Chapter 8.16
ABATEMENT OF WEEDS AND RUBBISH

Sections:

8.16.010    Intent and purpose.

8.16.020    Definitions.

8.16.030    Weeds and rubbish prohibited.

8.16.040    Abatement procedure.

8.16.010 Intent and purpose.

Pursuant to the authority of Government Code Section 39501 et seq., the city council finds and declares that it is necessary to establish a procedure of the requiring and providing for the removal of weeds and rubbish from sidewalks, parking, or streets and from private property, and to provide for the cost of removal as a lien upon the subject property and for the enforcement of the lien by sale of the property. [Ord. 779 § 1, 1979.]

8.16.020 Definitions.

As used in this chapter:

A. “Weeds” includes, but is not limited to, weeds, when mature wingy or downy seeds, which will attain large growth as to become a fire menace when dry, or which or otherwise are noxious or dangerous.

B. “Rubbish” includes all putrescible or nonputrescible solid and semisolid waste, whether combustible or noncombustible, including both garbage and rubbish. [Ord. 779 § 1, 1979.]

8.16.030 Weeds and rubbish prohibited.

It is unlawful for the owner, agent, lessee or other person having charge or control of any piece or parcel of land within the city to allow weeds or rubbish to grow or to remain thereon, or upon the street or sidewalk in front of such piece or parcel of land. [Ord. 779 § 1, 1979.]

8.16.040 Abatement procedure.

In the event of a violation of PMC 8.16.030, the code enforcement officer shall proceed as follows:

A. Notice to Remove. The code enforcement officer is authorized to give written notice to the owner, agent, lessee or person having control of private property to order the removal of weeds or rubbish from the property or abutting public property within 10 days. The notice shall be by registered mail, addressed to the owner, agent or lessee or other person having control of the property at the last known address. If the written notice is returned to the post office because of inability to make delivery, the code enforcement officer shall cause a notice to be posted on the property allowing 10 days compliance with the order.

B. Request for Hearing. The notice shall also state the owner, agent, lessee or person having control of the property may within 10 days of the date of the notice request a public hearing regarding the intended abatement.

C. Action Upon Noncompliance. Upon the failure, neglect or refusal of the owner, agent, lessee or person having control of the property to request a hearing or remove the weeds and rubbish within 10 days of the date of the written or posted notice, the code enforcement officer is authorized to abate the nuisance by removal of the weeds and rubbish without holding a public hearing.

D. Costs of Abatement Billed to Property Owner. The city’s administrative costs and costs of removal of weeds and rubbish shall be billed to the property owner and are due and payable within 30 days of the date of the bill.

E. Cost of Abatement a Special Assessment. If the administrative costs and the costs of removal which are charged against the owner of the property are not paid within 30 days of the date of the bill, the costs shall be assessed against the parcel of real property pursuant to Section 38773.5 of the Government Code and shall be transmitted to the city clerk for collection. The assessment shall have the same priority and will be collected in the same manner as property and other city taxes. [Ord. 1021 § 1, 1991; Ord. 779 § 1, 1979.]