Chapter 6.12
LITTER AND WEEDS
Sections:
6.12.010 Notice to remove litter—Action upon noncompliance.
6.12.020 Sidewalk and parkway—Weed accumulation prohibited.
6.12.030 Noxious growths and litter prohibited.
6.12.110 Special assessments—Lien.
6.12.140 Correction of erroneous assessments.
6.12.150 Violation a public nuisance.
6.12.005 Definitions.
Whenever the term “litter” is used in this chapter, it means the accumulation of rubbish, debris or other material dangerous or injurious to neighboring property or to the health, safety, welfare or general interest of residents in the vicinity. (Ord. 456 § 1, 1973)
6.12.010 Notice to remove litter—Action upon noncompliance.
(a) Notice to Remove. The director of community and safety services or any other city officer designated by the city council to act hereunder, is hereby authorized and empowered to notify the owner, or person shown as the owner upon the last equalized tax assessment roll, of any open or vacant private property, or the agent of such owner, to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to the owner at his last known address, or at the address shown upon the last equalized tax assessment roll. A copy of the notice shall also be posted on the premises or in front thereof.
(b) Action upon Noncompliance. Upon the failure, neglect or refusal of any owner, person or agent so notified, to properly dispose of such litter dangerous to public health, safety or welfare within ten days after receipt of the written notice provided for in subsection (a) above, or within twenty days after the date of such notice in the event the same is returned to the city post office department because of its inability to make delivery thereof, provided the same was properly addressed as herein specified, the director of community and safety services or other designated city officer, is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the city. Thereafter proceeding for the collection of the cost thereof shall be in accordance with Section 6.12.100. (Ord. 818 § 1 (part), 2000; Ord. 770 § 1 (part), 1996; Ord. 456 § 3 (part), 1973; Ord. 173 § 1, 1966)
6.12.020 Sidewalk and parkway—Weed accumulation prohibited.
No person, owning or having charge or control or occupancy of any lot or private premises shall allow grass or weeds to accumulate or grow upon an abutting paved sidewalk area above its established grade or upon any part of the sidewalk area from curb to street line; provided, however, that nothing herein contained shall be construed to require the removal from the borders of any ornamental plant, lawn, shrub, or trees of a reasonable growth, provided, that the same are not, in the opinion of the director of community and safety services, obstructions to the free use of such sidewalk by pedestrians. (Ord. 818 § 1 (part), 2000; Ord. 770 § 1 (part), 1996; Ord. 456 § 3 (part), 1973; Ord. 173 § 2, 1966)
6.12.030 Noxious growths and litter prohibited.
(a) No person, owning or having control or charge or occupancy of any lot or private premises, shall allow weeds, vines, shrubs or brush which bear seeds of a wingy or downy nature, or which attain such a large growth as to become a fire menace when dry, or which contain poisonous oils, or which are otherwise noxious or dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises nor shall any person permit or allow litter to accumulate or remain upon said lot or property.
(b) No person shall sow or disseminate, or allow or permit to mature; or sell or in any manner transfer, transport or convey, any seed or any noxious weed.
(c) No person owning, managing, or having charge or control of or occupancy of any lot or private premises shall suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of twelve inches above the grade in the area of growth. It is the duty of every such person to prevent such growth or existence. In any prosecution for violation of this section, it shall not be necessary to establish any facts excepting that the person accused owned, managed or had charge, control or occupancy of a lot or private premises whereon such condition existed, to establish the guilt of such person. (Ord. 456 § 2, 1973; Ord. 173 § 3, 1966)
6.12.040 Removal notice.
(a) If and when it shall appear that woods, vines, shrubs or brush, grass or litter have been placed upon or are upon or in front of private property in violation of any of the provisions of any ordinance of this city, the director of community and safety services may, by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush, or litter must be removed within seven days from and after the date of such posting. The city clerk shall also send a similar notice to the owner of the subject property as shown upon any city record or upon the last equalized tax roll, whichever he shall determine to be the best means for reaching the actual owner, through the United States mail, but the failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this section. Such notice shall be mailed not less than ten days prior to the date set for a hearing upon objections as provided in Section 6.12.060.
(b) Such notices shall be conspicuously posted on or in front of the property on or in front of which the nuisance exists, as follows:
(1) One notice shall be posted on or in front of each separately owned parcel;
(2) Not more than two notices to any such parcel of fifty to one hundred feet frontage are required;
(3) Notices shall be placed at intervals of not more than one hundred feet if the frontage of a parcel is greater than one hundred feet, with one notice for each one hundred feet of frontage. (Ord. 818 § 1 (part), 2000; Ord. 770 § 1 (part), 1996; Ord. 456 § 3 (part), 1973; Ord. 173 § 4, 1966)
6.12.050 Notice form.
The heading of the notice shall be “Notice to Destroy Weeds and Rank Growths and to Remove Oversize Growths or Litter” in letters not less than one inch in height. The notice shall be substantially in the following form:
NOTICE TO DESTROY WEEDS AND RANK
GROWTHS AND TO REMOVE OVERSIZE
GROWTHS OR LITTER
Notice is hereby given that, pursuant to the ordinances of the city of Cerritos providing for the elimination of weeds, vines, brush, shrubs or litter growing upon or accumulated upon or in front of this property, and obstructing the use of sidewalks, parkings, or streets, or dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity, you are notified that the following conditions exist upon this property in violation of law, to wit:
(Description of area and conditions)
The property to which this notice applies is the following:
(Description of property, by tax description, street address, lot number, parcel number or other description sufficient to identify the premises)
The conditions subject the owners, managers, or persons having charge, control or occupancy thereof to fine and imprisonment. In addition, such conditions constitute a public nuisance which must be abated by the removal thereof, or the cutting of oversize growths. Otherwise, such conditions will be corrected and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the same are removed and will constitute a lien upon such land until paid.
All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, dirt, rank growths, or other material dangerous or injurious to neighboring property as aforesaid, are hereby notified to file a written statement of such objections, specifying the address or description of the property concerned, the reasons for objections, and the name, address, phone number (if any), and status (owner, manager, lessee, tenant or other) of the objector, which statement shall be filed with the city clerk not later than the _____ day of __________, 19___, a date more than five days after the posting of this notice.
Upon receipt of such written statement, the city clerk will set such matter upon the agenda of the city council and objectors will be notified by mail of time and place of the meeting at which the city council will hear and consider such objections. Such meeting shall be not sooner than three days after the mailing of such notices. (Ord. 173 § 5, 1966)
6.12.060 Hearing.
At the time and place stated in the notices mailed by the city clerk, the council shall hear and consider all objections to the proposed removal or correction of the public nuisance or conditions. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the council shall allow or overrule any objections. The decision of the council shall be final and conclusive and need not depend upon any particular evidence, showing or findings. (Ord. 173 § 6, 1966)
6.12.070 Abatement order.
At the conclusion of the hearing, the council may order the director of community and safety services or other city officer to abate the nuisance by entering upon private property to abate and remove the same. (Ord. 818 § 1 (part), 2000; Ord. 770 § 1 (part), 1996; Ord. 456 § 3 (part), 1973; Ord. 173 § 7, 1966)
6.12.080 Service of order.
The city officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of the abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall specify that unless the nuisance is removed and abated within seven days from the date of mailing, the officer will abate the same and will, if necessary, enter upon or into the private property of the person without further notice or liability therefor in order to abate the nuisance. (Ord. 173 § 8, 1966)
6.12.090 Abatement by city.
The director of community and safety services, or other designated city officer, may enter upon any private property and abate any nuisance found thereon, or in front thereof, more than seven days after notice to abate such nuisance has been posted as required by this chapter, if no person has filed a written statement of objections as herein provided within five days thereafter; in the event objections have been duly filed, and overruled by the city council, subofficer may enter upon any private property and abate any nuisance found thereon, or in front thereof, in accordance with the order of the city. (Ord. 818 § 1 (part), 2000; Ord. 770 § 1 (part), 1996; Ord. 456 § 3 (part), 1973; Ord. 173 § 9, 1966)
6.12.100 Cost of abatement.
The officer shall keep an account of the cost of abatement in front of or on each separate lot or parcel of land where the work is done by him. He shall submit to the city council for confirmation an itemized written report showing such cost. The city clerk shall send a notice to the owner of the subject property as shown upon any city record or upon the last equalized tax roll, whichever he shall determine to be the best means for reaching the actual owner, through the United States mail, showing the cost of abatement on each separate lot or parcel of land of such owner and designating the time fixed for the receiving and considering by the city council of the report and for the hearing upon objections to it. The failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this chapter, nor shall it invalidate the assessment against the subject property. A copy of the report shall be posted for at least three days prior to its submission to the council on or near the council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the council shall hear it and shall hear any objections of the property owners liable to be assessed for the abatement. The council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. (Ord. 173 § 10, 1966)
6.12.110 Special assessments—Lien.
The costs of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed, it is a lien on the lot or parcel. (Ord. 173 § 11, 1966)
6.12.120 Cost assessment.
After confirmation of a report, a certified copy of the same shall be filed with the county auditor on or before August tenth. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection, and enforcement of county taxes shall apply to such special assessment taxes. (Ord. 173 § 12, 1966)
6.12.130 Cost paid to city.
The city officer designated by the council shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report, prior to August first of the current year. (Ord. 173 § 13, 1966)
6.12.140 Correction of erroneous assessments.
(a) Any assessment erroneously made may be canceled or reduced so as to correct such error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure:
(1) A claim of error may be filed with the city clerk at any time before the expiration of one year following April tenth of the year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the city clerk, and shall be verified;
(2) Any claim filed shall be forwarded to the street superintendent for a review and report to the city treasurer. If the director of community and safety services shall determine that such assessment was erroneously made, in whole or in part, the city treasurer shall direct the county auditor-controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the city treasurer shall be authority for the auditor-controller to so correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person, who paid the same, by the city treasurer. In lieu of proof otherwise, the city treasurer may presume that the person or persons to whom the litter tax was assessed was the person or persons who paid the same;
(3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty days after the filing of the same, or whose claim is denied, in whole or in part, in writing, by the city treasurer, may, within ten days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the city council, by written letter filed with the city clerk;
(4) The city council shall consider such disputed assessment at an open meeting, upon reasonable notice to the claimant, and shall afford the claimant an opportunity to be heard. If the city council shall find the disputed assessment to be erroneous in whole or in part, it may direct the city treasurer to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds;
(5) Not later than thirty days after the correction of any assessment or refund of any monies hereunder, except by direction of the city council, the city treasurer shall transmit to the city council a report of such action, together with the report of the director of community and safety services.
(b) Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by Section 6.12.100, relating to the work for which such erroneous assessment was levied, may be prepared by the officer who prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of the lot or parcel as shown upon the current assessment rolls. In all other respects Sections 6.12.100 through 6.12.130 shall apply to such corrected assessment, except that the time for doing all things therein specified shall relate from the date of confirmation of the corrected assessment. (Ord. 818 § 1 (part), 2000; Ord. 770 § 1 (part), 1996; Ord. 456 § 3 (part), 1973; Ord. 173 § 14, 1966)
6.12.150 Violation a public nuisance.
Violation of this chapter is hereby declared to be a public nuisance which may be abated as provided in Part 3 of Division 4 of the Civil Code of the state and in Chapter 2 of Part 2 of the Code of Civil Procedure of the state, which remedy shall be in addition to any other remedy provided in this chapter or by state law, including Section 372 of the Penal Code of the state. (Ord. 173 § 15, 1966)