Chapter 8.16
WEEDS AND RUBBISH*

Sections:

8.16.010    Removal--Owner’s duty.

8.16.020    Removal--Notice by superintendent of streets--Statement of expenses.

8.16.030    Removal--Failure to pay demand--Tax assessed.

8.16.040    Notice--Protest hearing.

8.16.050    Hearing--Council decision.

8.16.060    Payment--Due--Late penalties.

8.16.070    Interference unlawful.

8.16.080    Alternative procedures.

*    For statutory provisions on the abatement of weeds and rubbish by cities, see Gov. Code §39501 et seq.

8.16.010 Removal--Owner’s duty.

It shall be the duty of the owner, agent or person in control of any lot, piece or parcel of land in the city to remove therefrom and from the sidewalks in front thereof, all noxious weeds or vegetation or dry grass and all dead trees, tin cans, rubbish, refuse and waste matter of all kinds which may endanger or injure neighboring property or the health or welfare of the residents of the vicinity. (Ord. 70 §1, 1958).

8.16.020 Removal--Notice by superintendent of streets--Statement of expenses.

A.    If such owner, agent or person in control of such property shall fail to remove such materials from said property or the sidewalks in front thereof in accordance with the provisions of the Section 8.16.010, it shall be the duty of the superintendent of streets to notify the owner, agent or person in control of such lot, piece or parcel of land to remove the same within ten days by written notice deposited in the United States Post Office at Greenfield, California, with postage thereon prepaid and addressed to such owner, agent or person at Greenfield, California, or to his last known place or address as shown by the assessment roll of said city, if any.

B.    Such notice shall show the number of the lot and block, also the name of the map, tract or subdivision in which the lot lies, or describe the lot in any other way by which it may be easily identified. One or more lots may be set forth in one and the same statement or notice.

C.    If such owner, agent or person shall not have removed such materials within ten days from the date of the deposit of such notice in the Post Office as aforesaid, it shall be the duty of the superintendent of streets of the city to remove said materials therefrom; provided, however, that in the event the council of the city shall decide to order a general cleanup of all lots, pieces or parcels of land in the city, and the sidewalks in front thereof, then and in that event it shall be the duty of the superintendent of streets of the city to notify the owner, agent or person in control of such lot, piece or parcel of land to remove said materials therefrom within ten days by causing a notice of such general cleanup to be published in the official newspaper of the city in two successive issues thereof. If such owner, agent or person shall not have removed such materials within ten days from the date of the last publication of such notice, then it shall be the duty of the superintendent of streets of the city to remove said materials therefrom. In the event that the superintendent of streets removes said materials subsequent to giving notice to the property owner by mail, or by publication as aforesaid, then in either of said events, the superintendent of streets shall make out a certified statement of all expenses incurred and to be incurred for making such removal, and place the same on file with the city clerk on or before ten days immediately following the completion of the work.

D.    Said certified statement shall show the number of the lot and block, also the name of the map, tract or subdivision in which the lot lies, or describe the lot in any other way by which it may be easily identified, provided one or more lots may be set forth in one and the same statement or notice. (Ord. 70 §2, 1958).

8.16.030 Removal--Failure to pay demand--Tax assessed.

The city clerk upon receiving such certified statement referred to in Section 8.16.020 shall render a bill in writing to the property owner for the work done and demand payment of said amount forthwith. In the event that the property owner, or his agent, does not pay the demand to the city on or before the fifteenth day of June following the date of the city clerk’s mailing the same to such property owner through the United states mails, postage prepaid, then the city clerk shall thereupon cause an entry to be made on the tax roll, opposite the description of the property, as follows:

"Weed or refuse tax.................$.................," filling in the amount of the expense in each particular case, and the tax collector shall cause a corresponding entry to be made on the tax bill for the property, and thereafter, before any payment shall be received for any tax or for the redemption of the property, the said amount of weed tax shall first be paid. Wherever the word "weed" is used in this chapter it shall be interpreted to include the word "refuse." (Ord. 70 §3, 1958).

8.16.040 Notice--Protest hearing.

At the time of the publication of the notice of the meeting of the board of equalization, the clerk shall also publish in connection therewith an additional notice substantially in the following form:

"Notice is given that said board will also hear any protests or objections to weed taxes, for the purpose of correcting, modifying or confirming the same, and failure to make any objection thereto will be be deemed a waiver of the same." (Ord. 70 §4, 1958).

8.16.050 Hearing--Council decision.

The council of the city sitting as a board of equalization at such hearing may modify or correct any weed tax which in their opinion is excessive or otherwise incorrect. If no corrections or modifications are made, said weed taxes shall be deemed confirmed and the board’s decision conclusive and the same shall thereupon become a lien against the property involved until paid. (Ord. 70 §5, 1958).

8.16.060 Payment--Due--Late penalties.

It is lawful for any owner, agent or person in possession of the premises on which any work has been performed under the provisions of this chapter to pay the cost thereof to the city clerk of the city on or before June 15th following the date that said work has been performed. In the event the demand for the work performed is not paid on or before June 15th following the date that the demand is mailed to said property owner or agent, then the total amount of the cost of the work so performed shall be subject to the same penalties as are provided for other delinquent taxes and assessments in the city. (Ord. 70 §6, 1958).

8.16.070 Interference unlawful.

It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the street superintendent, or his employees, to enter upon said premises for the purpose of removing any weeds or materials such as aforementioned, or interfere with the superintendent or his employees in the work of removing such weeds or materials in any manner whatsoever. (Ord. 70 §7, 1958).

8.16.080 Alternative procedures.

As an alternative to the above procedures, the city may elect to use the procedure set forth in Government Code Sections 39560 and following, substituting the code enforcement board for the legislative body referred to in those statutes. (Ord. 500 §1, 2013).