Tehachapi Municipal Code Ch. 8.32 Weeds and Rubbish

A. No person owning, leasing, occupying or having charge or possession of any lot, place or area within the city shall permit on such lot, place or area or upon any sidewalk area or parkway abutting the same, any weeds, grasses, rubbish or other material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity that may be growing, lying or located thereon.

B. In addition to the requirements of subsection A of this Section 8.32.010, no grasses, weeds, or other vegetation shall be growing above the surface of any lot, place or area or upon any sidewalk area or parkway abutting the same and all of same shall be cut and removed by June 15 of each year or such earlier date as may be determined by the city. The council finds that dried vegetation creates an extreme and severe fire hazard as more particularly evidenced by the fires resulting within the city in 2010 on properties containing such vegetation and as a result of the existence of such vegetation and the council hereby finds the eradication of same to be necessary for the health, safety, and welfare of its inhabitants.

(Ord. 88-11-555 §2(part), 1988)

(Ord. No. 11-01-707, § 1(a), 4-18-2011)

A. The yellow starthistle has been identified within the city and the surrounding areas as an invasive alien weed harmful to grazing lands, wildlife habitat, recreational areas, open space quality, property values and community enjoyment of the surroundings. The yellow starthistle spreads with remarkable speed from property to property if not properly contained and eradicated. The terms and provisions of this chapter for the abatement and eradication of weeds and rubbish shall apply to the abatement of the yellow starthistle and the city shall have each and every remedy described herein for abatement of same.

B. Any eradication or containment efforts on private property by the property owner of the yellow starthistle shall include spraying from a qualified applicator consultant and proof of same to the satisfaction of city before city will accept such eradication or containment efforts as adequate.

(Ord. 03-04-669 §1, 2003; Ord. 01-03-658 §1, 2001)

Except as otherwise described herein, whenever the owner, lessee, occupant or person ("responsible parties") having charge or possession of any lot, place or area within the city fails, neglects, or refuses to cut, destroy or remove the weeds, rubbish or other materials described in Section 8.32.010. A from the lot, place or area, it shall be the duty of the city's enforcement officers identified in Section 1.16.010.A or the city manager, public works director, police chief and fire chief, building inspector, community service officer, animal control officer and any other person delegated such authority by any of the above or those in Section 1.16.010.A ("enforcement official") shall give written notice of such failure to comply with the provisions of this chapter to the responsible parties as shown in the most recent records maintained by the city. The following procedures apply:

A. Notice to Abate. The notice to the responsible parties shall:

1. Identify the responsible parties for the weeds, rubbish or other materials described in Section 8.32.010.A.

2. Describe the location of the weeds, rubbish or other materials described in Section 8.32.010.A, and if possible, by identifying the assessor's parcel number, commonly used street address giving the name or number of the street, road or highway and the number, if any, of the location.

3. Contain a statement identifying the weed, rubbish or other materials described in Section 8.32.010.A and the work to be done to abate said weed, rubbish, or other materials.

4. Contain a notification that unless the work is done within ten days of the notice, the enforcement official will cause such work to be done and that the costs and expenses will be charged to and made a lien upon the property.

5. Advise the responsible parties that they have ten days from the date of the notice to appeal the notice to the office of the city manager and that the failure to appeal within ten days constitutes a waiver of their right to appeal.

Notwithstanding the foregoing, if a property is in violation of the requirements of Subsection B of Section 8.32.010, the city council hereby declares the situation arising therefrom as an emergency situation and no written notice to the owner is required.

B. Service. Whenever any document is required to be served under this Chapter, unless specifically provided otherwise, it may be served by any one of the following methods:

1. Personal service to the party at that party's last known address, but if no valid address that party can be determined, then by posting in a conspicuous place on the property upon which a violation of this Code exists.

2. For any parties that reside at, or occupy, the property upon which the at issue nuisance(s) exists, by posting in a conspicuous place on said property.

3. For any party registered with the Secretary of State, by certified mail to that party's agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any such party required to register with the Secretary of State that has not designated an agent for service of process with the Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.

4. By email to the party when an email address is provided by that party and service by email is agreed to by that party.

Service by mail shall be deemed effective upon deposit in the mail. Service by posting shall be deemed effective at the time of posting. The failure of any party, or any other person with a legal or equitable interest in the property upon which a violation of this Code exists, to receive any notice or administrative citation served in accordance with this section shall not affect the validity of the notice nor any proceeding conducted pursuant to that notice.

C. Appeal Procedures.

1. Any person issued a notice to abate may contest the validity of the existence of weeds, rubbish or other materials described in the notice by filing an appeal with the office of the city manager on a city-approved hearing request form within ten days from the date of service of the notice setting forth the grounds for the challenge to the notice. A hearing request form may be obtained from the Tehachapi Police Department or on the city's website, available for download. The request may be for an in-person hearing or a hearing by written declaration.

2. If an in-person hearing is requested, the city shall set the date and time for the administrative hearing before an assigned neutral hearing officer. The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least ten days prior to the date of the administrative hearing.

3. If a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission to the office of the city manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the validity of the existence of weeds, rubbish or other materials described in the notice and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.

4. The enforcement officer and/or relevant city departments may submit a written report concerning the validity of the existence of weeds, rubbish or other materials described in the notice to the hearing officer for consideration. If an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and person who sought the appeal. If a hearing by written declaration is requested, then the report may be submitted to the hearing officer within thirty days of the hearing request and served upon the hearing officer and person who sought the appeal.

5. Failure by any person issued a notice to timely and properly appeal a notice to abate as provided in this section shall constitute an admission by the person to the existence of the cited issues, an admission by the person to that party's liability for the cited issues, a waiver of the person's right to contest the notice, and a failure by the person to exhaust that person's administrative remedies. The notice shall be deemed final if no timely or proper appeal is made and the city may then abate the noted condition(s) as provided in the notice.

6. If a person to whom a notice is issued fails to timely and properly appeal a notice in accordance with this section, the city may withhold permits, licenses, and other approvals related to the property upon which the noted condition(s) in the notice exists until the noted condition(s) are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.

D. Administrative Hearing Procedures.

1. An in-person hearing before a hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that a timely and proper appeal is submitted in accordance with the provisions of this section. This timeframe may be extended by necessity by the city or the hearing office or by stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the notice, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer's decision.

2. If the person requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the person to the existence of the cited issues, an admission by the person to that party's liability for the cited issues, a waiver of the person's right to contest the notice, and a failure by the person to exhaust that person's administrative remedies. The notice shall be deemed final in such case.

3. If an in-person hearing is requested, the hearing officer may continue the hearing and/or request additional briefing or evidence from the enforcement officer or relevant city department or the person that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within thirty days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the hearing officer's decision.

4. If a hearing by written declaration is requested, the hearing officer shall review the person's written declaration(s) and the enforcement officer's and/or relevant city departments' report(s) within thirty days of receipt. Within those thirty days, the hearing officer may request additional briefing or evidence from the person and the enforcement officer and/or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within thirty days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the hearing officer's decision.

5. Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish the validity of the existence of weeds, rubbish or other materials described in the notice by a preponderance of the evidence. The notice, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The city may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.02.040.

E. Hearing Officer and Decision.

1. The city manager or his or her designee shall establish procedures for the selection of a hearing officer in accordance with this section. A hearing officer shall be a neutral third-party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer's compensation and costs shall be paid by the city. The hearing officer's compensation and/or employment shall not be directly or indirectly conditioned upon the outcome of the hearing.

2. Not later than thirty days after the date the administrative hearing concludes, or in the case of a hearing by written declaration, not later than thirty days after all necessary briefing and evidence is received, the hearing officer shall issue a written decision to uphold, modify, or dismiss the contested notice and order the abatement of the condition(s) described in the notice along with a deadline for when the abatement must be commenced and completed by the person who permits, allows, creates, maintains, or authorizes the creation or maintenance of said condition(s). Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the decision.

3. The decision shall set forth the reasons for the decision along with notice of the right to appeal and shall be served on the appealing person and the owner of the property subject to the notice, if not the appealing person, and the enforcement officer who issued the notice. The decision shall be final. Failure to receive the decision shall not invalidate the notice or the decision.

4. The final decision is subject to appeal under Code of Civil Procedure Section 1094.6 and the provisions thereunder. If a party fails to timely file a notice of appeal under Section 1094.6, the hearing officer's decision shall be final, that party's right to appeal shall be deemed waived and terminated, and the city may then abate any condition(s) noted in the notice.

(Ord. 88-11-555 §2(part), 1988)

(Ord. No. 11-01-707, § 1(b), 4-18-2011; Ord. No. 22-01-766, § 27, 1-18-2022)

If the work is not done within the time stated in the notice required by Section 8.32.020 and no proper and timely appeal is made, or after a hearing officer's decision order abatement is final, or if there is a violation of Subsection 8.32.01 B for which no notice is required, it shall be the duty of the city manager forthwith to proceed to have the work done and put the property in condition required by this chapter. The city clerk or his or her designee shall keep a record of the notices, and shall also keep a record of the work done on each lot, place or area and the cost of the work. The recording of costs of abatement shall be as follows:

A. The city clerk or his or her designee shall keep an account of the cost (including incidental expenses) of the abatement work done on each lot, place or area of land where the work is done, and shall serve an itemized report, in writing, showing the costs of abatement, on the owners of the property abated or owners of the adjacent property responsible for the condition(s) noted in the notice. The costs shall become a debt against said property. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed under the same procedures of Section 8.32.020, but relating to whether the costs in the statement of costs are reasonable.

B. "Costs of abatement" means any costs, including incidental expenses, incurred by the city to abate weeds, rubbish or other materials described in the notice, in which case, the city shall be entitled to recover all costs of abatement, staff costs, and administrative costs incurred by the city. "Incidental expenses" include, but are not limited to, the actual expenses and costs of the city in the preparation of the notices, specifications and contracts, in inspecting the work, and the costs of printing and mailing as required under this chapter.

C. Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk.

(Ord. 88-11-555 §2(part), 1988)

(Ord. No. 11-01-707, § 1(c), 4-18-2011; Ord. No. 22-01-766, § 28, 1-18-2022)

As soon as the work is completed under the provisions of Section 8.32.030, the city clerk shall render a statement showing the costs thereof, and the property charged, and if not paid by the owner prior thereto, the amount shall be charged to the owner of the property on the next regular city/county property tax bill forwarded to such owner and shall be collected at the same time and in the same manner as other city property taxes, and the amount shall be a lien against the property.

(Ord. 88-11-555 §2(part), 1988)

This chapter is not the exclusive regulation of weeds, rubbish and other materials described in Section 8.32.010 within the city. In addition to the remedies available to the city under this chapter, the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including, but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law. The city is authorized to file an action in a court of competent jurisdiction to enjoin any violation of this Code, including this chapter, or to collect the costs of abatement as defined in this chapter. In any such action, the city may collect its reasonable costs, including staff costs, abatement costs and other incidental costs incurred by the city.

(Ord. 88-11-555 §2(part), 1988)

(Ord. No. 22-01-766, § 29, 1-18-2022)

A. Any person who violates any provision of Section 8.32.010 of this chapter shall be guilty of a misdemeanor.

B. For each day that a violation exists, it shall constitute a separate offense.

(Ord. 05-03-678 §1(c), 2005)