Tracy Municipal Code Art. 6 Removal of Weeds and Refuse

For the purposes of this Article, certain words and phrases used herein are defined as follows:

(a) "Weeds" shall mean weeds and wild grasses which, when mature, bear wingy or downy seeds, such as those commonly known as foxtails, tumbleweeds, devil thorn, horehound, and gourd vines, and other weeds and wild grasses which attain such a large growth as to become a fire menace when dry or which are otherwise noxious or dangerous.

(b) "Rubbish" shall mean waste or rejected matter, including discarded or abandoned household appliances, nonoutdoor furniture, automobiles, and other debris.

(c) "Refuse" shall mean any dregs, leavings, or worthless matter, including garden refuse and building materials' refuse.

(d) "Flammable material" shall mean any combustible material which has been discarded.

(Ord. 1082 § 2, 2005; prior code § 4-3.701)

It is hereby found and expressly declared that the existence of weeds, rubbish, refuse, and flammable material in, upon, or in front of any vacant lot or other property on any street, parkway, sidewalk, or alley in the City is a public nuisance and dangerous to the public health and safety of the inhabitants of the City.

(Prior code § 4-3.702)

(a) The accumulation of rubbish and refuse, which creates filth, shall be prohibited. No owner, lessee, agent, or occupant of any lot or parcel of land upon which a building of any kind may exist or any vacant lot or parcel of land shall allow any accumulation of refuse or solid waste matter of any kind or description to remain on a lot or parcel of land for longer than seven (7) days.

(b) This section may be enforced by any one or more of the methods set forth in this Article and in Section 1.16.010 of this Code.

(c) City of Tracy Police Officers and designees of the City Manager who have satisfactorily completed a course in the "Powers of Arrest" or equivalent may issue infraction and/or administrative citations for violations of this section.

(Ord. 1082 § 1, 2005)

It is hereby found and declared that the existence of any farm crops, which will attain such growth as to become a fire menace when dry, in, upon, or in front of any property within ten (10′) feet of any street or traveled portion of any public right-of-way, or within ten (10′) feet of any adjacent property being used for other than agricultural purposes, is a public nuisance and dangerous to the public health and safety of the inhabitants of the City.

(Prior code § 4-3.703)

Upon the failure of any property owner to destroy and remove, or cause to destroy and remove, such weeds, rubbish, debris, refuse, or flammable materials declared public nuisances by the provisions of this article, the Fire Chief shall cause to be mailed by certified mail to such property owner a written notice, describing the property upon which such nuisance exists by map, page, and tax account number as shown on the latest tax assessment rolls available from the office of the County Assessor, and notice of a public hearing by the Council when objections to the declaration of the public nuisance will be heard. Such notice shall order the property owner to abate any such nuisance within twenty (20) days after the date the notice is mailed. Such notice shall be mailed at least five (5) days prior to the time for hearing the objections by the Council. Such address shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The failure or refusal of any person to receive such notice shall not affect the validity of any proceedings pursuant to the provisions of this Article.

(Prior code § 4-3.704)

At the time stated in the notice, the Council shall hear and consider any and all objections to the proposed abatement. The hearing may be continued from time to time. By motion or resolution the Council shall allow or overrule any objections. At that time the Council shall acquire jurisdiction to proceed and perform the abatement of the nuisance. The decision of the Council shall be final. After having disposed of any objections, the Council shall, by motion or resolution, order the abatement of the nuisance.

(Prior code § 4-3.705)

In the event any property owner fails, refuses, or neglects within a period of twenty (20) days to remove any such thing declared by the provisions of this Article to be a public nuisance, the City may cause such work of removal to be done. Any property owner may abate the nuisance at his own expense prior to abatement by the City.

(Prior code § 4-3.706)

It shall be unlawful for any owner, agent, lessee, or person having charge of or occupying any such lot or premises to refuse to permit representatives of the City to enter upon any property, during daylight hours, where any such nuisance is reasonably believed to exist for the purpose of inspection and, where such nuisance exists, for the purpose of abating the nuisance as provided in this Article, or to interfere with such representatives in any manner whatsoever in the removal of such nuisance.

(Prior code § 4-3.707)

The City shall keep, or cause to have kept, an account of the abatement for each lot or parcel of land where abatement has been done, or caused to be done, by the City. Upon the completion of the abatement, the Fire Chief shall notify in writing the owner of the property of the cost of such abatement. The notice shall be mailed at least five (5) days prior to the public hearing of the Council when the Council shall consider a report of the costs for the abatement and the objections of the property owners liable to be assessed for the abatement. The Council may modify the report and then shall confirm it by motion or resolution. The decision of the Council shall be final.

(Prior code § 4-3.708)

The owner of the property upon which the assessment was made shall be billed by the Finance Department immediately after the confirmation of the report of the costs of the abatement by the Council and shall be allowed one calendar month after the billing date to pay the full cost and expense of the abatement performed by the City on his property or properties.

(Prior code § 4-3.709)

After August 1, but before August 10, of each year, the Director of Finance shall file with the Tax Collector and Auditor of the County a copy of a report of all unpaid assessments made for abating the public nuisances described in this Article. Such report shall indicate the amount of the assessment, the name of the property owner, the tax account code number of the lot or parcel in question, and other information as may be required by the County. Whenever an assessment becomes delinquent between August 10 of one year and July 1 of the following year and therefore cannot be placed on the tax roll immediately, an order confirming the assessment shall be filed with the County Recorder in order to establish a lien on the property until the claim can be filed with the County Auditor in the following August 1 through August 10 period.

(Prior code § 4-3.710)