Taft Municipal Code Ch. 5 Abatement of Weeds and Debris

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

(B) The term "weeds" shall include:

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

2. Sagebrush 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; and

4. Dry grasses, stubble, brush, dead shrubs, dead trees, litter, or other flammable material which endangers the public safety by creating a fire hazard. (Ord. 511, 9-3-1985; amd. Ord. 852-23, 7-18-2023)

(A) Waste material" is unused or discarded material 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 consists, without limitation or exclusion by enumeration, or such matter and material as:

1. Rubble, asphalt, concrete, plaster, tile;

2. Rubbish, crates, cartons, metal, and glass containers.

(B) Waste material which, by reason of its location and character, is unsightly and interferes with the reasonable enjoyment of property by neighbors or would materially hamper or interfere with the suppression or prevention of a fire upon the premises, or the abatement of a nuisance as defined by section 3-5-1 is also a public nuisance. (Ord. 511, 9-3-1985; amd. Ord. 852-23, 7-18-2023)

The abatement of each nuisance described in this chapter shall be accomplished by complete removal of all weeds and waste material to which reference is made in sections 3-5-1 and 3-5-2 of this chapter. The enforcement officer, as defined in section 1-3-3 at his discretion, at his discretion may determine and direct the method and manner of abatement of the nuisance. (Ord. 511, 9-3-1985; amd. Ord. 852-23, 7-18-2023)

It shall be the duty of every property owner to abate any public nuisance as described in this chapter upon his private property and upon the abutting half of the street and/or alley, and between the sidelines thereof as extended. The word "street" as used in this section shall be deemed to include the sidewalk and parkway space thereof. (Ord. 511, 9-3-1985; amd. Ord. 852-23, 7-18-2023)

Whenever any such weeds or waste material are growing or existing upon any private property or on the abutting half of any street, sidewalk space, and/or alley within the City, it shall be the duty of the enforcement officer to notify the owner of the property upon which the nuisance exists, and inform the owner that unless the nuisance is abated without delay, the work of abating such nuisance will be done by the City, and the expense thereof assessed upon the abated lots and lands. (Ord. 511, 9-3-1985; amd. Ord. 852-23, 7-18-2023)

The notice to be sent by the enforcement officer shall be substantially in the following form:

NOTICE TO CLEAN PREMISES

NOTICE IS HEREBY GIVEN, under the provisions of title III, chapter 5 of the City of Taft 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 Taft 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 nuisances are required to be abated within ten (10) days from the date of this notice. If not abated by destruction and removal on or before such time, the City of Taft will abate the public nuisance or cause the same to be abated, in which case the costs thereof will be assessed against the land via lien or special assessment as provided in title III, chapter 5 of the Taft City Code.

YOU ARE FURTHER NOTIFIED that you may request a hearing to show cause, if any, why said nuisance should not be found to exist and the same ordered abated.

DATED:__________________________

_________________________________

Enforcement officer of the City of Taft

(Ord. 511, 9-3-1985; amd. Ord. 852-23, 7-18-2023)

(A) The enforcement officer shall mail a copy of the notice to abate 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 enforcement officer, 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 appear 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 failure of any property owner to receive such notice shall not deprive the City to proceed, or affect in any manner the validity of the proceedings taken or to be taken to abate the nuisance or any assessment of costs for the abatement levied under this chapter. (Ord. 511, 9-3-1985; amd. Ord. 852-23, 7-18-2023)

(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 enforcement officer or the entering of a contract by the enforcement officer to do the work; provided in all cases the work shall be done to the satisfaction of the enforcement officer.

(B) It is unlawful for any property owner or other person to burn, or attempt to burn, any such weeds or waste material without first obtaining written permission, permit, or other approval to do so from the City, Kern County Fire Department, or other governing jurisdiction and showing satisfactory evidence of said permission to the City. (Ord. 852-23, 7-18-2023)

(A) When the work is done or caused to be done by the enforcement officer, he shall keep an account of the cost of abating such nuisances, including any administrative charge set by resolution of the City Council and apportioned by the enforcement officer as the case may be, upon any separate lot or parcel of land and in front and alley, if any, in the rear thereof between the sidelines of such lot as extended. The accounting 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.

(B) All costs of abatement shall be recovered in accordance with sections 3-4-19 through 3-4-21, including the scope of costs recoverable by the City, the statement of the costs of abatement to be provided to the responsible parties, hearing rights to contest the reasonableness of the costs incurred by the City for abatement, and lien and special assessment procedure. (Ord. 852-23, 7-18-2023)

Any owner of property issued a notice to abate under this chapter, may request a hearing to show cause why said nuisance should not be found to exist and the same ordered abated. Such request must be made within ten (10) days of the date of the notice to abate. All other processes for the hearing, including how to submit a request for a hearing, the notice for the hearing, procedures for the hearing, and decision for the hearing, shall be as provided in sections 3-4-14 and 3-4-16. (Ord. 852-23, 7-18-2023)

At no cost to the City, the owner shall comply with all of the provisions of any final abatement order. If such persons fail, for any reason, to comply with a final abatement order within the time required in the order, the city manager, or his or her designee, may cause the nuisance described in the abatement order to be abated by City forces or by private contractor. The City is authorized to take such action as needed to gain entry upon the property where the violations of law exists for purposes of abating those violations. The City may seek a civil abatement warrant through a court of competent jurisdiction. (Ord. 852-23, 7-18-2023)

Notwithstanding any other provision of this code, whenever the enforcement officer determines that a nuisance, as defined in this chapter, or in any other applicable law, exists, and that such nuisance constitutes an immediate threat, hazard or danger to persons or property, the enforcement officer without observing the procedures set forth in this chapter with reference to nuisance abatement, may forthwith immediately cause the abatement of such nuisance in such manner as the enforcement officer determines is reasonably required. If the enforcement officer deems it feasible, the enforcement officer shall attempt to give the owner and any occupants verbal notice of the existence of the nuisance, and the proposed timing and method of abatement thereof. The code enforcement officer shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the nuisance was located, the place or area upon which the nuisance was abated by the City, and the cost of the abatement. Such notification shall be given in the same manner described in subsection 1-3-4(C) for service of administrative citations and conspicuously posted on the property containing the abated nuisance. The City may recover the costs of abatement as set forth in this chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction. (Ord. 852-23, 7-18-2023)

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances. (Ord. 852-23, 7-18-2023)

All judicial and other remedies provided for in section 3-4-23 apply to this chapter, unless otherwise prohibited by law. (Ord. 852-23, 7-18-2023)