Chapter 8.28
WEEDS AND RUBBISH
Sections:
8.28.010 Nuisance--Designated.
8.28.030 Abatement--Notice to property owners.
8.28.050 Abatement by city--Procedure.
8.28.060 Abatement by city--Account keeping.
8.28.070 Abatement by city--Assessment.
8.28.010 Nuisance--Designated.
All weeds growing upon the streets or sidewalks or upon private property within the city which bear seeds of a wingy or downy nature, or attain such a 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, may be declared to be a public nuisance by the city council and may be abated as provided in this chapter. (Ord. 372 §1, 1960)
8.28.020 Nuisance--Declared.
A. Whenever such weeds are growing upon any street or sidewalk or private property, or whenever rubbish, refuse, or dirt is upon any street, parkway, sidewalk or private property, the city council, may, by resolution, declare the same to be a public nuisance. The resolution shall refer to the street by the name under which it is commonly known and describe the property upon which or in front of which, said nuisance exists, by giving the lot and block number of the same, according to the official map or the assessment map of such city used for describing property on tax bills, and no other description of the property shall be required.
B. Any number of streets, sidewalks or parcels of private property may be included in any one and the same resolution. (Ord. 372 §2, 1960)
8.28.030 Abatement--Notice to property owners.
A. After the passage of the resolution, the community development department shall cause to be mailed to each person entitled to notice under Government Code Section 39567.1, a notice captioned "Notice to Destroy Weeds and to Remove Rubbish, Refuse and Dirt," substantially in the following form:
NOTICE TO DESTROY WEEDS AND TO REMOVE
RUBBISH, REFUSE AND DIRT
Notice is hereby given that on the ____________ day of _______________, 20____, the City Council of Lakeport passed a resolution declaring that: if noxious or dangerous weeds are growing upon, or in front of, the parcel of property designated by this notice; if rubbish, refuse, and/or dirt are upon, or in front of, the parcel of property noted here (and more particularly described in Exhibit A of the above Resolution); such weeds, rubbish, refuse and/or dirt constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and/or dirt. Otherwise, they will be removed by the municipal authorities to abate the nuisance, and the cost of removal will be assessed upon the parcels from or in front of which the weeds, rubbish, refuse, and/or dirt are removed; and, a lien for such cost will be placed upon the property until paid.
Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the Office of the City Clerk, 225 Park street, Lakeport, CA. Any property owner having an objection to the proposed removal of the weeds, rubbish, and/or dirt, is hereby notified there will be a meeting of the city council of the City of Lakeport on the ______ day of ________________, 20___, at the hour of _______ p.m., when objections will be heard and given due consideration. The City encourages property owners to have a regular maintenance program which will prevent hazards to the public safety. In particular with regard to weeds, it is required that weed abatement must be performed at least once between May 1 and no later than June 1, 20___, in order to reduce the hazard from regrowth of weeds during the late fire season. Written notification must be returned to the City by _________, 20___, by property owners who intended to arrange for private abatement. (Return notification form provided on lower section of this notice.)
Dated this ________ day of ___________, 20_____.
B. Said notices shall be mailed by the community development department at least ten days prior to the time of hearing of objections by the city council. (Ord. 917 §1(part), 2018: Ord. 734, 1992: Ord. 372 §3, 1960)
8.28.040 Abatement--Hearing.
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. 372 §4, 1960)
8.28.050 Abatement by city--Procedure.
A. 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 community development director, or such other public officer as the city council may designate, to abate said nuisance by having the weeds, rubbish, refuse and dirt referred to removed, and his or her assistants or deputies are authorized to enter upon private property for that purpose.
B. 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 community development director, or such other public officer so designated or his or her representative to do the same.
C. Removal of weeds, or other fire hazards may be done by control burning when the same may be done without danger to property or life and subject to the issuance of permits therefor, or under the control of the fire department of the city. (Ord. 917 §1(part), 2018; Ord. 372 §5, 1960)
8.28.060 Abatement by city--Account keeping.
The community development director or such other public official so designated shall keep an account of the cost of abating such nuisance in front of or on each separate lot or parcel of land where the work is done by his or her 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 said report is submitted to said 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. 917 §1(part), 2018: Ord. 372 §6, 1960)
8.28.070 Abatement by city--Assessment.
A. The city council shall thereupon confirm said costs, if the same is fair and reasonable.
B. The city council shall cause a report to be made as of June 30th of each year to the county auditor, who shall enter the amounts of the respective assessments on the tax roll opposite the respective parcels of land, and the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties, the same procedures upon foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of county taxes are made applicable to such special assessment taxes. The same shall be identified as a weed and rubbish abatement tax.
C. The city council shall, and is granted the alternate means of collecting the assessments so determined, as provided by Section 39587 of the Government Code of the state, and such assessment, when determined as herein provided, or as provided by Chapter 13, Title 4, Division 3 of the Government Code, is determined to be a lien upon the real property in each instance, and upon election of the city council, to use such alternate procedure by inclusion of such determination in its report of costs, and the resolution may thereupon authorize the sale of the property or properties so affected by the lien, thus established by such city official as may be designated in the resolution in the manner provided for the satisfaction of liens on real property by law. (Ord. 421 §1, 1966; Ord. 372 §7, 1960)
8.28.080 Violation--Penalty.
Any person maintaining such nuisance, or suffering or permitting such nuisance to exist, after notice given of the existence of the same as provided in this chapter, and after determination thereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 372 §8, 1960)