Chapter 7A
WEED ABATEMENT

Sections:

7A-1 Purpose.

The purpose of this chapter is to provide for the removal of weeds from around the exterior of improvements situated in the unincorporated areas of the county so as to reduce the potential for fire, exposure to potential for fire, exposure to poisons and noxious substances and to promote the public health, safety and welfare of the community.

The board of supervisors finds that on many lots or parcels of land located in the unincorporated areas of the county, the growth and accumulation of weeds during the summer and fall months of the year poses a severe fire and safety hazard, both to persons and property; that the growth and accumulation of weeds presents difficult conditions for fire suppression efforts; that the growth and accumulation of weeds is allowed to occur by significant numbers of property owners, many of whom live out of the county and/or the state.

Based upon these findings, the board of supervisors declares that the existence of weeds in the unincorporated areas of the county constitutes a nuisance of a seasonal and recurring nature and that the weeds in these areas should be removed by the owners of the respective lots or parcels and, in the absence of such voluntary removal, that the weeds may be abated and removed by the county fire districts as set forth in this chapter. (Ord. No. 437, § 2 (part).)

7A-2 Definitions.

The following definitions apply to this chapter:

(a) “Weeds” include vegetation which bears or may bear seeds of a downy or wingy nature; grasses or other vegetation which may attain such large growth as to become, when dry, a fire menace; vegetation otherwise noxious or dangerous, including poison oak and poison ivy in a condition of growth constituting a menace to public health; and accumulations of refuse, cuttings, trash and other combustible rubbish.

(b) “Improvement” means commercial, retail and residential structures and any accessory structure used in conjunction with such commercial, retail or residential structure, including but not limited to storage sheds, detached garages, greenhouses and fences.

(c) “Department” means a county fire district acting within the scope of its boundaries and jurisdiction, or its designee.

(d) “Plow down date” shall be that date set each year by a majority vote of the county fire chiefs association. The setting of such date shall be within the sole discretion of such association after taking into consideration the then prevailing soil and climatic conditions.

(e) “Property owners” are those owners whose names appear on the most current county assessment roll. (Ord. No. 437, § 2 (part).)

7A-3 Requirements.

Every owner of any vacant lot or parcel or improved lot or parcel situated in the unincorporated areas of the county shall, prior to the plow down date of each year, remove all weeds in excess of three inches high from the following areas on their lots or parcels.

(a) For improved lots or parcels, a strip of land fifty feet wide surrounding the entire exterior of any improvement, provided, that if any portion of any improvement lies within fifty feet of the property line, then removal at that location need only take place up to the property line.

(b) For vacant lots or parcels, if such lot or parcel abuts another lot or parcel upon which lies any improvement, then removal shall take place on the vacant lot or parcel to the extent that a clearance of fifty feet from such improvement exists.

(c) Removal of the weeds may be accomplished by discing, rototilling, mowing, plowing, cutting or any other method, except burning, provided that the weed growth and accumulation is reduced to a height of three inches or less above the ground level. (Ord. No. 437, § 2 (part).)

7A-4 Operation.

(a) Twenty-one days prior to the plow down date, the department shall notify, by mail, property owners within its jurisdiction, in the unincorporated areas of the county, of the property owner’s obligation of weed removal. Such notice at the same time shall be published at least one time in a newspaper of general circulation within the county at least fifteen days prior to the designated plow down date. The notice shall contain the following specific language:

WEED PLOW DOWN NOTICE TO PROPERTY OWNERS

Colusa County has declared that the growth and accumulation of weeds in the unincorporated areas of the County poses a fire, safety and public health risk to the residents of these areas and therefore has declared weeds a seasonal and recurring nuisance.

It is the responsibility of each property owner to remove weeds from his or her property, which weeds are in excess of 3 inches high. Removal of weeds must be completed by (plow down date) . Removal may be done by discing, plowing, rototilling, mowing, cutting or any other method except burning.

The areas where weed removal shall be done are:

1. Improved Lots or Parcels. For a strip of land fifty (50) feet wide surrounding the entire exterior of any improvement, provided, that if any portion of any improvement lies within fifty (50) feet of the property line, then removal at that location need only take place up to the property line.

2. For Vacant Lots or Parcels. If a vacant lot or parcel abuts another lot or parcel, upon which lies any improvement, then removal shall take place on the vacant lot or parcel to the extent that a clearance of fifty (50) feet from such improvement exists.

3. Improvement. Improvement means commercial, retail and residential structure and any accessory structure used in conjunction with such commercial, retail and residential structure, including, but not limited to, storage sheds, detached garages, greenhouses and fences.

Failure to complete removal by the plow down date hereinbefore prescribed shall constitute an infraction punishable by a fine not to exceed FIFTY DOLLARS ($50.00) and the Department may proceed to abate the nuisance and remove the weeds. Cost of weed removal by the Department shall be apportioned to your property, and in addition to an administrative charge, shall be a special assessment upon such property and added to your property tax bill as provided for in Government Code Section 25845.

The department may include such other information, in addition to that required above, in the notice for weed abatement.

(b) Failure to complete weed removal according to the requirements of section 7A-3 by the plow down date shall constitute an infraction punishable by a fine not to exceed fifty dollars and the department may proceed to abate the nuisance and remove the weeds. The cost of weed abatement by the department shall be apportioned to each property abated.

(c) Upon completion of the weed abatement, the department shall compile a list of the violators’ assessor’s parcel numbers, names and addresses of the property owners, and the proportionate share of the cost of weed abatement for each assessor’s parcel. The department may also include a reasonable fee for administering the weed abatement.

Thereafter the department shall mail a bill to the owners of each property abated. The bill shall notify the property owners of each property abated. The bill shall notify the property owner of his or her right to protest as set forth below.

Within ten days of receipt of the bill, the property owner shall either pay the bill in full or request a hearing before the board of supervisors. The request for hearing shall be in writing, stating the grounds for protest and delivered to the department’s offices.

The only issues for dispute are: (1) clerical error in the weed abatement cost apportionment; (2) property ownership; or (3) pre-abatement conformance to the requirements of section 7A-3.

The department shall forward its compilation and all written requests for hearing to the clerk of the board of supervisors.

(d) The board of supervisors shall hold a hearing where any protests of property owners shall be heard and determined. Notice of the hearing shall be given by publication in a newspaper of general circulation within the county one time at least ten days before the hearing. The board’s decision shall be final.

The board then shall approve the department’s compilation, as adjusted if need be, and such approval shall constitute a levy of a special assessment for weed abatement costs.

(e) A list of all special assessments levied by the board of supervisors shall be forwarded to the county auditor’s office within thirty days after the conclusion of the hearing. Properties upon which special assessments have been levied by the board of supervisors pursuant to subsection (d) above shall become liens upon said properties and said properties shall be subject to sale in satisfaction of said liens pursuant to the provisions of Government Code Section 25845.

(f) Nothing in this chapter shall prevent the owner, lessee or occupier of any lot or parcel with a weed nuisance from removing such weeds, according to the requirements of section 7A-3, any time prior to the abatement by the department. If such removal is completed by the owner, lessee or occupier prior to the date the department abates the weed nuisance, then such owner shall not be liable for any abatement costs.

(g) The department, its designee and weed abatement subcontractors may enter upon private property for the purposes of inspection and removal of weeds.

(h) The department may delegate the weed abatement inspection to any volunteer fire protection organization or any other person deemed qualified by the department to carry out such inspections. (Ord. No. 437, § 2 (part).)

7A-5 Contracts for removal.