Chapter 8.25


8.25.010    Definitions.

8.25.020    Duty of owner to remove weeds and waste.

8.25.030    Duty of owner to keep premises clean.

8.25.040    Enforcement.

    Prior legislation: Ords. 49, 1055, 1190 and 2004.

8.25.010 Definitions.

“Common area” means the entire common interest development as defined in Cal. Civ. Code § 1351, except the separate interests therein, or any area defined as a “common area” within a homeowners’ association’s declaration of covenants, conditions and restrictions.

“Enforcement officer” means the city manager. For purposes of the provisions of this chapter dealing with removal and destruction of weeds and waste, “enforcement officer” includes any person who, pursuant to contract with the city, is authorized to abate nuisances.

“Fire hazard” means any condition which increases or may cause an increase in the degree of danger from fire over that which is customarily recognized as normal by persons in the public service of preventing or extinguishing fire. It shall also mean any condition or any act which may obstruct, delay or hinder, or may become the cause of an obstruction, delay or hindrance to the prevention, suppression or extinguishment of fire.

“Homeowners’ association” means any California corporation, nonprofit mutual benefit corporation or unincorporated association organized for the purpose of controlling, managing or maintaining the common areas of a common interest development defined in Cal. Civ. Code § 1351.

“Nuisance” as used in this chapter means any condition or use of premises or of building exteriors which is detrimental to the property of others or which poses an immediate or potential health, safety or fire hazard. This includes, but is not limited to, the keeping of, or depositing on, or the scattering over the premises of the following:

(1)    Weeds, grass, dead trees, lumber;

(2)    Rubbish, refuse, junk, trash, debris, garbage;

(3)    Waste material;

(4)    Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers.

“Person” means any individual, firm, partnership, corporation, association or any other organization or entity, however defined.

“Property” means all residential, industrial, commercial, agricultural and other real property, including but not limited to front yards, side yards, rear yards, driveways, walkways, alleys, common areas and sidewalks, and shall include any building, wall, fence or other structure, whether fixed or moveable, located on such property.

“Property owner” means any individual or legal entity having legal record ownership of the subject property, or effective possession or control of the property, or the individual having responsibility for maintenance or management of the subject property, including but not limited to fee owners, lessees, occupants and homeowners’ associations. A homeowners’ association or a property management company which exercises control or management over a common area shall be deemed an owner of such common area.

“Weeds” as used in this chapter means all weeds growing upon streets, alleys, sidewalks or private property in the city and includes any of the following:

(1)    Weeds which bear or may bear seeds of a downy or wingy nature;

(2)    Sagebrush, chaparral, weeds, indigenous grasses or any other brush which may attain large growth as to become a fire hazard as determined by the enforcement officer;

(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)    Accumulation of dry grass, stubble, brush, litter, garden refuse, cuttings and other combustible trash which endangers the public safety by creating a fire hazard. (Ord. 2276 § 2, 2-3-98. 1990 Code § 4-1100.)

8.25.020 Duty of owner to remove weeds and waste.

It shall be the duty of the property owner of land improved or unimproved to immediately remove, upon notice by the enforcement officer, any nuisance from the public right-of-way abutting or adjoining such parcel of land, including but not limited to all grass, weeds, dead trees, tin cans, rubbish, refuse, and waste material or other insanitary or dangerous substances or objects. (Ord. 2276 § 2, 2-3-98. 1990 Code § 4-1101.)

8.25.030 Duty of owner to keep premises clean.

It shall be the duty of the property owner, agent, lessee or other person occupying or having charge or control of any parcel of land, improved or unimproved, to keep such parcel of land free from all nuisances thereon, including, but not limited to, grass, weeds, tin cans, rubbish, refuse and waste material of any kind, and other insanitary substances or objects which may endanger or injure neighboring property or the health, safety or welfare, or be offensive to the senses, of the residents of the vicinity of such property. (Ord. 2276 § 2, 2-3-98. 1990 Code § 4-1102.)

8.25.040 Enforcement.

The provisions of this chapter shall be enforced in the manner provided in Chapter 8.60. (Ord. 2276 § 2, 2-3-98. 1990 Code § 4-1103.)