declared--Property owner's duty to abate.

• 8.20.020 Abatement procedure generally.

• 8.20.030 Abatement by city.

• 8.20.040 Foreclosure of liens.

• 8.20.050 Penalty for violation.

All weeds in the city are declared to be a public nuisance. All owners of property in the city are required to keep their respective property and the sidewalk (that portion of the street between the curbline and the property line) in front of their respective property free from all weeds. (Ord. 73-11-714 § 2 (part): prior code § 9.52.010)

A. Whenever it appears that the provisions of this chapter are being violated, it shall be the duty of the director of public works of the city to so notify the city council. The notice to the council shall contain a description of the property upon which weeds are growing in violation of this chapter or, in case weeks are growing on the sidewalk, then a description of the property in front of which the sidewalk is located. B. Nothing in this section shall be construed as meaning that the notice shall contain an exact legal description of the aforementioned real property. The description shall be deemed sufficient if it describes the property in such a manner as will enable the members of the city council to locate and identify the property therein described. C. If, upon the consideration of the notice from the director of public works, the city council determines that this chapter or any section thereof is being violated by the owners of real property described in the notice, the city council may adopt a resolution authorizing the director of public works to notify the owners of the premises upon which the nuisance exists of such violation. D. Upon the adoption of a resolution, as provided for in subsection C of this section, it shall be the duty of the director of public works to notify the owner of the premises upon which the nuisance exists of such violation by depositing such notice in the United States Post Office, enclosed in an envelope, having the postage thereon prepaid, and addressed to such owner at his last known address, or by posting such notice in a conspicuous place upon the premises. Upon the failure of the owner to thereupon remove such weeds at the expense of the owner, and such expense shall be recoverable by the city by suit or otherwise. (Ord. 73-11-714 § 2 (part): prior code § 9.52.020)

Whenever such a nuisance exists upon the property of any nonresident or upon the sidewalk in front of such property or any property or the sidewalk in front thereof, the owner or owners of which property cannot be found by the director of public works after diligent search, or on the property of any owner or owners or on the sidewalk in front of said property upon whom due notice may have been served, by mailing or posting as provided in Section 8.20.020, and who for ten days refuse or neglect to abate the same, or on any city property, it shall be the duty of the director of public works to cause the nuisance to be at once removed or abated, and to draw upon the general fund for such sums as may be required for its removal or abatement. The sum or sums so paid shall, at the time of being so paid, become a lien on the property from which or from the sidewalk in front of which the nuisance has been removed or abated in pursuance of this section, and may be recovered by an action against the property. (Ord. 73-11-714 § 2 (part): prior code § 9.52.030)

It shall be the duty of the city attorney to foreclose all such liens in the proper court in the name and for the benefit of the city and, when the property is sold, enough of the proceeds shall be paid into the city treasury to satisfy the lien and costs, and the surplus, if there is any, shall be paid to the owner of the property if he can be found and, if not, then into the court for his use when ascertained. (Ord. 73-11-714 § 2 (part): prior code § 9.52.040)

Any person who maintains, permits, or allows such nuisance to exist upon his or her property or premises, or on the sidewalk in front thereof, after notice to remove the same has been served upon such person or posted upon the property upon which the nuisance exists, is guilty of a misdemeanor and shall be punished pursuant to Chapter 1.16. (Ord. 73-11-714 § 2 (part): prior code § 9.52.050) Chapter 8.24

RAT AND VERMIN CONTROL Sections:

• 8.24.010 Permitting harborages for vermin prohibited.
• 8.24.020 Ratproofing grain storage facilities.
• 8.24.030 Ratproofing food storage facilities.
• 8.24.040 Notices to ratproof buildings.
• 8.24.050 Ratproofing specifications generally.
• 8.24.060 Screening required.
• 8.24.070 Foundations.
• 8.24.080 Walls.
• 8.24.090 Interference with health officer prohibited.
• 8.24.100 Penalty for violations.

It is unlawful for any person to maintain any building, lot, premises, vehicle, or any place in such an insanitary condition as to permit the breeding or harboring therein or thereon of flies, rats, bedbugs, cockroaches, lice, fleas or any vermin. It is unlawful for any person to permit an accumulation of rubbish or material that may serve as a harborage for rats unless such material is elevated not less than eighteen inches above the ground, with a clear intervening space thereunder. (Prior code § 6.16.060 (Ord. 270 § 6, 1945))

No person shall use any building or structure or portion thereof for the storage, handling, preparation or sale of any grain or grain products which in the opinion of the health officer is or is likely to become infested with rats, unless such building or structure or portion thereof is ratproofed. (Prior code § 6.16.020 (Ord. 270 § 2, 1945))

No person shall use any building or structure or portion thereof for a slaughterhouse, packing house or bakery, or for the manufacture, preparation, storage, handling or display of any food or food product for human or animal consumption which, in the opinion of the health officer, is or is likely to become infested with rats, unless such building or structure or portion thereof is ratproofed. (Prior code § 6.16.040 (Ord. 270 § 4, 1945))

A. When determined by the health officer or his duly authorized representative that any building or structure constitutes a rat harborage, he may serve upon the person in charge or control thereof a notice in writing to ratproof such building or structure, as set forth in Sections 8.24.050 through 8.24.080, within a reasonable time, as stated in such notice. B. When determined by the health officer or his duly authorized representative that it is unnecessary to ratproof such building or structure in its entirety, he may specify in such notice that portion which is to be ratproofed. (Prior code § 6.16.030 (Ord. 270 § 3, 1945))

A. Rat-proofing as required in this chapter, shall be interpreted to mean a continuous masonry foundation of the size and depth required by the building ordinance and the other requirements for a new building of the same occupancy as regards clearance beneath wood joists, wall covering adjacent to the top foundation, and protection of roof and foundation openings. B. In addition to the other requirements set forth in this chapter, any building or structure or portion thereof used for the storage or handling of any grain or grain product, or of any food or food products for human or animal consumption, except

dwellings or apartments, shall be ratproofed as provided in Sections 8.24.060 through 8.24.080. (Prior code §§ 6.16.050, 6.16.070 (Ord. 270 §§ 5, 7, 1945))

All underfloor vents, openings in foundations, roof vents, and skylights shall be screened by use of screening of at least one-half inch mesh hardware cloth. (Prior code § 6.16.080 (Ord. 270 § 7 (part), 1945))

A. All foundations, except otherwise provided in this chapter, shall be continuous foundations. B. Buildings erected without a continuous foundation and upon a slab of cement or asphaltic concrete not less than three inches in thickness need not be ratproofed as required, if a concrete curb not less than one foot in depth below finished grade is run continuously around and under the outside edges of such slab. C. Buildings under four hundred square feet in area having an eighteen-inch clearance under the floor joists and supported on piers need not have the required continuous foundation. (Prior code § 6.16.090 (Ord. 270 § 7 (part), 1945))

A twelve-inch strip of noncorrosive metal lath weighing not less than three quarters of a pound per square yard shall be placed under wall coverings on both the inside and outside of all exterior stud walls and the floor level except that the strip need not be placed on the outside face where there is maintained a clearance of eighteen inches under the floor joists or when the exterior wall covering is stucco. (Prior code § 6.16.100 (Ord. 270 § 7 (part), 1945))

No person shall refuse, resist, or attempt to resist the entrance of the health officer into any railway car, vehicle, building, room, lot, or other place, or portion of a room thereof in the city in the performance of his duties or refuse to obey any lawful order of the health officer made in the performance of his duties within the power conferred upon him by the law or by this chapter. (Prior code § 6.16.010 (Ord. 270 § 1, 1945))

The penalty for the violation of any provision of this chapter shall be as prescribed in Chapter 1.16. (Ord. § D (part), 1966: prior code § 6.16.110 (Ord. 270 § 8, 1945))