Chapter 8.08
HAZARDOUS WEEDS AND DEBRIS

Sections:

8.08.010    Definitions.

8.08.020    Nuisance declared—Permitting accumulation of weeds and debris unlawful—Permission required to burn weeds or debris.

8.08.030    Notice to abate—Generally.

8.08.040    Notice to abate—Mailing and posting.

8.08.050    Abatement by city—Authority.

8.08.060    Report and assessment list—Contents and filing.

8.08.070    Report and assessment list—Notice of filing.

8.08.080    Rubbish detrimental to health prohibited.

8.08.090    Rat harbors prohibited.

8.08.100    Violation Sections 8.08.080 and 8.08.090—Penalty.

8.08.010 Definitions.

The following words and phrases, when used in this chapter, shall have the meanings respectively as cited to them in this section:

A. “Weeds” means any of the following:

1. Weeds which, when mature, bear seeds of a downy or wingy nature;

2. Any brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;

3. Weeds which are otherwise noxious or dangerous;

4. Poison oak and poison ivy when the conditions are such as to constitute a menace to the public health; and

5. Dry grass, stubble, brush, litter, or other flammable material, which endangers the public safety by creating a fire hazard.

B. “Debris” means waste matter, litter, trash, refuse, rubbish, dirt, dry grass, dead trees, tin cans, paper, waste material of every kind, or other unsanitary substance, object or condition which is, or when dry may become, a fire hazard, or which is or may become a menace to health, safety or welfare, or which is offensive to the senses.

C. “Street” means and includes public streets, alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs. (Prior code § 5220.1)

8.08.020 Nuisance declared—Permitting accumulation of weeds and debris unlawful—Permission required to burn weeds or debris.

The council declares that all weeds growing upon private property or streets in the city and all debris on private property or streets in the city are public nuisances. Also, it is unlawful for any property owner in the city to cause or permit any debris to be or remain on any real property in the city or on portions of streets adjoining such real property to the centerline of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or debris. Destruction by burning within the city shall be unlawful unless the written permission of the chief of the fire department is first obtained. (Prior code § 5220.2)

8.08.030 Notice to abate—Generally.

Whenever the fire chief or his or her authorized representative finds weeds, rubbish or similar material upon any property, lands or lots in the city, which, in his or her opinion, may become a fire hazard, endanger or injure neighboring property, or be detrimental to the health or welfare of the residents in the vicinity of such property, lands or lots, he or she shall cause to be given to the owner of the property a notice to remove such weeds, rubbish or other material which may constitute a fire hazard or public nuisance in the manner provided in this chapter. (Prior code § 5220)

8.08.040 Notice to abate—Mailing and posting.

A. In the event the person or persons owning, occupying, renting, managing or controlling any real property in the city shall fail to remove therefrom, and from the portions of streets adjoining such property, all weeds and debris in accordance with the provisions of this chapter, it shall be the duty of the city fire chief to notify such person or persons to remove the same. Such notice shall be in writing and shall be deposited in the United States Post Office at San Luis Obispo, California, with postage thereon prepaid and addressed to such owner at his or her last known place of address as shown on the assessment roll of the city or of the county, and if no such address is there shown or is known, then to General Delivery, San Luis Obispo, California.

B. If such property is occupied and the mailing address thereof is different from that of the owner as shown on the assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Also, such notice shall be posted in a conspicuous place upon the property, land or lot upon which such weeds, rubbish or similar material are found. Such notice shall contain a description of such property, which description may be the number of the lot and block and the name of the map, tract or subdivision in which such real property lies, or may be the street and number thereof, or may be any other description by which the property may be reasonably and readily identified. One or more lots or blocks of land may be described in one and the same statement or notice. (Prior code § 5220.3)

8.08.050 Abatement by city—Authority.

In the event the person or persons owning, occupying, renting, managing or controlling real property in the city shall fail to remove or destroy weeds and debris in accordance with the notice given pursuant to the provisions of Section 8.08.040 within ten calendar days after the mailing of such notice, it shall be the duty of the fire chief and his or her deputies, assistants, employees, contracting agents, or other representatives, including, without limitation, members of the public works department of the city, to destroy or remove such weeds and debris, and they, and each of them, are expressly authorized to enter upon private property for such purpose, and it is unlawful for any person to interfere, hinder or refuse to allow them to enter upon private property for such purpose and to destroy or remove weeds and debris in accordance with the provisions of this part. Any person owning, occupying, renting, managing, leasing or controlling real property in the city shall have the right to destroy or remove weeds and debris, or have the same destroyed or removed at his or her own expense, at any time prior to the arrival of the fire chief or his or her authorized representative for such purpose. (Prior code § 5220.4)

8.08.060 Report and assessment list—Contents and filing.

The fire chief shall keep an account of the costs to the city to destroy or remove weeds and debris, as provided in Section 8.08.050, for each separate lot or parcel of land and the portions of streets adjoining the same and shall embody such account in a report and assessment list to the council, which report shall be filed with the city clerk and a copy thereof with the director of finance. Such report shall refer to each separate lot or parcel of land by description sufficient reasonably to identify same, together with the expense proposed to be assessed against it, which shall include a seventy-five percent administrative charge and such penalty fees as may be adopted by resolution from time to time by the council. (Ord. 955 (part), 1983: prior code § 5220.5)

8.08.070 Report and assessment list—Notice of filing.

The city clerk shall post a copy of such report and assessment list on or near the door of the Council Chamber of the City Hall, together with the notice of the filing thereof and of the time and place when and where it will be submitted to the council for hearing and confirmation. The posting shall be for at least five calendar days prior to the submission of the report to the council. The fire chief shall mail to the persons, and in the manner prescribed in Section 8.08.040, a notice substantially in the following form:

ASSESSMENT FOR DESTRUCTION OR REMOVAL OF FIRE HAZARD AND NOTICE OF HEARING THEREON

NOTICE IS HEREBY GIVEN that, pursuant to the provisions of Chapter 8.08 of the San Luis Obispo Municipal Code, the Fire Chief has destroyed or removed weeds and debris from the real property owned, occupied, rented, managed, or controlled by you and from the portions of streets, alleys, and sidewalks adjoining the same, which real property is described as follows:

(Here insert description of real property sufficient for reasonable and ready identification.)

The cost of said destruction or removal proposed to be assessed against said property including a 75% administrative charge and a $_____ penalty fee, is $_____. (Ord. 854. § 1980 Series).

NOTICE IS HEREBY GIVEN that on the day of 19 at the hour of m., in the Council Chambers of City Hall at 990 Palm Street, San Luis Obispo, California, the report of the Fire Chief on the cost of destruction or removal of weeds and/or debris and the assessment list thereon will be presented to the City Council for consideration, correction, and confirmation and that at said time and place, any and all persons interested in or having any objections to said report or list or proposed assessments, or to any matter or thing contained herein, may appear and be heard. The failure to make any objection to said report and list shall be deemed a waiver of the same.

Upon confirmation of said assessment by the City Council, the amount thereon will be payable. In the evens the same is not paid on or before the 15th day of August following the aforesaid hearing, said assessment will be added to the tax bill for said property and thereafter shall become a lien on said property.

Date:_______________

__________________________
San Luis Obispo City Fire
Chief By Fire Marshal

(Ord. 955 (part), 1983: prior code § 5220.6)

8.08.080 Rubbish detrimental to health prohibited.

No person shall have or permit upon any premises owned, occupied or controlled by him or her, any nuisance detrimental to health or any accumulation of rubbish, filth, garbage, decaying animal or vegetable matter or any animal or human excrement. (Prior code § 5220.7)

8.08.090 Rat harbors prohibited.

All accumulation of boxes, boards or other material liable to harbor rats or other rodents shall be neatly piled on racks at least eighteen inches above the ground, except that lumber in commercial lumberyards shall be kept at least six inches above the ground. (Prior code § 5220.8)

8.08.100 Violation Sections 8.08.080 and 8.08.090—Penalty.

If after being notified by any police or health Officer any person shall fail, neglect or refuse to abolish, abate or remove, within one day, any of the matters of things mentioned in Section 8.08.080 or Section 8.08.090 then the city may abolish, abate or remove the same and the person whose duty it was to do so, in addition to incurring penalties provided in this chapter shall become indebted to the city for the costs and charges so expended. (Ord. 979 § 1, 1983: prior code § 5220.9)