Vallejo Municipal Code Ch. 7.60 Litter

This chapter shall be known and may be cited as the "Vallejo Anti-litter Ordinance."

(Ord. 567 N.C. (2d) § 1, 1980; Ord. 301 N.C. (2d) § 2, 1975: Ord. 780 N.C. § 1, 1967.)

For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the content, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

A. "Aircraft" is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" includes helicopters and lighter-than-air dirigibles and balloons.

B. "Authorized private receptacle" is a litter storage and collection receptacle as required and authorized in the refuse collection system ordinance. (See Section 7.44.020 of this title.)

C. "City" is the city of Vallejo.

D. "Commercial handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:

1. Which advertises for sale any merchandise, product, commodity, or thing;

2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;

3. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of this city; or

4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

E. "Enforcement officer" means and includes any official or officials duly appointed by the manager of the city.

F. "Garbage" is putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

G. "Litter" is "garbage," "refuse," "rubbish" and "weeds" as defined in this section, and all other waste material.

H. "Newspaper" is any newspaper of general circulation as defined by genes law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by genes law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

I. "Noncommercial handbill" is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any oar printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

J. "Park" is a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

K. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind.

L. "Person in control of private property" means any person owning, occupying, renting, managing or controlling real property, whether improved or unimproved, and including the portion of streets adjoining such real property to the centerline thereof.

M. "Private premises" is any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

N. "Public place" is any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public parks, squares, spaces, grounds, and buildings.

O. "Refuse" is all putrescible and nonputrescible solid wastes including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

P. "Rubbish" is nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

Q. "Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon station rails or tracks.

R. "Street" includes a public street, alley, lane, court, parkway, driveway, sidewalk and the area between a sidewalk and curb.

S. "Weeds" includes any of the following:

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

2. Sagebrush, chaparral, or any other brush, shrubs, vines or weeds which attain such large growth as to become, when dry, a fire menace;

3. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

4. Dry gas, stubble, brush, shrubs, vines, dead or diseased trees, or the branches or roots thereof, or other flammable material which endangers the public safety by creating a fire hazard; and

5. Weeds, brush, grass, shrubs, vines and dead or diseased trees, or the branches or roots thereof, which are otherwise noxious or dangerous, or a menace to the public health.

(Ord. 301 N.C. (2d) §§ 4—8, 1975; Ord. 780 N.C. § 2, 1967.)

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection or in lawfully established dumping grounds.

(Ord. 780 N.C. § 3, 1967.)

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

(Ord. 780 N.C. § 4, 1967.)

No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

(Ord. 780 N.C. § 5, 1967.)

No person owning or occupying a place of business shall sweep or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter.

(Ord. 780 N.C. § 6, 1967.)

No person, whether a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property.

(Ord. 780 N.C. § 7, 1967.)

No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

(Ord. 780 N.C. § 8, 1967.)

No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

(Ord. 780 N.C. § 9, 1967.)

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city.

(Ord. 780 N.C. § 10, 1967.)

No person shall throw, scatter, cast, place, or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city; provided, however, that it is not unlawful for any person to hand out or distribute any commercial or noncommercial handbill in any public place directly to any person willing to accept such handbill.

(Ord. 142 N.C. (2d) § 1, 1973: Ord. 780 N.C. § 11, 1967.)

No person shall throw, scatter, cast, place, or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it is not unlawful for any person to hand, transmit, or distribute any commercial or noncommercial handbill directly to the owner or other occupant of such vehicle, who is willing to accept the same, or to place such handbill under the windshield wiper or otherwise secure or place such handbill without doing any damage to such vehicle in a manner which will prevent it from being blown or drifted about said vehicle, or elsewhere.

(Ord. 142 N.C. (2d) § 2, 1973: Ord. 780 N.C. § 12, 1967.)

A. No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or to have their right of privacy disturbed, or to have any such handbills left upon such premises; provided, however, that in case of inhabited private premises which are not posted as provided above, a person, unless requested by a person upon such premises not to do so, may place or deposit any such handbill in or upon such premises, if such handbill is so placed or deposited as to secure or prevent such handbill without doing any damage to the premises from being blown or drifted about said premises, or elsewhere.

B. Exemption for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United states, nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, side-walk or other public place or upon private property.

(Ord. 14, N.C. (2d) § 3, 1973; Ord. 780 N.C. §§ 13, 13.01, 1967.)

No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object.

(Ord. 780 N.C. § 14, 1967.)

No person shy throw or deposit litter on any occupied private property within the city.

(Ord. 780 N.C. § 15, 1967.)

The owner or person in control of any private property shall at all times maintain the premises free of litter which tends to create a danger to public health, safety or welfare. Provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

(Ord. 780 N.C. § 16, 1967.)

No person shall throw or deposit litter on any open or vacant private property within the city.

(Ord. 780 N.C. § 17, 1967.)

A. If the owner or person in control of private property in the city fails to remove therefrom all litter which is located on the property and which is dangerous to the public health, safety or welfare, or which is offensive to the senses, or otherwise creates a blight on the property or the surrounding neighborhood, it shall be the duty of the enforcement officer to notify such person or persons to remove the same and to provide such person or persons an estimated cost for the city or its contractors to remove the litter from the property. The notice shall further state that if litter is removed from the private property of the owner or person in control thereof pursuant to this chapter, and within six months of such removal, litter is again found on the same private party, the private property shall be posted with a written notice to abate in the manner specified in Section 7.60.190(B), and if the litter is not removed within ten days of the posting of the notice, the enforcement officer shall proceed to have the litter removed in accordance with the provisions of Chapter 7.60 of this code and the owner or person in control of the private property shall be liable for all costs, fees and charges as provided in Chapter 7.60. No other notice to the property owner or person in control of the private property is required.

B. The notice shall be sent by certified or registered mail and shall be deposited in the United States Post Office at Vallejo, California, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the real property in the most current equalized assessment roll of Solano County, including updated computer printouts, available to the enforcement officer at the time notice is prepared at his or their last known place of address as shown therein.

C. If no address is therein shown and none is otherwise available to the enforcement officer, then the notice shall be securely affixed to the real property at such a location thereon as to be most likely observed by any person entering the property. Service of notice by posting the property shall be deemed complete for purposes of this chapter ten days after the notice is actually affixed to the property.

D. In any instance where mailed notice is returned by the postal service undelivered because the person is not at that address and the enforcement officer has no further information as to a current mailing address for that person, the enforcement officer shall accomplish service of notice by posting the property in the manner prescribed hereinabove.

E. As an alternative to the above described methods of service, the notice may be served by personal delivery of a copy of the notice to the person to be served. Service of a notice in this manner is deemed complete at the time of such delivery.

F. The notice shall contain a description of the property, and such description may be the number of the lot and block and the name of the map, tract or subdivision in which the real property lies, or may be the street and number thereof, or may be any other description by which the property may be reasonably and readily identified. One or more lots or blocks of land may be described in the same notice.

G. When the litter to be abated and removed is an abandoned vehicle, the enforcement officer shall follow the notice procedures as provided in Chapter 7.64.

(Ord. 1079 N.C. (2d) § 1, 1990; Ord. 1014 N.C. (2d) § 2, 1989; Ord. 686 N.C. (2d) § 3, 1983: Ord. 567 N.C. (2d) 3, 1980: Ord. 780 N.C. § 18.01, 1967.)

A. If the owner or person in control of the real property in the city fails to remove litter in accordance with the notice given pursuant to the provisions of Section 7.60.180 within ten days after the service of such notice, it shall be the duty of the enforcement officer, his assistants, employees, contracting agents or other representatives of the city, to remove such litter and they, and each of them, are expressly authorized to enter upon private property for such purpose and it shall be unlawful for any person to interfere, hinder or refuse to allow them to enter upon private property for such purpose and to remove litter 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 remove litter or have the same removed at his own expense at any time prior to the arrival of the enforcement officer or his authorized representatives for such purpose.

B. If litter has once been removed from private property pursuant to this chapter, and within six months of such removal, litter is again found on the same private property, it shall be the duty of the enforcement officer to notify in writing the owner or person in control of the private party to remove the same within ten days after service of the notice. Such notice may be served by securely affixing the written notice to the private property at such a location thereon as to most likely be observed by any person entering the property. Service of notice in this manner shall be deemed complete for purpose of this section ten days after the notice is actually affixed to the property. The notice shall also contain an estimate for the city, or its contractor, to move the litter. If the litter is not removed within the time allotted in the notice, the enforcement officer shall then proceed to have such litter removed in accordance with the provisions of this chapter.

(Ord. 1079 N.C. (2d) § 2, 1990: Ord. 780 N.C. § 18.02, 1967.)

A. The enforcement officer shall promptly report in writing to the tax collector the cost of removal of litter which was done at the expense of the city, the dates same was done, the name of the owner or owners and a description of the parcel or parcels upon which the litter abatement work was done, their mailing address, and any other formation deemed pertinent.

B. Upon receipt of the report, the tax collector shall immediately bill the person or persons responsible for payment of the cost of the litter abatement work, together with an administrative charge as set by a resolution of the city council on file in the city clerk's office, stating the billing is due and payable within thirty days of its date, and if not paid within that time the amount thereof may become a lien on the property upon which the litter abatement work was performed and may be collected with taxes assessed on the secured tax roll of Solano County.

C. The tax collector shall keep an account of the costs, including administrative charges, incurred by the city to remove litter as aforesaid for each separate lot or parcel of land and shall embody the account in a report and assessment list made to the city council, which report shall be filed with the city clerk. Such report shall refer to each separate lot or parcel of land by description reasonably sufficient to identify the same, together with the expenses, including administrative charges, proposed to be assessed against it. The report and assessment list need not contain any reference to lots or parcels of land upon which litter abatement work has been done at the expense of the city if the cost thereof has been paid to the city prior to the preparation of the report and assessment list.

(Ord. 1079 N.C. (2d) 3, 1990; Ord. 686 N.C. (2d) § 4 (part), 1983: Ord. 567 N.C. (2d) § 4, 1980: Ord. 780 N.C. § 18.03, 1967.)

A. The city clerk shall post a copy of the tax collector's report and assessment list on the bulletin board near the entrance to the City Hall, together with notice of the filing thereof and the time and place when and where it will be submitted to the City Council for hearing and confirmation. The tax collector shall mail to the person or persons whose property is mentioned in the report and assessment list and in the manner prescribed in Section 7.60.180 a notice in form substantially as follows:

ASSESSMENT FOR REMOVAL OF LITTER AND NOTICE OF HEARING TO CONFIRM ASSESSMENT

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 7.60 of the Vallejo Municipal Code, the enforcement officer of the city of Vallejo has removed litter from the real property owned, occupied, rented, managed or controlled by you, which real property and the cost of said abatement work are as described and set forth on the enclosed billing.

NOTICE IS HEREBY FURTHER GIVEN that on _______, the _______ day of _______, 19;yrrule, at the hour of _______, or as soon thereafter as the matter can be heard, at _______, the report of the Tax Collector on the cost of removal of litter 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. Failure to make any objection or protest 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 due and payable. In the event the same is not paid within fifteen (15) days following confirmation, said assessment along with an additional fee, as set by resolution of the City Council on file with the City Clerk's office will be added to the secured prosy tax roll of Solano County and thereafter shall become a lien on said property.

If you have any questions or want additional information regarding this matter, please contact the Fire Prevention Division at 703 Curtola Parkway, Vallejo, California, phone (707) 648-4565.

DATED:___________

TAX COLLECTOR, City of

Vallejo, California

B. The posting of the tax collector's report and assessment list and the mailing of notice to property owners as above provided for shall be done at least ten days before the date of the hearing scheduled before the city council.

C. In every instance where litter abatement work has been performed at the expense of the city and a billing therefor has been rendered and is past due as of June 1st in any calendar year; the hearing for confirmation thereof shall be had by June 30th of the same calendar year; if the same is past due as of December 1st of any calendar year, the hearing for confirmation thereof shall be had by December 30th of the same calendar year.

(Ord. 1079 N.C. (2d) § 4, 1990; Ord. 686 N.C. (2d) § 4 (part), 1983: Ord 567 N.C. (2d) § 5, 1980: Ord. 780 N.C. § 18.04, 1967.)

At the time and place fixed for receiving and considering the tax collector's report and assessment list, the city council shall hear the same together with any protests or objections which may be raised or lodged by property owners or other interested persons. Upon the conclusion of such hearing, the city council shall make such corrections or modifications in any proposed assessment or assessments which it may deem to be excessive or otherwise incorrect after which such assessment or assessments shall be confirmed by resolution adopted by the council. The council may delete from the report and cancel any proposed assessment found improper or unjustified. The confirmation of the tax collector's report and assessment list with such corrections, modifications or deletions found proper by the council, shall be final and conclusive.

(Ord. 567 N.C. (2d) § 6, 1980: Ord. 780 N.C. § 18.05, 1967.)

A. It shall be permissible for any person to pay the amount of such assessment that has been imposed for the removal of litter within fifteen days following the date of adoption of the council resolution confirming the assessment. If the assessment is not paid on or before such date, the total amount thereof shall be entered on the next succeeding fiscal year's secured tax roll of Solano County for that property, and the assessment shall thereupon become a lien against the property, and the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. The lien of the assessment shall have the priority of the taxes with which it is collected. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.

B. Further, if the assessment is not paid within fifteen days following the date of adoption of the council resolution confirming it, the enforcement officer may prepare and cause to be recorded in the office of the county recorder a notice of lien, which shall be in form approved by the city attorney, and from the time of recording the notice of lien, the amount of the assessment shall be and constitute a lien upon the property having the force and effect of a judgment lien until released and discharged, or otherwise extinguished in the manner provided by law. When the assessment is paid, the enforcement officer shall promptly deliver to the person or persons entitled thereto a release of lien, which shall be in form approved by the city attorney, which may be recorded by such person or persons to extinguish the lien on the property.

(Ord. 567 N.C. (2d) § 7, 1980: Ord. 780 N.C. § 18.06, 1967.)

If any real property to which the lien provided for in Section 7.60.230A would have attached has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes levied for municipal purposes would become delinquent, then the lien which would otherwise be imposed by this chapter shall not attach to such real property, and the costs of abatement as confirmed relating to such property shall be transferred to the unsecured tax roll for collection. In such event, the city may notify the appropriate county officials that it will undertake collection of the amount owing from the property owner or owners at the time the abatement work was actually performed utilizing collection procedures applied with respect to other unsecured obligations due the city.

(Ord. 567 N.C. (2d) § 8, 1980: Ord. 780 N.C. § 18.07. 1967.)

The city council may designate a hearing board to perform any of the functions of the city council set forth in Chapter 7.60 of this code.

(Ord. 1079 N.C. (2d) § 5, 1990.)