Vernon Municipal Code Ch. 8.24 Weed and Rubbish Abatement

For the purposes of this chapter, the following definitions shall apply:

"Accumulated dirt"

means any artificial accumulation of earth of a size, shape, or composition to constitute a harborage or a hazard to public health or safety.

"Building,"

unless it is apparent from the context that another meaning is intended, means a "structure," and the words "building" and "structure" mean any construction, the arrangement of which may affect the health, safety, or general welfare of humans.

"Combustible rubbish"

means paper, rags, packing materials, cartons, boxes, sawdust, wood shavings, scrap lumber, scrap trimmings, and other waste materials of combustible nature.

"Garbage"

means all animal and vegetable waste matter resulting from the preparation, consumption, storing, processing, manufacturing or distribution of food, animal feed, or other animal or vegetable matter.

"Incidental expenses"

means administrative overhead, the cost of printing, advertising, and/or posting provided for in this chapter, the compensation of the person appointed by the City to take charge of and supervise any of the work authorized under this chapter, the expenses of preparing and typing the resolutions, notices and other papers, and hearings and other proceedings for such work and any other expenses incidental to the completion and inspection of the work.

"Noncombustible rubbish"

means broken crockery, glass, ashes, cinders, bottles, cans, wire and other discarded objects of metal and glass, and other waste materials of a noncombustible and nonputrescible nature.

"Possess"

means control, own, lease, occupy, possess, or have charge over.

"Premises"

means any land, place, building, site, facility, or location.

"Public nuisance"

means dangerous, injurious, offensive, or deleterious to neighboring property, to the public, or to the public welfare.

"Public street"

means any public street, way, place, alley, sidewalk, park, square, plaza or any other similar public property owned or controlled by the City or dedicated to the public for street or public purposes.

"Weeds"

means any plants which bear seeds that are disseminated by the wind, any brush or plants that attain such large growth as to become, when dry, a fire menace to adjacent improved property; plants that are otherwise noxious or dangerous; and dry grass, brush, or other flammable material which endangers the public safety by creating a fire hazard.

(Prior code § 7.20)

A. No person owning, managing, or having control or charge or occupancy of any premises within the City, shall permit weeds, rubbish, garbage, or accumulated dirt, of any kind, to remain upon the premises or in the area between the property line and the curbline of any public street or upon any public street abutting such private property.

B. All weeds, rubbish, garbage and accumulated dirt of any kind on private property or in the area between the property line and the curbline of a public street, or on a public street in the City, shall constitute a public nuisance.

(Prior code § 7.21)

If weeds, rubbish, garbage, or accumulated dirt are growing, located, or existing upon private property, or in the area between the property line and the curbline of any public street, or upon a public street abutting such private property within the City in violation of the provisions of this chapter or of any other provisions of this Code, the City shall give, or cause to be given, notice in the manner and in the form specified in this chapter requiring the abatement of such public nuisance.

(Prior code § 7.22)

No person shall maintain any bush, hedge, or tree upon private property or between the property line and the curb of any public street which interferes or obstructs the passage of pedestrians or vehicles along a sidewalk or a public street, or which covers any City street sign, or which obscures the vision of any vehicle driver at an intersection. The City shall give, or cause to be given, notice in the manner and substantially in the form for other public nuisances specified in this chapter and shall require the abatement of such interference or obstruction by trimming or removing such bush, hedge, or tree and stating that unless such nuisance be abated, the obstruction or interference will be abated by the City and the expense thereof assessed upon the private property from or on which such obstruction or interference was abated.

(Prior code § 7.23)

This chapter shall not require any person to maintain trees, including the basins around the trees, planted in accordance with the Vernon City Street Tree Plan.

(Prior code § 7.24)

In order to abate a public nuisance pursuant to this chapter, notice shall be given in substantially the following form:

(Prior code § 7.25)

Such notice shall be given in the manner set forth in this section:

A. Such notice or notices shall be posted in a conspicuous place on or in front of the property upon which or from which such nuisance exists, as follows:

1. One notice shall be posted on or in front of each separately owned parcel;

2. Not more than two notices shall be posted on or in front of any parcel having a frontage of more than 50 feet and not more than 100 feet;

3. If the frontage of any parcel is greater than 100 feet, notices should be placed at intervals of not more than 100 feet.

B. As an alternative to posting such notice or notices as prescribed in subsection A, similar notices may be mailed by the United States mail to the owner(s) and to the occupant(s) of the subject property as shown upon any City record, or upon the last equalized assessment roll or at the last known address or addresses, whichever the City Clerk shall determine to be the best means of serving notice upon the actual owner and tenant. The addresses of the owner and tenant shown upon such records shall be conclusively deemed to be the proper address for the purpose of mailing such notices. The failure of the owner(s) to receive such notices shall not affect the power of the City or of its officers or employees to proceed as provided in this chapter. Such notice(s) shall be mailed not less than 10 days prior to the date set for a hearing upon objections as provided in the notice.

(Prior code § 7.26)

A. At the time and place stated in the notice, the City Council shall hear and consider any and all objections to the proposed abatement of the nuisance. The City Council may continue the hearing from time to time. At the conclusion of the hearing or within a reasonable time thereafter, the City Council shall render its decision as to whether a public nuisance exists. If it finds such a condition to exist, it shall overrule any or all objections and shall direct that the nuisance be abated. If it finds no such condition to exist, it shall sustain such objections.

B. The decision of the City Council shall be final and conclusive.

(Prior code § 7.27)

A. The City Administrator, or designee, is authorized and directed to abate any and all such nuisances:

1. When no written objections have been filed with the office of the City Clerk within 10 days after the posting and/or mailing of the notice, or

2. When the City Council has so directed.

B. Any person owning, managing or having control, charge or occupancy of any such property, shall have the right to destroy or remove such weeds, rubbish, garbage, and accumulated dirt or to have the same destroyed or removed, prior to the arrival of the City employees or contractor; provided that any costs incurred by the City including investigation, boundary determination, measurement, clerical, contractual, and other incidental costs may be assessed and a lien imposed on such private property. It shall, however, be unlawful for any such person to burn any such weeds, rubbish, or garbage without first having obtained a written permit to do so from the chief of the fire department and without complying with all State and local regulations governing such burning, including those of the air quality management district.

(Prior code § 7.28)

Abatement of the nuisance may, in the discretion of the City Council, be performed by private contract. In such event, the contractor shall keep the account and submit to the City an itemized written record of abatement for each separate parcel of land.

(Prior code § 7.29)

The City shall keep an account of the cost of abatement, including incidental expenses, on private property or in the area between the property line and the curbline of the public street, or upon the public street abutting such private property.

(Prior code § 7.30)

A. By no later than April 15th of each and every fiscal year in which such abatement work is performed by the City, an itemized written report showing such cost shall be prepared and submitted to the City Council for confirmation. Any such report shall be entitled "Agency Lien List" and shall include an itemization of costs for any number of separate lots or parcels, in which event such report shall refer to each separate lot or parcel by a description sufficient to identify it and shall specify the costs proposed to be assessed on each such separate lot or parcel of land. The descriptions of the parcels reported shall include those descriptions used for the same parcel on the County Assessor's map books for the current year.

B. The City Council shall set the matter for hearing to be held prior to April 15th of each such year to determine the correctness and/or reasonableness of such costs.

(Prior code § 7.31)

A copy of the itemized written report shall be transmitted to the Director of Finance. The Director of Finance shall mail to each person to whom a lot or parcel of land is to be assessed at the last known address of such person as shown in the City records a statement of the proposed assessment against any such lot or parcel of land under the provisions of this Code. Such mailings shall be made not later than 10 days prior to the time set for the City Council hearing to confirm such assessments and shall include a notice of the time and place for which the hearing has been set. Failure of any record owner to receive any such mailed notice and statement shall not affect the validity of any proceedings under this Code.

(Prior code § 7.32)

There being no newspaper of general circulation printed, published or circulated in the City of Vernon, the City Clerk shall post or cause to be posted a copy of the foregoing report and assessment list, together with a notice of the time and place of the hearing upon the confirmation of such report and assessments, notifying property owners that they may appear at such hearing and object to any matter contained therein. Such report, assessment list and notice shall be posted in three of the most public places in the City, to wit: at the northwest corner of 38th Street and Santa Fe Avenue; at the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of said City. The posting shall be made at least 10 days prior to the date of such hearing.

(Prior code § 7.33)

At the time and place fixed for receiving and considering said report and assessment list, the City Council shall hear and pass upon the same, together with any objections of the property owner(s) liable to be assessed for the abatement of the nuisance. Thereupon the City Council may make such revision, correction, or modification in the report and assessment list as it may deem just after which by resolution the report and assessment list, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive.

(Prior code § 7.34)

A. The total cost of abatement upon the private property, or between the property line and the curbline of, or upon the public street abutting such private property, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and a lien on said property for the amount of such assessment.

B. The City Clerk shall cause to be recorded in the office of the County Recorder a certified copy of the decision of the City Council.

C. The Director of Finance shall duly execute such report for and on behalf of the City and shall send it to the tax division of the County Auditor-Controller's office, whereupon it shall be the duty of said Auditor-Controller to add the amount of the respective assessments to the next regular tax bills levied against said lots and parcels of land for municipal purposes; and thereafter, said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

D. Such assessments shall not be payable prior to entry upon the tax roll as provided for hereinabove in subsection C.

(Prior code § 7.35)