Chapter 8.32
WEED AND RUBBISH ABATEMENT
Sections:
8.32.010 Definitions.
8.32.020 Nuisances – Declaration by resolution.
8.32.030 Resolution – Contents.
8.32.035 Weed abatement guidelines.
8.32.040 Seasonal and recurrent weeds – Abatement notice.
8.32.050 Seasonal and recurrent weeds – Preventive chemical control.
8.32.055 Recurrent rubbish – Abatement notice.
8.32.060 Notices – Posting.
8.32.070 Notices – Form.
8.32.080 Notices – Mailing – Time limits.
8.32.090 Hearing.
8.32.100 Abatement – Procedure.
8.32.110 Abatement – Costs report.
8.32.120 Abatement – By contract.
8.32.130 Costs – Assessment.
8.32.140 Costs – Payment.
8.32.150 Costs – Refunds for erroneous levies.
8.32.160 Claims for damages.
8.32.010 Definitions.
“In front of which the nuisance exists” includes to the rear of or abutting the property upon which the nuisance exists.
“Rubbish, refuse and dirt” includes unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed by any structure or otherwise consists of such matter as trash, rubble, asphalt, and accumulated dirt from other sites or for which there is no City-approved grading permit.
“Street” includes public street, alley, lane, court or other place.
“Superintendent of Public Works” means the Director of Community Services or designee.
“Weeds” includes any of the following:
1. Weeds which bear seeds of a downy or wingy nature;
2. Sagebrush, chaparral, trees, shrubs, vegetation, brush, and any other growth which creates or causes a hazard or menace to the public health, safety and welfare;
3. Weeds which are otherwise noxious or dangerous;
4. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;
5. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard;
6. Any accumulation of dry grasses or other flammable vegetation within 50 feet of any aboveground flammable liquid;
7. Trees, if determined to increase the fire hazard, due to mortality, insect infestation, disease, or lack of maintenance. [Ord. 1135 § 1, 2004; Ord. 532 § 1, 1974].
8.32.020 Nuisances – Declaration by resolution.
The City Council may declare by resolution as public nuisances and abate:
A. All weeds, as defined in this chapter, growing upon the streets, sidewalks, or private property in the City;
B. All rubbish, refuse and dirt upon parkways, sidewalks, or private property in the City. [Ord. 532 § 2, 1974].
8.32.030 Resolution – Contents.
The resolution shall:
A. Refer to the street by its commonly known name;
B. Describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official or City assessment map. Any number of streets, sidewalks, or parcels of property may be included in one resolution. [Ord. 532 § 3, 1974].
8.32.035 Weed abatement guidelines.
The Superintendent of Public Works shall prepare weed abatement guidelines to assist property owners in meeting the requirements of this chapter. Such guidelines shall be available to the public at no charge. [Ord. 1135 § 2, 2004].
8.32.040 Seasonal and recurrent weeds – Abatement notice.
At the time it adopts the resolution as provided in this chapter, the City Council may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.
Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter; provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the one-year period following adoption of the resolution as provided in this chapter, no further hearings need be held and it shall be sufficient to mail a postcard notice to the owners of the property as they and their addresses appear upon the current assessment roll.
The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the City authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that, upon confirmation, such cost will constitute a lien upon such parcel or lands until paid. [Ord. 1135 § 3, 2004; Ord. 532 § 4, 1974].
8.32.050 Seasonal and recurrent weeds – Preventive chemical control.
A. Where the City Council finds and declares that weeds on specified parcels of property are seasonal and recurrent nuisances as provided in LEMC 8.32.040, it may provide for the preventive abatement of such seasonal and recurrent nuisance as provided in this section.
B. The notice required by LEMC 8.32.040 shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, weed seeds and weed seedlings, and that the City may require preventive chemical control of such nuisance.
C. In the event the City is once required to abate such nuisance, the City may, in addition, before and during the next following germinating season of such weeds, provide for the preventive abatement of such nuisance by using chemical control of such weeds. [Ord. 532 § 5, 1974].
8.32.055 Recurrent rubbish – Abatement notice.
At the time it adopts the resolution as provided in this chapter, the City Council may also find and declare that rubbish, refuse and dirt on specified parcels of property are recurrent nuisances.
Such recurrent nuisances shall be abated in accordance with the provisions of this chapter; provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same one-year period, no further hearings need be held and it shall be sufficient to mail a postcard notice to the owner of the property as they and their addresses appear upon the current assessment roll.
The notice shall refer to and describe the property and shall state that rubbish, refuse and dirt of a recurrent nature are present on the property and that same constitute a public nuisance which must be abated by removal of such rubbish, refuse and dirt, and that otherwise they will be removed and the nuisance will be abated by City authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such rubbish, refuse and dirt are removed and that, upon confirmation, such cost will constitute a fine upon such parcel or lands until paid. [Ord. 1135 § 4, 2004; Ord. 532 § 5, 1974].
8.32.060 Notices – Posting.
After passage of the resolution, the Superintendent of Public Works shall cause notices to be conspicuously posted on or in front of the property on which the nuisance exists. He shall post:
A. One notice to each separately owned parcel of property of not over 50 feet frontage;
B. Not more than two notices to any such parcel of 100 feet frontage or less;
C. Notices at not more than 100 feet apart if the frontage of such a parcel is greater than 100 feet. [Ord. 532 § 6, 1974].
8.32.070 Notices – Form.
The heading of the notices shall be “Notice to destroy weeds and remove rubbish, refuse, and dirt,” in letters not less than one inch in height, and shall be substantially in the following form:
NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT
Notice is hereby given that on the __________ day of _____________, 20__, the City Council of the City of Lake Elsinore passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street; and that rubbish, refuse, and dirt were upon or in front of property on this street, in ________________, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise, they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk.
The property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of the City of Lake Elsinore to be held ____________, when their objections will be heard and given due consideration.
Dated this __________ day of _____________, 20__
_________________________________
Superintendent of Public Works
[Ord. 532 § 7, 1974].
8.32.080 Notices – Mailing – Time limits.
A. The notices shall be posted at least five days prior to the time for hearing objections by the City Council.
B. As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council may direct written notice of the proposed amendment to be mailed to all persons owning property described in the resolution. Written notice shall be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council.
C. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Any costs incurred in securing the aforesaid names and addresses shall be a part of the costs of abatement.
D. The notices mailed by the City Clerk shall be mailed at least five days prior to the time for hearing objections by the City Council. [Amended 1987; Ord. 532 § 8, 1974].
8.32.090 Hearing.
At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse and dirt. It shall, by motion or resolution, allow or overrule any objections. The hearing may be continued from time to time, but the decision of the City Council is final, and it acquires jurisdiction to proceed and perform the work of removal upon the conclusion of the hearing. [Ord. 532 § 9, 1974].
8.32.100 Abatement – Procedure.
If objections have not been made, or after the City Council has disposed of those made, it shall order the Superintendent of Public Works, by motion or resolution, to abate the nuisance by having the weeds, rubbish, refuse and dirt removed. The Superintendent of Public Works may thereupon enter upon private property to abate the nuisance. Notwithstanding such order of abatement, the owner may, prior to the arrival of the Superintendent of Public Works, remove the weeds, rubbish, refuse and dirt at his own expense. [Ord. 532 § 10, 1974].
8.32.110 Abatement – Costs report.
A. The Superintendent of Public Works shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He shall submit to the City Council for confirmation an itemized written report showing such cost.
B. A copy of the report shall be posted for at least three days prior to its submission to the City Council on or near the chamber door of the City Council, with a notice of the time and submission.
C. At the time fixed for receiving and considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. [Ord. 532 § 11, 1974].
8.32.120 Abatement – By contract.
Abatement of the nuisance may, in the discretion of the City Council, be performed by contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder pursuant to Sections 37903, 37904, 37905 and 37931 to 37935 inclusive of the California Government Code. In such event, the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by Section 39574 of said code. [Ord. 532 § 12, 1974].
8.32.130 Costs – Assessment.
A. The cost of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel.
B. After confirmation of the report, a copy shall be given to the City Assessor and the Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.
C. If the County Assessor and the Tax Collector assess property and collect taxes for the City, a certified copy of the report 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 books for the current year.
D. The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land.
E. 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 procedure of foreclosure and sale provided for ordinary municipal taxes.
F. The City Council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessment of $50.00 or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the City Council, not to exceed six percent per year.
G. 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.
H. Laws relating to the levy, collection and enforcement of County taxes apply to such special assessment taxes. [Ord. 532 § 13, 1974].
8.32.140 Costs – Payment.
The Superintendent of Public Works may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until 10 days before a copy is given to the City Assessor and Tax Collector, or where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. [Ord. 532 § 14, 1974].
8.32.150 Costs – Refunds for erroneous levies.
The City Council may order refunded all or part of a tax paid pursuant to this chapter if it finds that all or part of the tax has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the Clerk of the City Council on or before November 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his guardian, executor, or administrator. [Ord. 532 § 15, 1974].
8.32.160 Claims for damages.
If the City Council finds that property damage was caused by the negligence of a City officer or employee in connection with the abatement of a nuisance pursuant to this chapter, a claim for such damages may be paid from the City general fund. Claims therefor are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the California Government Code. [Ord. 532 § 16, 1974].