Chapter 44.12
REMOVAL OF RUBBISH AND WEEDS
Sections:
44.12.010 Duty to remove rubbish and weeds.
44.12.020 Regulating authority.
44.12.040 Notice to clean premises.
44.12.050 City Council consideration of appeal of notice to clean premises.
44.12.080 Confirmation of assessment.
44.12.090 Collection of assessment.
44.12.010 Duty to remove rubbish and weeds.
It is unlawful for any owner, lessee or occupant of any real property within the City to place or maintain dirt, rubbish, materials, grass, weeds or vegetation on or about such property or on or about adjacent sidewalks, parking areas, alleys or streets in a manner that is either dangerous or injurious to neighboring property or the health or welfare of residents in the vicinity, or interfere with the use of public rights-of-way. (Gov. Code § 39051 et seq.) (Ord. 1794; Ord. 1585)
44.12.020 Regulating authority.
The Director of Public Services or the Director’s authorized designee shall serve as the regulating authority for the provisions of this chapter.
44.12.030 Notice to remove.
Whenever the regulating authority discovers a violation of this chapter, the regulating authority shall proceed with the following procedure to correct the situation:
A. Send or deliver to the occupant of the premises a written request that appropriate cleanup can be done. This communication shall refer to the provisions of this chapter, explain what work is needed to correct the situation, and ask that it be completed within 15 days. In the case where the property is vacant, the communication will be mailed to the owner of record.
B. If the work is not done within the 15-day time period, another written communication shall be sent or delivered to the owner of record and also to any occupant of the premises referring to the original request, again outlining what work should be done and advising that if it is not completed within the next 10 days a formal notice to clean premises will be issued initiating the process whereby the City has the necessary work done and assesses the cost to the owner.
C. If the work is not done by the end of this additional 10-day time period, the regulating authority shall cause to be given a notice to clean premises as provided in this chapter. (Ord. 1612)
44.12.040 Notice to clean premises.
A. The notice to clean premises shall be headed, in letters of not less than one inch in height, with the wording “NOTICE TO CLEAN PREMISES.”
B. The notice to clean premises shall contain:
1. The date the notice is mailed;
2. The address or other description of the property involved;
3. A description of the violation;
4. An order to cure the violation;
5. A warning that if the violation is not cured within 15 days of the date of mailing of the notice, of such additional time as may be expressly authorized by the regulating authority, the City is required to cure the violation and charge the owner for the costs incurred;
6. A warning that the costs incurred may become a lien on the property and subject the property for foreclosure;
7. A notice that the owner, lessee or occupant may contest the existence of the violation or deny the responsibility for its cure by filing a written response with the City Clerk within 10 days of the date of the mailing of the notice; and
8. A notice that the owner, lessee or occupant may appear and present evidence when the City Council considers the appeal.
C. On the date of mailing indicated in the notice to clean premises, the regulating authority shall cause such notice to be distributed as follows:
1. Mailed by certified mail to the property owner at the address shown on the latest tax assessment rolls available from the Office of the County Assessor. Such address shall be conclusively deemed to be the proper address for the purpose of mailing such notice;
2. Mailed by regular mail to “Owner or Occupant” at the address of the subject property; and
3. Posted in a conspicuous place on the real property involved in those cases where such property is vacant or there is evidence that no one resides on the property.
44.12.050 City Council consideration of appeal of notice to clean premises.
If a written appeal of the notice to clean premises is received by the City Clerk within 10 days of the mailing of the notice to clean premises which sets forth reasons for the appeal, the matter shall be set for consideration by the City Council at the next regular meeting. The City Clerk shall notify the person submitting the appeal of the date on which the City Council will consider the appeal.
44.12.060 Removal by City.
A. If no appeal is filed to the notice to clean premises, then on the sixteenth day following the mailing of the notice to clean premises, or as soon thereafter as practicable, the regulating authority shall cause the violative condition to be remedied.
B. If an appeal is filed, then no sooner than five days after the rendering of a decision by the City Council affirming the notice to clean premises, the regulating authority shall cause the violative condition to be remedied.
44.12.070 Charge for removal.
A. Upon removal of the violation, the regulating authority shall prepare and submit to the City Council a report listing the proposed assessment to be levied against the property. In computing the proposed assessment, there shall be added to the direct cost of removing the objectionable materials a charge, fixed by resolution of the City Council from time to time, in an amount sufficient to recover the labor, materials and administrative expenses incurred, to include interest on the moneys expended at the rate of 10 percent, in enforcing the provisions of this chapter against the subject property.
B. The City Clerk shall set the proposed assessment for consideration by the City Council at the next regular meeting no sooner than 10 days from the sending notice of the proposed assessment.
C. Notice of the proposed assessment shall be distributed in accordance with the procedures applicable to a notice to clean premises and shall contain the date and time when the City Council shall consider the report of the regulating authority and such information as the owner, lessee or occupant wishes to present regarding the amount of the proposed assessment.
44.12.080 Confirmation of assessment.
At the time set for considering the report of the regulating authority, the City Council shall hear any objections from persons liable to be assessed. The City Council may affirm, modify or reject the proposed assessment. The affirmation of any assessment shall declare that the amount is a lien upon the subject property.
44.12.090 Collection of assessment.
A. The assessment roll as confirmed by the City Council shall be delivered to the Director of Administrative Services who may receive the amount at any time within 10 days after the confirmation.
B. At the end of the 10-day period, any unpaid assessment shall be given to the Tax Collector of San Diego County for collection in the manner and form required by law. (Gov. Code §§ 51500 – 51510)