Villa Park Municipal Code Art. 6-2 Abatement of Weeds, Rubbish, Refuse and Waste

No person, whether the same be the owner, agent, or person in control of any lot or parcel of land within the City shall maintain or permit or allow such premises to be maintained in such a condition where weeds, rubbish or other material are likely to create conditions which may affect the health, safety, comfort or welfare of the residents in the vicinity or neighboring properties; the existence of any of the following conditions is prohibited and is hereby declared to be a public nuisance.

a. Weeds, rubbish or any other matter or material which may become a fire hazard;

b. Weeds, rubbish or any other matter or material which may provide a breeding place or refuge for rodents, insects or other vermin;

c. Weeds which may produce pollen which is injurious to the health, safety, comfort or welfare of residents.

(Ord. #74-204, § 1)

Whenever the City Manager shall find that a condition prohibited by subsection 6-2.1 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, he shall give or cause to be given, in the manner hereinafter provided, a notice to remove such weeds, rubbish, or other material.

(Ord. #74-204, § 2; Ord. #82-323, § 23)

Such notice 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. Said notice shall be headed "Notice to Clean Premises" in letters not less than one (1) 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 section for further particulars. Said notice shall be in substantially the following form:

"NOTICE TO CLEAN PREMISES"

Notice hereby is given that contrary to the provisions of Article 6-2 (Ordinance No. 74-204) of the Villa Park Municipal Code, 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 or the parcel number). The City Manager has determined 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 fifteen (15) 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.

Further information may be obtained from the office of the City Manager.

All persons having any objection to the proposed required removal may appeal to the City Council, in writing, within ten (10) days, for a hearing to be held (give date) before the City Council at which time such objections will be heard and given due consideration.

DATED: This _____ day of _______, _______.

City Clerk City of Villa Park, California

As an alternative to the posting of notice, the notice required hereby 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 said notice by depositing such notice in the United States Mail, at Villa Park, 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.

(Ord. #74-204, §3).

(Reference: Government Code § 39566)

Within ten (10) days from the date of the notice the owner or any other persons interested in the property, land, or lots affected by said notice may appeal to the City Council from the determination of City Manager; such appeal shall be in writing, shall state the objections, and the name and address of the person filing the appeal. The appeal shall be filed with the City Clerk and shall be presented by the Clerk to the City Council at the next regular meeting of the City Council following the date of filing. Said City Council at such meeting, or at such meeting to which the matter may be continued by the Council, shall hear and pass upon said appeal, and the decision of the Council thereupon shall be final and conclusive.

(Ord. #74-204, § 4; Ord. #82-323, § 23)

Unless within fifteen (15) days from the date of notice or in the event that an appeal has been made to the City Council, within ten (10) days from the date of the determination of the appeal, (unless said appeal is sustained, and the Council determines that no such removal shall be required,) and written notice of the determination mailed to the one appealing at the address shown in the appeal, the weeds, rubbish or other material have not been removed from the premises in question or from the street, alley, sidewalk or right-of-way abutting such premises as directed by said notice or by the City Council on appeal, the City Manager thereupon shall cause the same to be removed and may enter upon private property for the purpose of so doing.

If upon appeal the requirements of the original notice have been modified by the City Council, the City Manager in causing said weeds, rubbish, or other material to be removed shall be governed by the determination of the City Council.

(Ord. #74-204, § 5; Ord. #82-323, § 23)

The City Manager shall keep or cause to be kept in his office a permanent record showing the legal description, as shown on the last equalized assessment roll of the County of Orange, of each piece of property or lot from which, or the street, alley, sidewalk or right-of-way abutting said property from which said weeds, rubbish or other material have been removed under the provisions of this section, and said record book shall show any and all expense incurred by the City and in the removal of said weeds, rubbish, or other material as said expense relates to each separate property ownership. Each entry in said 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 said book, the same shall constitute an assessment against the parcel of land and thereafter said assessment shall be confirmed by motion of the City Council and the assessment, after made and confirmed, shall become a lien upon the parcel.

(Ord. #74-204, § 6; Ord. #82-323, § 23)

Between June 25th and July 5th of each year the City Manager shall cause to be posted in three (3) locations in the City, a notice to the effect that any person affected or aggrieved by any act or determination of the City Manager or of the City Council in connection with the provision of this section, may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk prior to July 12th. At the next regular meeting of the City Council, after July 15th, or from time to time thereafter as may be determined by the Council, the Council shall hear and pass upon each such appeal, and the determination of the Council thereupon shall be final and conclusive. In the event any determination of the City Manager is modified by determination of the City Council or any assessment changed or corrected, the City Manager shall cause such correction to be made upon the record showing the assessment.

(Ord. #74-204, § 7; Ord. #82-323, § 23)

At the expiration of the time for appeal or upon the determination by the City Council of all appeals so filed and in compliance with the requirements of any determination so made, the City Manager shall deliver to the City Council an abstract of the entries of the said permanent record in which the City Manager has shown each assessment for the preceding fiscal year. Such abstract shall show the property affected and the amount charged there against. The City Council shall adopt a resolution approving the abstract. The City Clerk, prior to August 10th of each year, shall deliver to the County Auditor of the County of Orange the amount of each such charge to be placed upon the assessment roll against the respective lots and thereafter said charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as City taxes are collected. The provisions of this subsection shall not apply to any piece of property or land or lot the charge against which has been paid prior to the delivery to the City Council of said abstract, but in such case an appropriate entry shall be made in the said record book by the City Manager, showing that such charge has been paid, so that when the same is delivered to the City Council all assessments shown thereon shall be valid and effective.

(Ord. #74-204, § 8; Ord. #82-323, § 23)

Proof of the posting, serving in person or mailing of any notice, order, or determination provided for in this section, shall be by affidavit of the person performing the duty. It shall be the duty of the City Manager to keep such affidavits among the official records in his office.

(Ord. #74-204, § 9; Ord. #82-323, § 23)

Any assessment or any portion of an assessment levied pursuant to the provisions of this section which heretofore 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 section, 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 abstract of charges taken from the record book of the City Manager 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. Said protest shall be in writing, shall be received by the City Clerk on or before November 1st 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 said 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 Government Code of the State of California.

(Ord. #74-204, § 10; Ord. #82-323, § 23)

If the City Council finds that property damage results from negligence of a City officer or employee in connection with the abatement of a nuisance pursuant to this section, a claim for such damage may be paid from the City general fund. Claims therefore shall be governed by Chapter 2 of Division 3.5 of Title 1 of the Government Code of the State of California.

(Ord. #74-204, § 11)