Chapter 8.08
WEEDS AND RUBBISH1
Sections:
8.08.010 Nuisance declared – Abatement.
8.08.060 Removal by city required.
8.08.070 Cost of removal by city.
8.08.080 Record of work performed by city.
8.08.090 Appeal from determination of cost.
8.08.110 Collection of city costs.
8.08.010 Nuisance declared – Abatement.
All weeds growing upon any private property or in any public street or alley within the city and bearing seeds of wingy or downy nature for which, because of having attained such a large growth and being dry, shall have become a fire menace, or which are or are likely to become a fire menace or are otherwise noxious or dangerous, shall constitute a public nuisance, which nuisance shall be abated as provided in this chapter. Every property owner shall remove or destroy such weeds and/or debris on his/her property, on all sides of his/her property, including those sides next to, adjoining, or having commonality with public property, and on the abutting half of the street in front of, and alleys behind, if any, such property. (Ord. 18-13 § 1; Ord. 93-9 N.S. § 1, 1993; Ord. 88-5 N.S. § 1, 1988).
8.08.020 Date for removal.
This council by resolution shall establish how removal must be accomplished and the methods and materials to be used. (Ord. 88-5 N.S. § 1, 1988).
8.08.030 Notice – Required.
It is declared to be the duty of the fire marshal to notify any person failing to comply with the provisions of BMC 8.08.010 by written notice served in the manner hereinafter provided. (Ord. 88-5 N.S. § 1, 1988).
8.08.040 Notice – Contents.
Notice required by this chapter shall be given by posting or certified mailing of a notice in substantially the following form:
NOTICE TO ABATE PUBLIC NUISANCE
NOTICE IS HEREBY GIVEN that Benicia Municipal Code Sections require you as the owner(s) of the real property identified as parcel # ________________ to remove the seasonal and recurrent brush, grass, berry vines, trash, weeds, dead or dying trees, and other accumulations that hinder cleaning of properties or interfere with fire fighting operations, which are considered a public nuisance, and which are existing on your property; on all sides of your property, including those sides next to, adjoining, or having commonality with public property; or, the abutting half of the street in front of and alleys, if any, behind such property.
Specifically, the following work must be completed by ______________ or the Fire Marshal will perform the work and charge the cost (plus an administrative fee) to you as a property owner. The total charge is estimated to be $________________. On or about August ________, the Fire Marshal will have in his/her office, available for public review, a report and assessment on abatement of weeds for your property. If the bill is not paid, the charge will become a lien against the property and collected at the same time and manner that other property taxes are collected.
You may appeal this order to the Fire Chief by filing a written statement of appeal with the City Clerk of the City of Benicia within ten (10) days after this notice is posted on your property or from the date you receive the mailed notice, whichever is later.
POSTED ON: _______________ (DATE)
NO. _____________ _____________
Fire Marshal
(Ord. 18-13 § 2; Ord. 93-9 N.S. § 2, 1993; Ord. 88-5 N.S. § 1, 1988).
8.08.050 Appeal from notice.
Within 10 business days from the time of posting of the notice required pursuant to BMC 8.08.040, or within 10 business days from the date of the service of certified mail, whichever is later, the owner of, or any person interested in, the property, land, or lot affected by such notice may appeal to the fire chief, in accordance with Chapter 1.44 BMC, from the requirements thereof. Such appeal shall be in writing and shall be filed with the city clerk. The fire chief shall hold a meeting with the person appealing and the fire chief shall proceed to hear and pass upon such appeal. The decision thereon shall be final and conclusive. (Ord. 07-36 § 1; Ord. 88-5 N.S. § 1, 1988).
8.08.060 Removal by city required.
Unless within the time specified in the notice provided for in BMC 8.08.040, or in case of appeal to the fire chief, within 10 days from the date of the determination thereof (unless the appeal is sustained), the weeds, grass, brush, rubbish or trash, as the case may be, are removed from said property, land or lot, as directed by said notice, or by the fire chief on appeal, the fire chief shall thereupon remove or cause the same to be removed. If upon appeal the requirements of the original notice are modified, the fire chief in removing or causing to be removed such weeds, grass, brush, rubbish or trash shall be governed by the determination of the fire chief so made. (Ord. 88-5 N.S. § 1, 1988).
8.08.070 Cost of removal by city.
Any expense which the city incurs as a result of having weeds, grass, brush, rubbish or trash, as the case may be, removed, shall be charged to the property owner, and in addition to the actual expense incurred there shall be charged to said owner an overhead charge of 10 percent of the removal costs with a minimum charge of $40.00, each occurrence, per parcel, to defray the costs of inspection and mailing of notices. (Ord. 88-5 N.S. § 1, 1988).
8.08.080 Record of work performed by city.
A. The fire marshal shall keep, or cause to be kept, in his/her office a permanent record book showing the description of each piece of property or lot from which weeds, grass, brush, rubbish or trash are removed under the provisions of this chapter; the name of the owner thereof, if known; the date of posting of notice herein provided for, the date of certified mail service, and in case of appeal, the date of the determination of the fire chief; the expenses incurred in the removal of such weeds, grass, brush, rubbish or trash; and overhead charge of 10 percent of the removal fee with a minimum of $40.00, each occurrence, per parcel.
B. On or about August 1st of each year, the city clerk shall post on the bulletin board near the entrance door to City Hall and publish in a newspaper of general circulation two times (once each week in consecutive weeks), a notice in substantially the following form:
NOTICE OF HEARING ON APPEAL OF ASSESSMENTS
NOTICE IS HEREBY GIVEN that on ___________________, 20____, the Fire Marshal of the City of Benicia has filed in his office a report and assessment on abatement of weeds and/or debris within said City. The list of properties is set out below or attached hereto.
NOTICE IS FURTHER GIVEN that on ________________, 20_____, at the hour of ____ o’clock p.m., in the Council Chambers of said City Hall, the City Council of said City will consider the appeal filed by any persons having any objections to said report and assessment list, or to any matter or thing contained therein. Any appeal must be filed with the City Clerk by August 10 in order to be considered by the Council. Said appeal must be in writing and state the reasons for the appeal.
DATED: _______________, 20____
City Clerk of the City of Benicia
(Ord. 88-5 N.S. § 1, 1988).
8.08.090 Appeal from determination of cost.
A. At any time prior to the tenth day of August next occurring, any person affected or aggrieved by any action or determination of the fire chief concerning costs incurred under this chapter may appeal said action by filing notice thereof in writing to the city clerk.
B. At the next regular meeting of the council after the tenth day of August, it shall proceed to hear and pass upon such appeal on the matter of costs and its determination thereupon shall be final and conclusive and the fire chief shall carry out any directions of the council made upon appeal and shall cause appropriate directions and entries to be made in his/her record book to conform therewith. (Ord. 88-5 N.S. § 1, 1988).
8.08.100 Lien for costs.
At the expiration of the time for appeal provided for in BMC 8.08.080 or upon the determination of the council upon appeal and on compliance with the requirements of any determination so made, such amounts so expended and charges therewith shall become a lien against the respective property and the fire chief shall deliver to the finance director an abstract of the entries in the record books herein provided to be kept by him/her for said costs, showing the property affected and the amount charged against the same. (Ord. 88-5 N.S. § 1, 1988).
8.08.110 Collection of city costs.
The city finance director shall thereupon note the amounts of each such charge on the assessment books of the city after the amount of taxes assessed against the respective lots to the county auditor. Thereafter the amount of each such charge shall be collected in the same manner and at the same time as city taxes, and if not so paid, the same penalties shall be added as are now or may hereafter be added to delinquent taxes, and thereafter the property upon which it is a lien shall be sold and be subject to redemption in the same manner as property, land or lot, the charge against which has been paid prior to the delivery to the city finance director of said abstract, but in such case an appropriate entry shall be made in said record book by said fire marshal showing that such charge has been paid. (Ord. 88-5 N.S. § 1, 1988).
8.08.120 Remedies cumulative.
The remedies provided herein are cumulative to all other remedies provided by law. (Ord. 88-5 N.S. § 1, 1988).
For statutory provisions on abatement of hazardous weeds generally, see Health and Safety Code § 14875 et seq.
Prior legislation: Ords. 208-C M.C. and 87-19 N.S.