Chapter 8.20
ABATEMENT OF WEEDS AND RUBBISH
Sections:
8.20.020 Nuisance declared—Deposits on private property prohibited.
8.20.030 Removal and destruction—Requirements generally.
8.20.040 Removal and destruction—Notices.
8.20.050 Removal and destruction—Action by city.
8.20.060 Account and report of cost.
8.20.070 Notice of report and hearing.
8.20.080 Protest hearing and decision.
8.20.090 Payment of assessment.
8.20.010 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. “City” means the city of San Pablo.
B. “Persons” includes individuals, firms, partnerships and corporations.
C. “Rubbish” means waste matter, litter, trash, refuse, debris, and dirt, etc., which is or when dry may become a fire hazard, or which is or may become a menace to health, or which is offensive to the senses, or otherwise a public nuisance.
D. “Streets” include alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs.
E. “Weeds” mean weeds which when mature bear wingy or downy seeds, or which because of having attained such a large growth and being dry have become a fire menace, or which are otherwise noxious and dangerous to health. (Ord. 714 § 2, 1978)
8.20.020 Nuisance declared—Deposits on private property prohibited.
The city council declares that all weeds growing upon private property or streets in the city and all rubbish on private property or streets in the city are public nuisances. It is unlawful for any person owning, occupying, renting, managing, or controlling any real property in the city to deposit or cause to be deposited any rubbish, tree trimmings, earth, rock, garbage, ashes, or other debris upon private property in the city. (Ord. 714 § 1, 1978)
8.20.030 Removal and destruction—Requirements generally.
It is unlawful for any person owning, occupying, renting, managing or controlling any real property in the city to cause or permit weeds, or to place, or permit any rubbish to be or remain on any real property in the city or on portions of streets adjoining such real property to the centerline of such streets. It shall be the duty of every such person to remove or destroy such weeds at least twice a year on or about the months of April and August, upon notification by the city. The city reserves the right to enforce this provision more often when necessary. Destruction by burning within the city is unlawful. Rubbish shall be removed as necessary to prevent undue accumulation. The city may require removal at any time rubbish becomes a public nuisance. (Ord. 714 § 3, 1978)
8.20.040 Removal and destruction—Notices.
If the person or persons owning, occupying, renting, managing, or controlling any real property in the city fail to remove therefrom and from the portions of streets adjoining said property all weeds and rubbish in accordance with the provisions of this chapter, it shall be the duty of the public works director or his duly authorized representative to notify such person or persons to remove the same. Such notice shall be in writing and shall be deposited in the United States Post Office at San Pablo, California, with postage thereon prepaid and addressed to such owner at his last known place of address shown on the assessment roll of the city, and if no such address is there shown or is known, then to General Delivery, San Pablo. If such real property is occupied and the mailing address thereof is different from that of the owner as shown on the assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Such notice shall contain a description of said property, which description may be the number of the lot and block and the name of the map, tract, or subdivision in which said real property lies, or may be the street and number thereof, or may be any other description by which the said property may be described in one and the same statement or notice. Such notice shall also contain an estimate of the cost of the work if the city or the city’s contractor must do the work. (Ord. 714 § 4, 1978)
8.20.050 Removal and destruction—Action by city.
If the person or persons owning, occupying, renting, managing, or controlling real property in the city fail to remove or destroy weeds or rubbish in accordance with the notice given pursuant to the provisions of Section 8.20.040 within ten days after the mailing of such notice, it shall be the duty of the public works director and/or assistants, employees, contracting agents or other representatives, to destroy or remove such weeds or rubbish and they, and each of them, are expressly authorized to enter upon private property for such purpose and it is unlawful for any person to interfere, hinder or refuse to allow them to enter upon private property for such purpose to destroy or remove weeds or rubbish in accordance with the provisions of this chapter. Any person owning, occupying, renting, managing, leasing, or controlling real property in the city shall have the right to destroy or remove weeds or rubbish or have the same destroyed or removed at his own expense at any time prior to the arrival of the public works director or his authorized representatives for such purpose. (Ord. 714 § 5, 1978)
8.20.060 Account and report of cost.
The public works department shall keep an account of the cost to the city to destroy or remove weeds or rubbish as provided in Section 8.20.050 for each separate lot or parcel of land and the portions of streets adjoining the same and shall embody such account in a report and assessment list to the city council, which report shall be filed with the city clerk. Such report shall refer to each separate lot or parcel of land by a description reasonably sufficient to identify the same, together with the expense proposed to be assessed against it. (Ord. 714 § 6, 1978)
8.20.070 Notice of report and hearing.
The city clerk shall post a copy of the report and assessment list on the bulletin board near the entrance to the City Hall, together with the notice of the filing thereof and of the time and place when and where protests will be heard and when and where it will be submitted to the city council for hearing and confirmation. The city clerk shall mail to the person a notice, in the manner prescribed in Section 8.20.040, that weeds and/or rubbish have been destroyed or removed by the city. The notice shall specify the property proposed to be assessed and the cost. In addition, the notice shall specify the time when the city council shall meet to hear any objections and the notice shall further state the manner in which the assessment shall be paid. (Ord. 714 § 7, 1978)
8.20.080 Protest hearing and decision.
Any person who desires to protest shall file his protest in writing with the city clerk at least three working days before the date of the city council hearing. At the time and place fixed for receiving and considering the report, the city council may make such corrections or modifications in any proposed assessment of those who appear before the council which it may deem to be excessive or otherwise incorrect after which such assessment shall be confirmed by resolution of the council and the amount thereof shall constitute a lien on the property assessed until paid. The decision of assessment by the council shall be final and conclusive. (Ord. 714 § 8, 1978)
8.20.090 Payment of assessment.
Any person may pay the amount of such assessment for destruction or removal of weeds or rubbish on or before the fifteenth day following the date the confirmation of said assessment was made by the council. If the assessment is not paid on or before said date, the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the property, and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the city. (Ord. 714 § 9, 1978)