Tustin Municipal Code Part 1 Weeds and Rubbish

No person, whether the same be the owner, agent or person in control of any lot, piece or parcel of land within the City, shall maintain such premises or allow the same to be maintained or permit the same to be maintained in a condition in which weeds, rubbish or any material exist on such premises which constitute a fire hazard or which may provide a refuge for rats or other vermin, or may produce pollen which is injurious to health, safety or welfare of residents of the vicinity, or which otherwise is dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity. The existence of any condition prohibited by this Chapter is declared to be a public nuisance. ;hn0; (TCC-1, Sec. 12-1/Ord. No. 155, Sec. 1.)

Whenever the Director of Community Development or his or her designee shall find that a condition prohibited by Section 4411 exists upon any lot, piece or parcel of land, or upon any street, alley, sidewalk or right-of-way abutting such lot, piece or parcel of land, the Director of Community Development shall give or cause to be given, in the manner provided in this Chapter, a notice to remove such weeds, rubbish or other material.

(TCC-1, Sec. 12-2/Ord. No. 155, Sec. 1.; Ord. No. 1366, Sec. 5, 11-17-09)

Notice to abate shall be given by posting in a conspicuous place upon or in front of the lot, piece or parcel of land on which or upon the street, alley, sidewalk or right-of-way adjacent to which such weeds, rubbish or other material may be. The notice shall be headed "Notice to Clean Premises" in letters not less than one inch in height, and the notice, in legible characters, shall direct the removal of weeds, rubbish or other material as the case may be, and refer to this Code for further particulars. Such notice shall be in substantially the following form:

NOTICE TO CLEAN PREMISES

Notice hereby is given that contrary to the provisions of the Code of the City of Tustin, California, noxious and dangerous weeds and/or rubbish, refuse, and dirt are existing upon or in front of the following described property: (give the address, or if posting a whole street, the name of the street). That they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse and dirt. Unless said removal is made within ten (10) calendar days from the date of this notice, the same shall be removed by the City, and the cost of the removal assessed upon the land from which, or in front of which, weeds, rubbish, refuse and dirt are removed, and such cost so assessed will constitute a lien upon such land until paid.

All persons having any objection to the proposed required removal may appeal to the City Council, in writing, within ten (10) calendar days from the date of this notice.

DATED: This _______ day of _______.

Director of Community Development, City of Tustin, California

(TCC-1, Sec. 12-3/Ord. No. 155, Sec. 1.; Ord. No. 1366, Sec. 6, 11-17-09)

As an alternate to the posting of notice, the notice to abate required by this Chapter may be given by personal service of a notice similar in substance, by serving the same upon the owner, agent, or person in control of such lot, piece, or parcel of land, or by mailing such notice by depositing such notice in the United States Mail, at Tustin, California, addressed to the owner of such lot, piece or parcel of land, at the address shown by the last equalized assessment roll.

The notice shall bear the date of posting, personal service, or mailing.

(TCC-1, Sec. 12-4; Ord. No. 155, Sec. 1)

Proof of the posting, serving in person or mailing of any notice, order, or determination provided for in this Chapter, shall be by affidavit of the person performing the duty and the affidavit must specify the time when the duty was performed. It shall be the duty of the Director of Community Development to keep such affidavits among the official records.

(TCC-1, Sec. 12-5; Ord. No. 155, Sec. 1.; Ord. No. 1366, Sec. 7, 11-17-09)

Within ten (10) calendar days from the date of the notice to abate, any person may appeal the determination of the Director of Community Development in accordance with Section 9294 of this Code.

(TCC-1, Sec. 12-6; Ord. No. 155, Sec. 1.; Ord. No. 1366, Sec. 8, 11-17-09)

Unless the weeds, rubbish or other material have been removed from the premises in question or from the street, alley, sidewalk or right-of-way abutting such premises as directed by written notice, the Director of Community Development thereupon shall cause the same to be removed and may enter upon private property for the purpose of so doing.

(TCC-1, Sec. 12-7; Ord. No. 155, Sec. 1; Ord. No. 1366, Sec. 9, 11-17-09)

a Assessment Procedure

The Director of Community Development shall keep or cause to be kept a permanent record showing the legal description, as shown on the last equalized assessment roll of the County, of each piece of property or lot from which, or the street, alley, sidewalk or right-of-way abutting such property from which, the weeds, rubbish or other material have been removed under the provisions of this Chapter, and such record book shall show any and all expense incurred by the City in the removal of the weeds, rubbish, or other material as such expense relates to each separate property ownership. Each entry in this record book shall be made upon the completion of work done on each piece of property or lot, or upon the street, alley, parkway, or sidewalk abutting thereon. After such entry has been made in the record book, the same shall constitute an assessment against the parcel of land and thereafter such assessment shall be confirmed by motion or resolution of the City Council and the assessment, after made and confirmed, and upon recordation of such order of the City Council confirming the assessment in the Office of the County Recorder of the County in which the property is situated, shall become a lien upon the parcel.

b Assessment Roll

The Director of Community Development Staff shall prepare and file with the County Assessor a certified copy of the motion or resolution of the City Council. The County Assessor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.

c Refund of Erroneous Collection

Any assessment or any portion of an assessment levied pursuant to the provisions of this Chapter which herefore or hereafter has been paid more than once, erroneously or illegally collected, paid in excess of the amount chargeable, was not chargeable to the person or the property paying the same under the provisions of this Chapter, by reason of a clerical error of the employees or officials of the City, may be refunded by order of the City Council in the same manner, to the same extent and under the same conditions as now or hereafter are provided by the City for refund of payments of general taxes, at any time after the amount of the assessment has been delivered to the County Assessor and entered upon the assessment books. The owner of any property assessed who may claim that the assessment is void in whole or in part may pay the same under protest. Such protest shall be in writing, shall be received by the City Clerk on or before March first after the tax became due and payable, and shall specify whether the whole or any part of the assessment is void and the grounds upon which such claim is founded. Such owner after such payment may recover the same in the manner and under the conditions provided in Section 39585 of the State Government Code.

(Ord. 720; TCC-1, Sec. 12-12; Ord. No. 155, Sec. 1; Ord. No. 1366, Sec. 10, 11-17-09)