Chapter 8.12
GARBAGE, REFUSE AND WEEDS

Sections:

8.12.010    Deposit of debris, garbage or refuse unlawful.

8.12.020    Noxious vegetation and/or dangerous substances to be removed.

8.12.030    Annual inspection – Notice requiring removal.

8.12.040    Notice – Service – Lien.

8.12.050    Disposal of nonperishable or offensive garbage.

8.12.060    Violation – Penalty.

8.12.010 Deposit of debris, garbage or refuse unlawful.

It is unlawful for any person, firm or corporation to deposit any debris, garbage or refuse upon any private property in the city of Culver. [Ord. 700 § 1, 1985.]

8.12.020 Noxious vegetation and/or dangerous substances to be removed.

A. It is unlawful for the owner, person in possession or agent of the owner of any lot, tract or parcel of land in the city of Culver to permit weeds, sagebrush, grass more than 10 inches in height or other noxious vegetation or any other thing likely to cause fire, to grow or remain on said lands; and it is unlawful for said persons to permit any stagnant water, filth, rubbish, waste material, old cans, bottles, glass or any other substance which may endanger or injure neighboring property, passersby or the health, safety or welfare of the public, to exist or remain on said lands and it shall be the duty of said persons to remove the same forthwith; provided, that nothing herein contained shall be considered to apply to bushes, trees, shrubbery and/or other vegetation grown for food, fuel or ornament; provided, that the health and safety of the public be not thereby endangered by the maintenance of such growth or vegetation.

B. Any person whose duty it is to remove such thing and who fails to do so shall be subject to the penalties provided by this chapter.

C. Any of the abovementioned things, existing while there is a duty to remove the same, shall constitute a nuisance. [Ord. 700 § 2, 1985.]

8.12.030 Annual inspection – Notice requiring removal.

An annual inspection of property shall be made by the city police on and following April 15th, June 1st and August 15th of each year and if such a nuisance be then found to exist, the police shall give written notice requiring the removal thereof. [Ord. 700 § 3, 1985.]

8.12.040 Notice – Service – Lien.

Such notice shall be served upon such owner, agent and/or occupant in person if he shall be found upon said premises or within the city of Culver, and in case said owner, agent and/or occupant cannot be found in person within the city after reasonable diligence and inquiry, such notice shall be posted in a conspicuous place upon said premises, and a copy thereof mailed to the last known post office address of such owner, agent or occupant, if any such address is known, and return of service shall be filed with the recorder; and if at the end of 10 days from the giving of such notice such owner, agent and/or occupant shall have failed and neglected to cut and remove such vegetation, the police of Culver shall cause the same to be done and shall file with the council a verified itemized statement of the expenditure occasioned thereby. The recorder shall cause notice to be served upon the owner, agent or occupant in the manner hereinbefore described, that such statement will be considered and determined by the council and a lien declared upon the property involved. The time of which meeting shall be specified in the notice, more than 10 days from the giving of the same, and the council shall at such meeting hear any objection to such statement, and by ordinance determine the correctness of the same, and declare such corrected amount a lien upon the property benefitted and instruct the recorder to enter the same upon the city docket of liens in the same manner and with the same effect that street improvement liens and sewer liens are entered, and said lien shall have the same force and effect as such street improvement and sewer liens, and shall be foreclosed in the same manner. [Ord. 700 § 4, 1985.]

8.12.050 Disposal of nonperishable or offensive garbage.

Every person in the city of Culver shall dispose of all perishable garbage and garbage which may become offensive, or may have become offensive, within one week from the time of its production and shall keep the same in a fly-tight container and all persons shall at least once each month dispose of all nonperishable and nonoffensive garbage and shall not permit the same to accumulate upon or about premises in said city of Culver and shall dispose of the same either by burning, burying in such a manner as to not create a nuisance or by hauling or causing the same to be hauled to the county dump ground. All garbage disposed of by hauling to the county dump ground shall be deposited in the pit provided for that purpose and shall not be deposited upon the ground in the vicinity of such pit. [Ord. 700 § 5, 1985.]

8.12.060 Violation – Penalty.

Any person violating any of the provisions of CMC 8.12.010, 8.12.020 and 8.12.050 or who maintains a nuisance after being notified to remove the same as provided in CMC 8.12.040 shall be guilty of a Class A infraction and upon conviction thereof shall be punished by a fine of not more than $500.00. [Ord. 700 § 6, 1985.]