Chapter 8.12


8.12.010  Title.

8.12.020  Definitions.

8.12.030  Noxious growth, rubbish, garbage – Prohibited.

8.12.040  Notice requiring removal – Generally.

8.12.050  Notice requiring removal – Form.

8.12.060  Abatement by city – Hearing.

8.12.070  Abatement by city – Cost – Assessment.

8.12.080  Collection of assessment.

8.12.090  Right of entry by city official.

8.12.100  Violation – Penalty.

8.12.010 Title.

This chapter shall be known and may be cited as the “garbage, rubbish and weed control ordinance of the city.” (Ord. 258 § 1, 1986)

8.12.020 Definitions.

For the purpose of this chapter, the following terms, phrases and words and their derivations shall have the meanings given in this section unless the context indicates that a different meaning is intended:

A. “Brush” means branches of trees sheared therefrom, a thicket of shrubs, or bushes.

B. “Dirt” means any artificial accumulation of earth of a size, shape or composition to constitute a hazard to the public health or safety of the community.

C. “Garbage” means accumulations of animal, fruit, or vegetable matter, liquid, or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables.

D. “Lot” means any lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining the lot, parcel, tract or piece of land; and the parkways or areas lying between the curbline and the street line of the adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists.

E. “Noxious growth” means weeds, vines or brush which bear seeds of a wingy or downy nature or which contain a high growth as to becomes a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community. Poison oak and poison ivy shall be deemed to be a noxious growth when the conditions of growth are such as to constitute a menace to the public health of the community.

F. “Private premises” means any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other structure.

G. “Public place” means any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public squares, spaces, grounds and buildings.

H. “Rubbish” means scrap metals, junk, disassembled parts of automobiles or machinery, construction or demolition materials, debris, litter, paper, cardboard, metal cans, glass, cut brush, dead trees, tree limbs, similar materials, or any other flammable materials. (Ord. 258 § 2, 1986)

8.12.030 Noxious growth, rubbish, garbage – Prohibited.

A. No person owning, managing, or having control or charge or occupancy of any lot or private premises shall:

1. Allow noxious growths otherwise dangerous to the life, health, comfort, or convenience of the community, to grow or remain upon such lot or private premises;

2. Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises;

3. Suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of six inches above the grade in the area of growth;

4. Cause or permit rubbish, garbage or dirt to be placed or to exist upon such lot or private property.

B. It is the duty of every person to prevent such growth or existence. To establish prima facie violation of this section, it shall not be necessary to establish any facts except that the accused person owned, managed or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. (Ord. 258 § 3, 1986)

8.12.040 Notice requiring removal – Generally.

A. If and when it shall appear that noxious growths, rubbish, dirt or garbage have been placed upon or in front of private property in violation of any of the provisions of this chapter, the director of public works or his authorized agent may direct the removal thereof and cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush, rubbish, dirt or garbage must be removed within 10 days from and after the date of such posting. Such notices shall be conspicuously posted on or in front of the property on or in front of which the condition exists as follows:

1. One notice shall be posted on or in front of each separately owned parcel;

2. Not more than two notices shall be posted to any 50-foot to 100-foot frontage;

3. Notices shall be placed at intervals of not more than 100 feet, if the frontage of a parcel is greater than 100 feet, with one notice for each 100 feet of frontage.

B. In addition to posting such notices, the director of public works or his authorized agent shall send a similar notice to the owner of the subject property as shown upon any fee record, or upon the last equalized assessment roll by United States Mail; but failure of the owner to receive such a notice shall not affect the power of the city or any of its officers or employees to proceed as provided in this chapter. (Ord. 258 § 4, 1986)

8.12.050 Notice requiring removal – Form.

A. The headings of the notices required shall be in substantially the following form in letters not less than one inch in height:


NOTICE IS HEREBY GIVEN to the owner, manager, occupant or persons having charge or control of the property at (describe property, e.g., address, assessor's parcel number, physical description) that the condition(s) of (describe violation(s)) exists upon the property which is/are in violation of the provisions of Ordinance No. 258 of the City of Escalon, which provides for the elimination of rubbish, garbage, dirt, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways, or streets or which is dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity.

The said condition(s) must be abated on or before __________, 20__. If not abated on or before said date, the City of Escalon may abate the condition or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon.

Any persons objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address, or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee or other) of the person making the objection. All such statements must be filed with the City Clerk of the City of Escalon, City Hall, Escalon, California, not later than the date for abatement set forth hereinabove.

B. Upon receipt of such written statement, the city clerk will set such matter upon the agenda of the city council and objectors will be notified by mail of the time and place of the meeting at which the city council will hear and consider such objections. Such meeting shall not be sooner than three days after the mailing of such notices.

C. At the time stated in the notice(s) the city council shall hear and consider all objections to the proposed abatement work. The city council may continue the hearing from time to time. At the conclusion of the hearing, the city council may allow or overrule any objections. The decision of the city council is final. If the objection(s) is overruled, the objector shall have five days thereafter to perform the abatement work. If the work is not performed within that time, the director of public works or his authorized agent shall proceed as set forth in EMC 8.12.060. (Ord. 258 § 5, 1986)

8.12.060 Abatement by city – Hearing.

A. If, at the end of the period mentioned in the notice, the owner has failed to perform the abatement work required in the notice, the director of public works or his authorized agent shall cause such work to be performed, and shall report the expense of the work to the city manager. The city manager shall charge the expense of such work to the owner. If the owner fails or refuses to pay the amount of the expense within the period of 30 days after being billed therefor by the city, the city manager shall report such unpaid expenses to the city council. Upon receipt of such report, the city council shall set a date and time for the hearing on the report, and notice shall be mailed to each person whom the real property is assessed in the last equalized assessment roll available on the date of mailing the notice. The address of the owner shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice of hearing.

B. At the time fixed for the hearing on the report of expense, the city council shall hear it with any objections of the property owner liable to be assessed for such work. The city council may modify the report if it is deemed necessary. The city council shall then confirm the report by resolution.

C. The resolution confirming the report shall direct the county auditor to add the amount of unpaid expenses as shown on the report, and as confirmed by the resolution, to the next regular municipal tax bills assessed against the parcels shown in the report. (Ord. 258 § 6, 1986)

8.12.070 Abatement by city – Cost – Assessment.

The cost of performing the abatement work authorized by this chapter shall constitute a special assessment against the parcel of land. After the assessment is made and confirmed, it is a lien on the parcel. (Ord. 258 § 7, 1986)

8.12.080 Collection of assessment.

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 procedures of foreclosure and sale provided for ordinary municipal taxes. (Ord. 258 § 8, 1986)

8.12.090 Right of entry by city official.

The director of public works or his designated agent may enter upon private property to perform any abatement work authorized by this chapter. (Ord. 258 § 9, 1986)

8.12.100 Violation – Penalty.

It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter. (Ord. 470, 2003; amended during 1989 codification; Ord. 258 § 12, 1986)