Chapter 8.04
ABATEMENT OF WEEDS AND RUBBISH

Sections:

8.04.010    Definitions.

8.04.020    Nuisance.

8.04.030    Destruction required.

8.04.040    Notice.

8.04.050    City abatement – Authorized.

8.04.060    City abatement – Cost report.

8.04.070    City abatement – Report posting.

8.04.080    Cost hearing.

8.04.090    Assessment payment.

8.04.100    Penalty for violation.

8.04.110    Removal method.

For statutory provisions requiring cities to take such measures as may be necessary to preserve and protect the public health, see Health and Saf. Code Section 500.

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

8.04.010 Definitions.

As used in this chapter:

A. “City” means the city of Vacaville;

B. “Persons” includes individuals, firms, partnerships, and corporations;

C. “Rubbish” means waste matter, litter, trash, refuse, debris and dirt which is, or when dry may become, a fire hazard, or which is or may become a menace to health, or which is offensive to the senses and/or detrimental to the attractiveness of the surroundings;

D. “Streets” includes alleys, parkways, driveways, sidewalks and areas between sidewalks and curbs;

E. “Weeds” means plants which are not cultured and/or which, because of having attained growth and being dry, have become a fire menace, or which are otherwise noxious and dangerous to health. (Ord. 992 §1, 1978).

8.04.020 Nuisance.

The city council declares that all weeds growing upon private property or streets in the city and all rubbish on private property or streets in the city are public nuisances. Properties being exclusively or primarily used for agricultural purposes are excluded from the provisions of this chapter, excepting the necessity of providing adequate firebreaks. (Ord. 992 §2, 1978).

8.04.030 Destruction required.

It is unlawful for any person owning, occupying, renting, managing, or controlling any real property in the city to cause or permit any weeds, or to place, cause or permit any rubbish, 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 rubbish. Destruction by burning within the city is unlawful unless the written permission of the chief of the fire department is first obtained. (Ord. 992 §3, 1978).

8.04.040 Notice.

Except in the case of an emergency, in which case the provisions of Sections 8.10.040.B through D shall apply, if the person or persons owning, occupying, renting, managing or controlling any real property in the City fail to remove therefrom and from the portions of streets adjoining said property all weeds and rubbish in accordance with the provisions of this chapter, it shall be the duty of the 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 Vacaville, California, with postage thereon prepared and addressed to such owner at his last known place of address shown on the assessment roll of the City, and if no such address is there shown or is known, then to General Delivery, Vacaville. If such real property is occupied and the mailing address thereof is different from that of the owner on said assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Such notice shall contain a description of said property, which description may be the number of the lot and block and the name of the map, tract or subdivision in which said 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. As an alternative to the above requirements for service, the notice may be served by substituted service or service by publication in accordance with the requirements of Section 8.10.070.B. (Ord. 992 §4, 1978).

(Ord. 1810, Amended, 09/09/2008; Ord. 1808, Amended, 07/22/2008; Ord. 1721, Amended, 09/10/2004)

8.04.050 City abatement – Authorized.

The person or persons receiving notice pursuant to Section 8.04.040 may appeal the notice pursuant to Section 8.10.070. If the person or persons owning, occupying, renting, managing or controlling real property in the City fail to remove or destroy weeds and rubbish in accordance with the notice given pursuant to the provisions of Section 8.04.040, the Fire Chief and his assistants, employees, contracting agents or other representatives of the City may destroy or remove such weeds or rubbish, and they, and each of them, are expressly authorized to enter upon private property for such purpose in accordance with Section 8.10.030.D, and it is unlawful for any person to interfere, hinder or refuse to allow them to enter upon private property for such purposes and to destroy or remove weeds or rubbish in accordance with the provisions of this chapter. Any person owning, occupying, renting, managing, leasing, or controlling real property in the City shall have the right to destroy or remove weeds or rubbish or have the same destroyed or removed at his own expense at any time prior to the arrival of the Fire Chief or his authorized representatives for such purpose. (Ord. 992 §5 1978).

(Ord. 1808, Amended, 07/22/2008; Ord. 1721, Amended, 09/10/2004)

8.04.060 City abatement – Cost report.

A. The finance director shall keep an account of the cost to the City to destroy or remove weeds or rubbish as aforesaid 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 City Manager, who will present such report and assessment list to the City Council. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the expense proposed to be assessed against it.

B. The cost of abatement shall include the City’s actual expenses and costs, including, but not limited to, reasonable attorneys’ fees incurred by the City to enforce this chapter, the expenses and costs of the City in the inspection of lots, preparation of notices, specifications and contracts, and in inspecting work, and the costs of printing and mailing required under this chapter for each occurrence of abatement. (Ord. 992 §6, 1978).

(Ord. 1808, Amended, 07/22/2008)

8.04.070 City abatement – Report posting.

The city clerk shall post a copy of such report and assessment list on the bulletin board near the entrance to the City Hall, together with the notice of the filing thereof and the time and place when and where it will be submitted to the city council for hearing and confirmation. The finance director shall mail to the persons in the manner prescribed in Section 8.04.040 a notice in form substantially as follows:

ASSESSMENT FOR DESTRUCTION OR REMOVAL OF WEEDS AND RUBBISH AND NOTICE OF HEARING THEREON

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Ordinance No. 992, of the City of Vacaville, the Fire Chief has destroyed or removed weeds or rubbish 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: (Herein 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 is $______.

FURTHER NOTICE IS HEREBY GIVEN that on _________, the _____________ day of _________, 20__, at the hour of eight o’clock P.M., in the Council Chambers of the City Hall, of the city of Vacaville, located on Merchant Street between Walnut Avenue and Lovers Lane, Vacaville, Solano County, California, the report of the Finance Director on the cost of destruction or removal of weeds or rubbish and the assessment list thereof 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 of proposed assessments, or to any matter or thing contained therein 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 thereof will be payable. In the event the same is not paid said assessment will be added to the tax bill for said property and thereafter shall become a lien on said property.

Dated:___________________________.

Finance Director of the City of Vacaville

(Ord. 992 §7, 1978).

8.04.080 Cost hearing.

At the time and place fixed for receiving and considering the report, the city council shall hear the same together with any protests or objections which may be raised by any interested person. Upon such hearing, the council shall make such corrections or modifications in any proposed assessment which it may deem to be excessive or otherwise incorrect after which such assessments shall be confirmed by resolution of the council and the amount thereof shall constitute a lien on property assessed until paid. The confirmation of assessment by the council shall be final and conclusive. (Ord. 992 §8, 1978).

8.04.090 Assessment payment.

It is lawful for any person to pay the amount of such assessment for destruction or removal of weeds or rubbish on or before the fifteenth day of July following the date the confirmation of said assessment was made by the council. If said assessment is not paid on or before said date, the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the property and shall be subject to the same penalties as are provided for other delinquent taxes or assessment of the City. (Ord. 992 §9, 1978).

8.04.100 Penalty for violation.

A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by fine or imprisonment, or both.

B. In addition to any and all other costs, fees, penalties and expenses which may be assessed or imposed as a result of a violation of this chapter, any person who violates any provision of this chapter shall be liable and responsible for, and shall pay to the City, an administrative fine as follows:

1. A fine not exceeding one hundred dollars for the first violation;

2. A fine not exceeding five hundred dollars for the second violation within any consecutive 12-month period; and

3. A fine not exceeding one thousand dollars for the third or subsequent violation within any consecutive 12-month period.

C. A 10 percent late payment fee shall be imposed on any fine which is not paid within 30 days of the issuance of the notice and order.

D. The administrative fines outlined above shall be levied in addition to the recovery of any costs outlined in this chapter.

E. The person against whom the administrative fine is levied may appeal said fine pursuant to Section 8.10.070. (Ord. 992 §10, 1978)

(Ord. 1808, Amended, 07/22/2008; Ord. 1769, Amended, 09/12/2006)

8.04.110 Removal method.

The methods of removing weeds, vines, shrubs, brush and/or debris from property as provided in this chapter shall not be an exclusive method, but shall be an alternative method, and such weeds, vines, brush, shrubs and/or debris may be removed from such property pursuant to the provisions of any law of the state or of any ordinance of the city applicable thereto. (Ord. 992 §13, 1978).