Chapter 17.12
WEED CONTROL
Sections:
17.12.030 Concurrent authorities.
17.12.090 Removal of hazardous weeds.
17.12.095 Costs of abatement – Confirmation.
17.12.100 Costs – Assessments.
17.12.105 Penalty – Infraction.
17.12.010 Findings.
The city council finds and declares that the uncontrolled growth and/or accumulation of grass, weeds or other materials or obstructions on sidewalks, streets, and on lands or lots is dangerous or injurious to neighboring property and the health or welfare of residents of the vicinity and is a public nuisance in that it creates a condition that reduces the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harbor for rodents and insects and is injurious to the health, safety and general welfare. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.020 Definitions.
As used in this chapter:
“Accumulation of weeds” includes, but is not limited to, permitting or allowing the growth of weeds.
“Garbage” includes, but is not limited to, the following: waste resulting from the handling of edible foodstuffs or resulting from decay, and solid or semisolid putrescible waste, and all other mixed, nonrecyclable wastes which are generated in the day-to-day operation of any business, residential, governmental, public or private activity, and may include tin cans, bottles and paper or plastic, or other synthetic material, food or beverage containers.
“Refuse” includes rubbish and garbage, as defined herein.
“Rubbish” includes all the following, but is not restricted to: nonputrescible wastes, such as paper, cardboard, grass clippings, tree or shrub trimmings, wood, bedding, crockery, rubber tires, construction waste and similar waste materials.
“Weeds,” as used in this chapter, includes any of the following:
1. Weeds which bear seeds of a downy or wingy nature;
2. Sagebrush, chaparral, and any other brush or weeds which attain such hard growth as to become, when dry, a fire menace to adjacent improved property;
3. Weeds and grasses which are otherwise noxious;
4. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;
5. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard;
6. Weeds and grasses exceeding eight inches in height. [Ord. 12-2022 § 3 (Exh. A), 2022; Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.030 Concurrent authorities.
This chapter is not the exclusive regulation for weed and refuse abatement within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.040 Enforcement.
The enforcement official shall have authority to enforce this chapter and issue citations for violations. For purposes of this chapter, the “enforcement official” may be:
A. The city manager or his/her designee;
B. The director of code enforcement for the city; and/or
C. The chief of the Sacramento metropolitan fire district or his/her designee, which may include the Sacramento County fire warden. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.050 Prohibited conduct.
A person shall not dump weeds or refuse, nor shall he permit the dumping of weeds or refuse, nor shall he permit the accumulation of weeds or refuse, on his property or on any other property in such a manner as to constitute a fire hazard. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.060 Firebreak required.
All dry grass, brush, vines or other dry vegetation shall be cleared for an area of not less than 30 feet from all structures, combustible fences, vehicles and combustible storage. The enforcement official may require additional clearances when topographical or geographical conditions warrant said action. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.070 Inspection.
The enforcement official, or personnel acting under his or her direction, may enter upon private or public property whenever necessary to enforce or administer the provisions of this chapter; provided, however, that this right of entry and inspection shall not be construed to grant the right to enter into any dwelling or appurtenances thereto which may be located on the land. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.075 Removal required.
The owner, lessee or occupant of buildings, grounds, or lots within the city shall remove from such property and adjacent streets refuse, rubbish and weeds growing or accumulated thereon in accordance with procedures and methods prescribed by the enforcement official. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.080 Abatement notice.
Proceedings under this chapter shall commence when a violation of this chapter is identified and notice is given in the manner prescribed as follows. The enforcement official shall mail written notice to each person that has an ownership interest in the property to which the violation pertains. Ownership interest shall be determined based on the last equalized assessment roll available on the date of mailing of the notice. Notification shall also be accomplished by posting on the property where the owner’s mailing address is not available or not current.
The contents of written and posted notices shall include the following:
A. A description of the property by reference to the assessor’s parcel number as used in the records of the county assessor, and by reference to the common name of a street or road upon which the property abuts, if the property abuts upon a road or street;
B. A statement that there are weeds, rubbish or refuse upon the property;
C. A request that such weeds, rubbish or refuse be removed or abated by a date certain, which shall not be less than 15 calendar days following the mailing or posting of the notice;
D. A statement that the weeds, rubbish or refuse may be removed under authority of the city and the costs of such removal and abatement made a legal charge against the owner or owners of the property, a lien on the property and subject to collection with property taxes as specified under Sections 39501, 39502, 38773.1 and 38773.5 of the Government Code;
E. A statement referencing the right to appeal the enforcement official’s determination; and
F. With respect to notices which are posted, a title which reads “Notice to Remove Weeds, Grass, Noxious Vegetation, Rubbish and Other Obstructions,” the letters of the foregoing title to be not less than one inch in height.
Notices which are posted shall be conspicuously posted in front of the property, or if the property has no frontage upon a road or street, then upon a portion of the property nearest to a road or a street most likely to give actual notice to the owner. Notices shall be posted not more than 100 feet in distance apart upon property with more than 200 feet of frontage, and at least one notice shall be posted on each parcel with 200 or less feet of frontage. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.085 Appeal.
Any person who is adversely affected by the notice set forth in RCMC 17.12.080 may appeal such notice by requesting an appeal hearing in writing within 15 days of the date of the notice. Timely appeal shall stay any further action for removal or abatement until the date set for hearing, unless the weeds at issue present an imminent fire hazard within 100 feet of any property containing a structure. The enforcement official shall set the matter for hearing before a hearing examiner selected in accordance with RCMC 16.18.204. The appellant shall be provided with notice of the appeal hearing at least 15 days prior to the hearing date. The appellant shall have the right to appear in person or by agent, designated in writing, at the hearing and present oral, written and/or photographic evidence. The order of the hearing examiner denying or granting the appeal shall be issued within 15 days of the date of the hearing. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.090 Removal of hazardous weeds.
If compliance has not been accomplished at the end of the time allowed for compliance in the original notice, or as extended by administrative agreement or the hearing examiner, the enforcement official that issued the notice may order such weeds or other flammable vegetation to be removed by the Sacramento metropolitan fire district or the city of Rancho Cordova or by private contractor selected by the city. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.095 Costs of abatement – Confirmation.
When proceedings under this chapter result in the removal of weeds, rubbish or refuse from property subsequent to the date specified in any notice issued pursuant to the provisions of RCMC 17.12.080, prorated administrative costs of such proceedings incurred by the Sacramento metropolitan fire district or the city of Rancho Cordova and the actual cost of removal, if removal is undertaken by the Sacramento metropolitan fire district or the city of Rancho Cordova or its contractor, may be assessed against the property. Such administrative costs may include those incurred in inspecting property, publication, mailing and posting of notices, preparation of contracts, review of bids by contractors, and administration of contracts. It is the purpose of this section to allow the assessment against property of prorated administrative costs of proceedings if weeds, rubbish or refuse are ultimately removed from property subsequent to the date specified in any notice issued pursuant to the provisions of RCMC 17.12.080, whether such removal is undertaken by the owner or occupant of the property or by the Sacramento metropolitan fire district, the city of Rancho Cordova or its contractor.
The enforcement official shall keep an account of the administrative and removal costs of abatement, and shall submit to the city council for confirmation an itemized written report showing such unpaid costs and their proposed assessment to the respective properties. The report shall be filed with the city clerk not later than 15 calendar days in advance of the confirmation hearing required below.
Upon receipt of the report, the city clerk shall schedule a public hearing to receive protests and confirm the report. A statement of the proposed assessment and notice of the time, date and place of the hearing, together with reference to the report on file with the clerk, shall be mailed to the owner or owners of each parcel of property proposed to be assessed shown on the last equalized assessment roll available on the date of mailing of the notice to the address or addresses of the owner or owners shown on the roll or any other address or addresses ascertained to be more accurate. Such notice shall be mailed not later than 15 calendar days in advance of the hearing. Notice of the time, date and place of the public hearing by the city council shall be published once in a newspaper of general circulation published within the city. With respect to each property proposed to be assessed for which the name of the owner or owners is not shown on the last equalized assessment roll or no address for an owner is shown on the last equalized assessment roll, the notice shall show the name or names of the owner or owners if such name or names are shown on the last equalized assessment roll, the assessor’s parcel number, the street address of the property if the property has an address and the address is known to the enforcement official, the name of the street or road upon which such property abuts if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report on file with the city clerk. Such publication shall be made not later than 15 calendar days in advance of the hearing.
At the time fixed for receiving and considering the report, the city council shall conduct a public hearing and shall receive and consider any objections from members of the general public or property owners liable to be assessed for the abatement. The city council may continue the hearing and delegate to the city manager or his designee the responsibility of hearing individual protests and submitting a recommendation with respect thereto; provided, that the city council provides an opportunity for individual consideration of each project upon receipt of the recommendation by the city manager or his or her designee. The city council may modify the report if it is deemed necessary. The city council shall then confirm the report by motion or resolution. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.100 Costs – Assessments.
A. If the costs as confirmed are not paid within 30 days of the date of mailing of the notice or date of publication pursuant to RCMC 17.12.080, such costs shall be assessed against the parcel of land as a nuisance abatement lien in accordance with Section 38773.1 of the Government Code and shall be transmitted to the office of the county recorder for Sacramento County for recordation. A lien authorized by this section shall specify the amount of the lien, that the lien is being imposed on behalf of the city of Rancho Cordova, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. Prior to recording of a lien authorized by this section, a notice of lien shall be issued in accordance with Section 38771.1(b) of the Government Code.
B. As an alternative to the lien procedure in subsection (A) of this section, abatement costs may be levied against the parcel of land as a special assessment in accordance with Section 38773.5 of the Government Code. Any special assessment imposed on real property pursuant to this section may 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 and the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property pursuant to this section shall be given to the property owner by certified mail, and shall contain the information set forth in Section 38773.5(c) of the Government Code. All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Section 38773.5(c) of the Government Code, shall be applicable to such special assessment.
C. If subsequent to the mailing of the notice of violation as set forth in RCMC 17.12.080, and prior to transmittal of the notice of unpaid costs to the county of Sacramento for collection as set forth in subsection (A) of this section, the property subject to the notice of violation is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice of violation was placed in the United States Postal System or posted on the property.
D. In addition to assessing the unpaid costs as provided in subsections (A) and (B) of this section, the city manager or his delegated representative may pursue any remedy provided by law for collection of the unpaid costs. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
17.12.105 Penalty – Infraction.
A. Notwithstanding the provisions of any other section of this code, violation of any of the provisions of this chapter, or failure to comply with any of the regulatory requirements of this chapter, is an infraction.
B. Every violation of this chapter is punishable by:
1. A fine not exceeding $100.00 for the first violation;
2. A fine not exceeding $200.00 for the second violation of the same provisions within one year; and
3. A fine not exceeding $500.00 for each additional violation of the same provisions within one year. [Ord. 40-2013 § 1; Ord. 46-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].