Chapter 8.08
ABATEMENT OF WEEDS AND WASTE MATTER*
Sections:
8.08.010 Declaration of dirt, weeds and rubbish as nuisance.
8.08.020 Nuisance declared--Resolution.
8.08.050 Notice--Mailing procedure.
8.08.060 Notice--Hearing--Decision by council.
8.08.070 Final action--Abatement.
8.08.080 Abatement costs--Report.
8.08.090 Costs--Weed abatement tax.
8.08.100 Alternate provisions--Notice.
* For statutory provisions on weed and rubbish abatement by cities, see Gov. Code §39501 et seq.; for provisions authorizing cities to declare and abate nuisances, see Gov. Code §38771 et seq.; for provisions on littering, see Penal Code §374 et seq.
8.08.010 Declaration of dirt, weeds and rubbish as nuisance.
All weeds growing upon the streets, sidewalks or upon private property within the city, which bear seeds of a wingy or downy nature, or attain such large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous; and all rubbish, refuse and dirt upon streets, parkways, sidewalks or private property within the city, are declared to be a public nuisance by the city council of the city of Kerman and may be abated as provided in this chapter. "Rubbish" as used in this chapter shall include, but not be limited to, abandoned or discarded furniture or furniture which is unsightly and detracts from the appearance of the immediate neighborhood, or which is likely to mildew, mold or attract vermin or other nuisances, where any of such furniture is located or found in an unenclosed space visible from a public right-of-way or other public place. (Ord. 03-11 §1, 2003: Ord. 82-08 (part), 1982: Ord. 191 §1(part), 1971: prior code §8-301).
8.08.020 Nuisance declared--Resolution.
Whenever such weeds are growing upon any street, sidewalk or private property, or whenever rubbish, refuse or dirt is upon any street, parkway, sidewalk or private property, the city engineer shall cause a notice of the public nuisance to be posted and mailed as provided in Sections 8.08.030, 8.08.040, and 8.08.050. (Ord. 82-08 (part), 1982: Ord. 191 §1(part), 1971: prior code §8-302).
8.08.030 Notice--Contents.
The city engineer shall cause to be conspicuously posted on and in front of the property on which or in front of which, such nuisance exists, one notice to each piece or parcel of property in separate ownership of not over fifty feet frontage, or not more than two notices to any piece or parcel of property of separate ownership with the frontage of one hundred feet or less. If the frontage of any piece or parcel or property in separate ownership is greater than one hundred feet, notices shall be posted not more than one hundred feet apart. Such notices shall be headed "Notice to Destroy Weeds and to Remove Rubbish, Refuse, and Dirt," such heading to be in words of not less than 1 inch in height and substantially in the following form.
NOTICE TO DESTROY WEEDS AND TO REMOVE RUBBISH, REFUSE AND DIRT
NOTICE IS HEREBY GIVEN THAT noxious or dangerous weeds were and are growing upon or in front of this property on this street, and/or that rubbish, refuse, and dirt were upon or in front of property on this street, in Kerman, and that they constitute a public nuisance which must be abated by the removal of the weeds, and/or rubbish, refuse and dirt. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse and dirt are removed and will constitute alien upon such land until paid.
All property owners having any objections to the proposed removal of such weeds and/or such rubbish, refuse and dirt are hereby notified to attend a meeting of the City Council of the City of Kerman to be held (give date), when their objections will be heard and given due consideration.
Dated this _______ day of _______, 19 ___
(Ord. 82-08 (part), 1982: Ord. 191 §1(part), 1971: prior code §8-303).
8.08.040 Notice--Posting.
The notices shall be posted at least five days prior to the time for hearing objections by the city council. (Ord. 82-08 (part), 1982: Ord. 191 §1(part), 1971: prior code §8-304).
8.08.050 Notice--Mailing procedure.
In addition to the notice requirements of Sections 8.08.030 and 8.08.040, if the property on which the nuisance exists consists of a vacant lot or a series of vacant lots or, if improved by a dwelling or other structure, is then unoccupied, the city clerk shall cause the notice prescribed by Section 8.08.030 (with a property description or assessor’s parcel number attached) to be mailed to the owner of the property as the owner’s name and address appear on the current assessment roll available on the date of posting notice. The notice shall be mailed at least five days prior to the time for hearing objections by the city council. (Ord. 82-08 (part), 1982: Ord. 191 §1(part), 1971: prior code §8-305).
8.08.060 Notice--Hearing--Decision by council.
At the time stated in the notices, the city council shall hear and consider all objections or protests, if any, to the proposed removal of weeds, rubbish, refuse and dirt, and may continue the hearing from time to time. Upon the conclusion of the hearing, the city council by motion or resolution shall allow or overrule any or all objections, whereupon the city council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the city council on the matter shall be deemed final and conclusive. (Ord. 82-08 (part), 1982: Ord. 191 §1(part), 1971: prior code §8-306).
8.08.070 Final action--Abatement.
After final action has been taken by the city council on the disposition of any protests or objections, or in case no protests or objections have been received, the city council, by motion or resolution, shall order the city engineer or such other public officer as the city council may designate, to abate the nuisance by having the weeds, rubbish, refuse and dirt referred to removed, and he and his assistants or deputies are authorized to enter upon private property for that purpose. Any property owner shall have the right to have any such weeds and rubbish, refuse and dirt removed at his own expense, providing the same is done, prior to the arrival of the city engineer or such other public officer so designated or his representatives to do the same. (Ord. 82-08 (part), 1982: Ord. 191 §1 (part), 1971: prior code §8-307).
8.08.080 Abatement costs--Report.
The city engineer or such other public official so designated, shall keep an account of the cost of abating such nuisance in front of each separate lot or parcel of land where the work is done by him or his deputies, and shall render an itemized report in writing to the city council showing the cost of removing such weeds, rubbish, refuse and dirt on each separate lot or in front thereof, or both; provided, that before the report is submitted to the legislative body a copy of the same shall be posted for at least three days prior thereto on or near the chamber door of the City Hall together with a notice of the date when the report shall be submitted to the legislative body for confirmation. (Ord. 82-08 (part), 1982: Ord. 191 §1(part), 1971: prior code §8-308).
8.08.090 Costs--Weed abatement tax.
The city council shall thereupon confirm costs, if the same is fair and reasonable. The city council shall cause a report to be made as of June 30th of each year to the county treasurer, which report shall show all parcels of property on or in front of which, or both, costs have been charged, and the report shall direct the county treasurer to enter the costs as a weed abatement tax against all of the respective parcels of real property, the entries to be made upon the assessment roll for the current fiscal year. (Ord. 82-08 (part), 1982: Ord. 191 §1(part), 1971: prior code §8-309).
8.08.100 Alternate provisions--Notice.
A. The city council may at the time of adopting the resolution provided for in Section 8.08.060 find and declare that the weeds on specified parcels of property are seasonal and recurrent nuisances in which event upon the second and any subsequent occurrence of such nuisance on the same property within the same calendar year, the notice and hearing requirements of Sections 8.08.030 through 8.08.070, may be dispensed with. In lieu thereof, the city clerk shall cause a postcard notice to be mailed to the owner of the subject property as the owner’s name and address appear on the current assessment roll, which notice shall be in substantially the following form:
"WEED ABATEMENT NOTICE
Notice is hereby given that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of your property in the City of Kerman described as follows:
(description of property)
Said weeds constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the City Authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that upon confirmation such cost will constitute a lien upon such parcel of lands until paid.
Dated this _______ day of _______, 20__
B. Five days subsequent to the mailing of the notice, the city shall acquire jurisdiction to abate the nuisance and assess the cost thereof against the property in the manner provided in Section 8.08.070 through 8.08.090. (Ord. 82-08 (part), 1982: Ord. 191 §1(part), 1971: prior code §8-3010).