Chapter 16.21
ABATEMENT OF RECURRING WEEDS

Sections:

16.21.010    Seasonal and recurrent weeds – Declaration of public nuisance preventive abatement.

16.21.020    Notice of recurrent nuisance – Posting required.

16.21.030    Notice of recurrent nuisance – Location for posting – Number.

16.21.040    Seasonal and recurrent weeds – Notice – Form.

16.21.050    Alternative method of giving notice of recurrent nuisance.

16.21.010 Seasonal and recurrent weeds – Declaration of public nuisance preventive abatement.

A. In the event that the code enforcement officer should find noxious or dangerous weeds which are seasonal and/or recurrent nuisances situated upon any street, parkway, sidewalk or private property in the city of Bell Gardens, the city council may, by resolution, declare the seasonal and/or recurrent weeds to be a public nuisance and may authorize abatement of such seasonal and/or recurrent nuisances in accordance with this chapter. Any number of streets, parkways, sidewalks or parcels of private property may be included in one resolution.

B. Upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within a one-year period form the date of said resolution, no further hearings need to be held and it shall be sufficient to mail a postcard notice to the owners of the property as they and their addresses appear upon the current assessment roll. The notice shall, in addition to containing all other matters required by this chapter, state that noxious or dangerous weeds of a seasonal and/or recurrent nature are growing on or in front of the property.

C. In the event that the city council finds and declares that weeds on a specified parcel or parcels of property are a seasonal and/or recurrent nuisance, and the city is once required to abate such nuisance, then before and during the next germinating season of such weeds, the city may provide for the preventive abatement of such nuisance by using chemical control of such weeds.

D. In the event that the city determines to provide for preventive abatement of weeds by using chemical control, the notice required by this section shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds and that the city may require preventive chemical control of such nuisance. (Ord. 704 § 2, 1998).

16.21.020 Notice of recurrent nuisance – Posting required.

After passage of the resolution, the code enforcement officer, or a duly authorized representative of the code enforcement officer, shall conspicuously post notices, or cause notices to be conspicuously posted, on or in front of the property on or in front of which the nuisance exists. The notice shall be posted no later than the sixth day prior to the date of the hearing before the city council. (Ord. 704 § 2, 1998).

16.21.030 Notice of recurrent nuisance – Location for posting – Number.

At least one notice shall be posted on or in front of each lot or parcel of land on or in front of which the nuisance exists. If any such lot or parcel is more than 100 feet in width, one extra notice shall be posted on or in front of such lot or parcel for each additional 100 feet of width or portion thereof. Whenever more than one notice is required to be posted on or in front of one lot or parcel, such notices shall be not more than 100 feet apart. (Ord. 704 § 2, 1998).

16.21.040 Seasonal and recurrent weeds – Notice – Form.

The posted notice to destroy seasonal and recurrent weeds shall be substantially in the following form:

NOTICE TO DESTROY SEASONAL AND RECURRENT WEEDS

NOTICE is hereby given that on _________, 20__, the Council of the City of Bell Gardens adopted a resolution declaring that noxious or dangerous weeds which are seasonal and recurrent nuisances are situated upon or in front of the property on this street in Bell Gardens, California, and more particularly described in the resolution, and that such constitutes a public nuisance which shall be abated by removal of the weeds. The efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, and the City of Bell Gardens may therefore require preventive chemical control of such nuisance. If the nuisance is not removed or abated by the property owner, it shall be abated and may be chemically treated by the City of Bell Gardens and the cost and expense of removal, abatement, and chemical treatment assessed upon the land from or in front of which the weeds are removed or treated by preventive chemical control, and such cost will constitute a lien upon such land until paid. Reference is hereby made to said resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk of the City of Bell Gardens, City Hall, Bell Gardens, California.

All property owners having any objections to the proposed removal of such weeds and proposed preventive chemical control are hereby notified to attend a meeting of the Bell Gardens City Council, in the Council Chambers, City Hall, 7100 South Garfield Avenue, Bell Gardens, California, on __________, 20__, at the hour of __ p.m., or as soon thereafter as the matter can be heard, when their objection will be heard and be given due consideration.

Dated: ________, 20__.

City of Bell Gardens Code Enforcement Officer

(Ord. 704 § 2, 1998).

16.21.050 Alternative method of giving notice of recurrent nuisance.

A. As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the city council may direct the code enforcement officer to mail, or the code enforcement officer without such direction may in his or her discretion mail, written notice of the proposed abatement to all persons owning property described in the resolution. The code enforcement officer, if this alternative method of giving notice is followed, shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the city council. The addresses of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notices.

B. Said notices, if mailed as aforesaid, shall be deposited in the United States Mail no later than the sixth day prior to the day for hearing objections by the city council.

C. Any notices mailed pursuant to this section shall be substantially in the form provided by BGMC 16.21.040, except that the notices shall be signed by the city clerk. (Ord. 704 § 2, 1998).