Victorville Municipal Code Ch. 8.12 Litter and Weed Control

This chapter shall be known and may be cited as the "anti-litter and weed control ordinance."

(Ord. No. 2383, § 10, 2-19-19)

The city council finds and declares that the uncontrolled growth and/or accumulation of grass, weeds, litter, or other materials or obstructions on sidewalks, streets, and on lands or lots is dangerous or injurious to neighboring property and the health or welfare of residents of the vicinity and is a public nuisance in that it creates a condition that reduces the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harbor for rodents, and insects and is injurious to the health, safety and general welfare.

(Ord. No. 2383, § 10, 2-19-19)

For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, 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.

(1) "City" is the city of Victorville.

(2) "Garbage" is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

(3) "Litter" is "garbage," "refuse," and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

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

(5) "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 vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure, and any business or professional establishment.

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

(7) "Refuse" is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

(8) "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.

(9) "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 stationary rails or tracks.

(10) "Weeds" are weeds which bear seeds of a downy or wingy nature, sagebrush, chaparral and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent property, weeds which are otherwise noxious or dangerous, poison ivy, and poison oak when the conditions of growth are such as to constitute a menace to the public health, dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard.

(11) "Weed abatement official," as used in this chapter, means the fire chief or his/her designated representatives.

(Ord. No. 2383, § 10, 2-19-19)

(a) It shall be the duty of every owner, occupant, and person in control of any land or interest therein in the city to abate therefrom and from all sidewalks, parkways or public road easements adjacent to such land, all noxious weeds or vegetation, dry grass, Russian thistle (tumbleweeds), dead trees, rubbish and dirt, and all combustible rubbish or noxious vegetation declared to be a nuisance as set forth in section 8.12.020 of this chapter, or that constitutes a fire, health or safety hazard, or which may endanger or injure neighboring property, or the health, safety or well-being of persons or property.

(b) No person, owning or having control or charge or occupancy of any lot or private premises shall allow weeds, vines, shrubs or brush which bear seeds of a wingy or downy nature or which attain such a large growth as to become a fire menace when dry, or which contain poisonous oils, or which are otherwise noxious or dangerous to the life, health, comfort or convenience of the community to grow or remain upon any portion of such lot or private premises within one hundred feet of any structure.

(c) No person shall sow or disseminate, or allow or permit to mature, or sell or in any manner transfer, transport or convey, any seed of any noxious weed.

(d) No person owning, managing, or having charge or control of or occupancy of any lot or private premises shall suffer or permit any weeds, grass rank growth or brush to grow or exist in excess of twelve inches above the grade in the area of growth on such portion of the lot or premises within one hundred feet of any structure. It is the duty of every such person to prevent such growth or existence. In any prosecution for violation of this section, it shall not be necessary to establish any facts excepting that the person accused owned, managed or had charge, control or occupancy of a lot or private premises whereon such condition existed to establish the guilt of such person.

(Ord. No. 2383, § 10, 2-19-19)

No person, while 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. No. 2383, § 10, 2-19-19)

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 streets, alley or other public place, sticky substances, litter or foreign matter of any kind.

(Ord. No. 2383, § 10, 2-19-19)

No person, owning or having charge or control or occupancy of any lot or private premises, shall allow grass or weeds to accumulate or grow upon an abutting paved sidewalk area above its established grade or upon any part of said sidewalk area from curb to street line; provided, however, that nothing contained in this section shall be construed to require the removal from the borders of any sidewalk of any ornamental plant, lawn, shrub, or trees of a reasonable growth; provided, that the same are not, in the opinion of the weed abatement official, obstructions to the free use of such sidewalk by pedestrians.

(Ord. No. 2383, § 10, 2-19-19)

If and when it appears that weeds, vines, shrubs or brush, grass, refuse, or dirt, noxious vegetation, which constitute a fire, health or safety hazard, grow or have been placed or exist upon private property in violation of any of the provisions of this chapter, or of any other provisions of this Code, abatement and removal shall be caused as follows:

(1) If said items are not removed or abated by the specified time (normally twenty-one days), a duly designated officer may order said items removed or abated. If the city has the above said items removed or abated, the actual cost plus an administrative charge shall be levied and assessed against the property as a special assessment lien;

(2) When, in the opinion of the fire chief, an extreme fire hazard exists which constitutes an immediate threat to public health, safety and welfare, and it is deemed necessary by the city to abate such hazard as promptly as possible, said items must be removed within seventy-two hours;

(3) Whenever the weed abatement official deems it necessary to enforce the duty set forth in section 8.12.040, such official shall issue a "notice to remove or abate" by any or all of the following methods:

(A) Mail to the owner of the property at the address shown on the last available property tax assessment roll,

(B) By personal service on the owner, occupant, or person in control of the property,

(C) By posting the notice in a conspicuous place on the property;

(4) The failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this part, nor shall it invalidate the assessment against the subject property;

(5) The form of the "notice to remove or abate" shall be substantially as follows:

[Figure]

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(Ord. No. 2383, § 10, 2-19-19)

Any person who is affected by the notice set forth in section 8.12.080 may appeal to the city council within the time set for compliance in the notice by filing an appeal in writing with the weed abatement official. Timely appeal shall stay any further action until the date set for hearing. Upon receiving the written appeal, the weed abatement official shall set the matter for hearing before the city council and notify the appellant of the date set for such hearing, at least fifteen days prior to such date. If the appellant resides outside the city, the above period of notice shall be at least twenty-five days. The city council shall act on the appeal and its determination shall be conclusive.

(Ord. No. 2383, § 10, 2-19-19)

The weed abatement official may enter upon any private property and abate any nuisance found thereon, after notice to abate such nuisance has been posted as required by this chapter, if no person has filed a written statement of objections as provided in this chapter. In the event objections have been duly filed, and overruled by the city council, such officer may enter upon private property and abate any nuisance found thereon, in accordance with the order of the city.

(Ord. No. 2383, § 10, 2-19-19)

Abatement of the nuisance may in the discretion of the city council be performed by contract awarded on the basis of competitive bids let to the lowest responsible bidder pursuant to chapter 2.28 of this Code governing contracts for services with the city. The contractor shall keep and submit the itemized written report for each separate parcel of land required by Government Code Section 39574.

(Ord. No. 2383, § 10, 2-19-19)

If at the end of the time allowed for compliance in the original notice, or as extended in cases of appeal, compliance has not been accomplished, the weed abatement official issuing the notice may order weeds, dry grass or other refuse to be removed by public officers or employees of the city and/or the fire department, or may cause such weeds, dry grass, refuse or other combustible refuse to be removed by private contractor, selected and approved in accordance with the provisions of chapter 2.28 of this Code, and such removal occurs as a special assessment, such property shall be subject to a special assessment lien for said purpose.

(Ord. No. 2383, § 10, 2-19-19)

The weed abatement official may cause a bill to be sent to the responsible party for any and all costs incurred that are administrative fees and such bill shall be due and payable to the city within thirty days after the billing date. If payment is not received within the allotted time, the city will assess the amount of the cost of the bill plus any additional fees charged by the county auditor in accordance with section 8.12.140.

(Ord. No. 2383, § 10, 2-19-19)

The weed abatement official investigating the weed abatement matter shall keep an account of the cost of abatement on each separate lot or parcel of land where the work is done by him. After confirmation of a report, a copy of the same shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on 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 procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessments.

(Ord. No. 2383, § 10, 2-19-19)

(a) All or any portion of any erroneous assessment, penalty or costs heretofore entered shall on order of the city council be canceled by the auditor if uncollected, or, except in the case provided for in subsection (a)(5) of this section, refunded by the city treasurer if collected, if it or they were entered, charged or paid:

(1) More than once;

(2) Through clerical error;

(3) Through the error or mistake of the city council or of the officer, board or commission designated by them to give notice or to destroy the weeds, in respect to any material fact, including the case where the cost report rendered and confirmed as hereinbefore provided shows the city abated the weeds but such is not the actual fact;

(4) Illegally;

(5) On property acquired after the lien date by the state or by any county, city, school district or other political subdivision and because of this public ownership, not subject to sale for delinquent taxes.

(b) No order for a refund under the foregoing section shall be made except on a claim:

(1) Verified by the person who paid the special assessment, his guardian, executor or administrator;

(2) Filed within sixty days after making the payment to be refunded.

(Ord. No. 2383, § 10, 2-19-19)

Whenever the tax roll has been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by section 8.12.140, relating to the work for which such erroneous assessment was levied, may be prepared by the weed abatement official who prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of the lot or parcel as shown upon the current assessment rolls. In all other respects, section 8.12.140 shall apply to such corrected assessment, except that the time for doing all things therein specified shall relate from the date of confirmation of the corrected assessment.

(Ord. No. 2383, § 10, 2-19-19)

Any person violating the provisions, or failing to comply with any of the requirements, of the chapter shall be guilty of a misdemeanor as provided in chapter 1.04 of the Victorville Municipal Code.

(Ord. No. 2383, § 10, 2-19-19)

The weed abatement official may issue an administrative citation and/or assess an administrative fine as provided in chapter 1.05 of the Victorville Municipal Code.

(Ord. No. 2383, § 10, 2-19-19)

Each day a violation of this chapter is committed or permitted to continue shall constitute a separate offense.

(Ord. No. 2383, § 10, 2-19-19)

The remedies provided in this chapter are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.

(Ord. No. 2383, § 10, 2-19-19)