Chapter 8.16
WEED CONTROL
Sections:
8.16.020 Keeping property free of weeds.
8.16.030 City cleanup authorized.
8.16.050 Hearing for abatement.
8.16.010 Applicability.
This chapter shall be applicable to all lands and premises situate within the municipal limits of the city. (Ord. 37 § 1, 1949)
8.16.020 Keeping property free of weeds.
It shall be the duty of each and every owner of parcels of real property, town lots, homesites, villa lots and lands immediately adjacent, lying within the municipal limits of the city to keep the premises so owned by him or her at all times free and clean of dry grass, weeds, stubble, brush, rubbish, litter and other inflammable material. (Ord. 37 § 2, 1949)
8.16.030 City cleanup authorized.
From time to time as necessary the city council shall by resolution authorize proper authority to enter upon and clean any premises within the municipal limits of the city upon default of the owner to clean them after notice and warning given as provided in this chapter, and the cost of such cleaning shall be collected from such owner by adding such cost in the manner provided in this chapter to the county and/or city taxes assessed to such owner, and such cost of such cleaning shall become a lien upon such parcels of real property, town lots, homesites, villa lots and lands immediately adjacent and lying within the municipal limits of the city. (Ord. 37 § 3, 1949)
8.16.040 Warning notice.
Notice and warning to the owner of the premises affected shall be given as follows:
A. Not less than ten days before the meeting of the council at which it will authorize the cleaning of the premises by proper authorities and the assessing of the cost to the owner of such premises, a notice substantially in the form set forth in this section, shall be mailed by United States mail, postage prepaid to the owners of the premises affected, as such owners are shown upon and named on the last current assessment roll of the county, at the addresses shown respectively for each such owner on said assessment roll, or if no address for any such owner appears on said assessment roll, then such notice shall be addressed to such owner at Capitola, California.
B. The notice referred to above shall be substantially in the following form:
NOTICE TO ABATE GRASS, WEEDS, BRUSH, RUBBISH AND LITTER
TAKE NOTICE that at a meeting of the City Council of the City of Capitola City Hall, 420 Capitola Avenue, in the City of Capitola, State of California, on the ________, day of _____ 19___, at the hour of _____P.M. of said day, said City Council shall by resolution authorize the proper authorities to enter upon and clean the premises at or nearest to:_________________ known as lot/lots:_______________ of all dry grass, weeds, stubble, brush, rubbish, litter, or other inflammable material upon default of the, owner thereof to clean said premises not sooner than ten (10) days following the aforesaid date, and shall further order that the cost of cleaning said premises shall be collected from said owner by adding the cost to the taxes assessed to such owner by the County of Santa Cruz.
Any interested persons may appear before said City Council at the aforesaid time and place of hearing prior to the adoption of such resolution and may protest the adoption of the same.
Dated:_____ , 19___
By Order of the City Council of the. City of Capitola, State of California.
C. Proof of the mailing of such notices and warning shall be made by affidavit of posting filed with the clerk of the city prior to the adoption of such resolution. (Ord. 389, 1975; Ord. 37 § 4, 1949)
8.16.050 Hearing for abatement.
At the time and place fixed in said notice and warning, the city council shall conduct a hearing, and shall hear and consider all protests against the adoption of such resolution. Protest may be made orally or in writing filed with the city clerk prior to the commencement of the hearing. If no protests against the adoption of such resolution are made or filed, or if all protests made and filed are overruled by said city council, it shall adopt such resolution. (Ord. 37 § 5, 1949)
8.16.060 Cost collection.
Within thirty days after the cleaning of such lots, the authorities designated in said resolution to clean the same shall file a report in triplicate with said city council showing the cost of cleaning each of the lots or parcels cleaned, and the name of the assessed owner of each. The city clerk shall forthwith transmit a copy of said report to the auditor and tax collector of the county. The total cost of cleaning such lots and parcels shall be a proper charge against the general fund of the city, and when a claim therefor has been audited and allowed in the manner provided by law, it shall be paid by warrant drawn on the general fund of the city. The city clerk shall request the county auditor to enter on the assessment roll on which taxes will next become due, opposite on each lot or parcel of land affected, the amounts shown respectively on such report which represents the cost of cleaning each such lot or parcel, and in addition to such amount representing the cost of cleaning such lot or parcel, there shall be an additional amount in the sum of one dollar assessed to each such lot or parcel, which additional amount in the sum of one dollar shall be for the purpose of defraying the cost of collecting said expenses for cleaning, and said additional sum shall be divided equally between the county and the city. Such entry, including both the total cost of cleaning such lots and parcels, and the aforementioned additional charge for collecting, shall be designated “lot cleaning charge,” or other suitable designation, and such charge shall be added to, and collected with the general county and/or taxes assessed against the owner of such lot or parcel, and shall be payable and become delinquent at the time and in the same amounts and to bear the same penalties and interest after delinquency, as do general county and/or city taxes. (Ord. 37 § 6, 1949)