8.28 — WEED AND RUBBISH ABATEMENT

Pursuant to the authority of Government Code Section 39501 et seq., the city council finds and declares that it is necessary to establish a procedure for the requiring of and providing for the removal of weeds and rubbish from sidewalks, parking areas or streets, and from private property,

and to provide for the cost of removal as a lien upon the subject property and for the enforcement of the lien by sale of the property. (Prior code § 9.1)

As used in this chapter:

"Rubbish" means and includes all putrescible or nonputrescible solid and semisolid waste, whether combustible or noncombustible, including both garbage and rubbish.

"Weeds" means and includes, but is not limited to, weeds, with mature wingy or downy seeds, which will attain growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.

(Prior code § 9.2)

It is unlawful for the owner, agent, lessee or other person having charge or control of any piece or parcel of land within the city to allow weeds or rubbish to grow or to remain thereon, or upon the street or sidewalk in front of such piece or parcel of land. (Prior code § 9.3)

In the event of a violation of Section 8.28.030 , the fire chief of the city or his or her designated representative shall proceed as follows:

• A. Notice to Remove. The fire chief is authorized to give notice to the owner, agent, lessee or other person having charge or control of private property, and order the removal or destruction of weeds or rubbish from the property or abutting public property within 10 days. Hereinafter this notice shall be referred to as "Notice to Remove" and the removal or destruction of weeds or rubbish shall be referred to as "weed or rubbish abatement". The Notice to Remove shall be served by posting in a conspicuous place on or in front of the property or personal service on such owner, agent, lessee or other person having charge or control of the premises as well as any of the following methods: (1) by certified mail, return receipt requested; or (2) regular first class mail addressed to the owner, agent, lessee or other person having charge or control of the property, at his or her last known address. In the event the Notice to Remove is directed to one other than the owner of the property, a courtesy copy of the Notice to Remove shall be sent by regular first class mail to the owner at his or her last known address on file with the Lassen County assessor's office.

• B. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner, agent, lessee, or other person having charge or control, to properly perform weed or rubbish abatement on the property within 10 days of the Notice to Remove being served as required by this chapter, the fire chief is authorized to pay for the weed and rubbish abatement from the city code enforcement and abatement funds.

• C. If the owner, agent, lessee or other person having control of the private real property in the city fails to perform weed or rubbish abatement in accordance with the Notice to Remove, within 10 days after service of the Notice to Remove it shall be the duty of the fire chief to abate the weeds and rubbish by destroying or causing to be destroyed, or removing or causing to be removed, the weeds and/or rubbish. The fire chief and/or contracting agents of the city are expressly authorized to enter upon private property for the purpose of weed and rubbish abatement without prior consent of any owner, agent, lessee, or other person having charge or

control or court permission and without a warrant, so long as the service requirements of this chapter are followed. It is unlawful for any person to interfere, hinder, or refuse to allow the fire chief and/or contracting agents of the city to enter upon private property for the purpose of weed and rubbish abatement in accordance with the provisions of this chapter. Any person owning, occupying, renting, managing, leasing, or controlling real property in the city shall have the right to destroy or remove weeds or rubbish or have the same destroyed or removed at his or her own expense at any time before the arrival of the fire chief or authorized representatives for such purpose.

• D. The city finance director shall keep an account of the cost of weed and rubbish abatement to the city for each separate lot or parcel of land and the portions of adjoining public property to the same. The city finance director shall serve by first class mail, a bill for the weed and rubbish abatement on a lot or parcel of land or adjoining public property to each owner, agent, lessee or other person having control of the lot or parcel of land or adjoining public property. Each owner, agent, lessee or other person having control of the lot or parcel of land or adjoining public property shall have 30 days from the date the bill was mailed, to pay the bill in full. The city finance director shall keep an account of the unpaid cost to the city for the weed and rubbish abatement for each separate lot or parcel of land and the portions of public property adjoining the same, and shall embody the account in a report and assessment list to the city manager. The city manager will present the report and assessment list to the city council. The report shall refer to each separate lot or parcel of land and adjoining public property by description sufficiently reasonable to identify the same, together with the expense proposed to be assessed against it. The cost of the weed and rubbish abatement may include the actual cost to remove or destroy weeds and/or rubbish as well as incidental expenses, including, but not limited to, the expenses and costs to the city in the inspection of lots, preparations of notices, specifications and contracts, and in inspecting work, the cost of printing, servicing and mailing required under this chapter in an amount to be set by resolution of the city council, per each occurrence of abatement.

• E. The city manager shall post a copy of the report and assessment list on a bulletin board near the entrance to the City Hall, together with the notice of the filing thereof, and the time and place where and when it will be submitted to the city council for hearing and confirmation. The finance director shall mail to the persons in the manner prescribed in this section, a notice in the format substantially as follows:

ASSESSMENT FOR DESTRUCTION OR REMOVAL OF WEEDS AND RUBBISH AND NOTICE OF HEARING THEREON.

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Susanville Municipal Code, Title 8 , Chapter 8.28 , the fire chief has performed weed or rubbish abatement by destroying or removing weeds or rubbish from the real property owned, occupied, rented, managed or controlled by you and from the portions of streets, alleys and sidewalks adjoining the same, which real property is described as follows:

(here insert description of real property sufficient for reasonable and ready identification)

The cost of said abatement proposed to be assessed against the said real property is $_____.

FURTHER NOTICE IS HERBY GIVEN that on _____, the ________day of , 20, at the hour of __________ p.m. in the Council Chambers of City Hall, of the City of Susanville, located at 66 North Lassen Street, Susanville, Lassen County, California, the report of the Finance Director on the cost of the weed or rubbish abatement and the assessment list thereof will be presented to the City Council for consideration, correction and confirmation and that at said time and place any and all persons interested in or having any objections to said report or list of proposed assessments, or to any matter or thing contained therein may appear and be heard. The failure to make any objection to said report and list shall be deemed a waiver of the same.

Upon confirmation of said assessment by the City Council, the amount thereof will be payable. In the event the same is not paid said assessment will be added to the tax bill for said property

ASSESSMENT FOR DESTRUCTION OR REMOVAL OF WEEDS AND RUBBISH AND NOTICE OF HEARING THEREON.

and thereafter shall become a lien on said property.

Dated: _____________

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City Manager of City of Susanville

(Ord. 19-1014 § 1, 2019)

Any person violating any of the provisions of this chapter shall be guilty of an infraction. (Prior code § 9.5; Ord. 06-928 § 1, 2006)

The methods of removing weeds, vines, shrubs, brush and/or debris from property as provided in this chapter shall not be an exclusive method, but shall be an alternative method, and such weeds, vines, shrubs, brush and/or debris may be removed from such property pursuant to the provisions of any law of the state or of any ordinance of the city applicable thereto. (Prior code § 9.6)