Chapter 8.16
WEED ABATEMENT
Sections:
8.16.010 Purpose of provisions.
8.16.030 Weed removal required when.
8.16.040 Public nuisance—Notice to abate.
8.16.050 Notice to abate—Contents.
8.16.060 Notice to abate—Appeal hearing.
8.16.070 Abatement by city when.
8.16.080 Abatement—Cost assessment.
8.16.090 Assessment—Notice and appeals.
8.16.100 Assessment—Hearing on objections.
8.16.110 Collection of abatement costs.
8.16.010 Purpose of provisions.
Weeds growing upon and adjacent to private property within the city, which are allowed by the owners thereof to flourish and grow in such a manner that they constitute a health, fire and safety menace to the citizens of the city, may constitute a nuisance which should be abated. (Ord. 246 N.S. § 1, 1967)
8.16.020 Definitions.
“Weeds” as used in this chapter means and includes any of the following;
A. Weeds which bear fruit of a downy or wingy nature;
B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;
C. Weeds which are otherwise noxious or dangerous;
D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;
E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard. (Ord. 246 N.S. § 2, 1967)
8.16.030 Weed removal required when.
A. Upon adoption of the resolution as codified in Section 8.16.040, no owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the city shall permit weeds to remain upon the premises, up to and including the property line or established curbline, or from the sidewalks, parkings or streets. Every property owner shall remove or destroy such weeds as shall be provided for in Section 8.16.040.
B. The city council, upon recommendation of the fire chief or his or her authorized representative, may recommend the complete rotovating, discing or mowing of weeds on certain properties and the fire chief shall develop administrative regulations for the implementation of this chapter. (Ord. 460-92 §§ 1, 3 1992; Ord. 246 N.S. § 3, 1967)
8.16.040 Public nuisance—Notice to abate.
A. Whenever any such weeds are growing upon any property within the city, as described in Section 8.16.030, the city council may determine that the same constitute a public nuisance and may by resolution declare the same to be a public nuisance and shall set out a general description of such weeds and their location which constitute such public nuisance as should reasonably be anticipated to give all persons affected thereby notice thereof.
B. The city council may provide by the resolution for the removal of such grass, weeds or other obstructions from the property, sidewalks, parkings or streets or any one or more of the foregoing.
C. The resolutions shall fix a time and place for the hearing of any objections to the proposed destruction or removal of such weeds by the city and shall state that the expenses thereof, including administrative costs, shall constitute a lien and may be assessed upon the lot or lands from which such weeds shall have been destroyed or removed or upon the abutting property where the weeds would have been removed from the adjacent sidewalks, parking or streets.
D. A copy on the notice to destroy weeds as provided herein shall be mailed to the owner of the property as the owner’s name is listed on the last county assessment roll, as of the previous January 1st of each calendar year, or as his or her address is known to the city.
E. As an alternative to mailing, the notice may be posted upon the affected property and the city clerk shall publish the foregoing notice in a newspaper of local circulation. Said notice shall be no smaller that four inches wide by five inches in length. Publication of said notice in addition to the above mailing requirements shall be considered sufficient notification to all property owners and other interest persons.
F. The notices shall be mailed or posted and published at least fifteen days prior to the time for hearing objections by the city council. (Ord. 460-92 §§ 2, 4, 1992; Ord. 246 N.S. § 4, 1967)
8.16.050 Notice to abate—Contents.
After the passage of such resolution the city clerk shall cause a notice to be prepared. The notice shall be substantially in the following form:
NOTICE TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on_____, pursuant to the provisions of Section 8.16.010 of the Cloverdale Municipal Code, the City Council of said City passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section 8.16.010 of the city code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall give written notice prior to the public hearing established herein stating that they shall remove all such weeds from their property. Unless such notice is given, such weeds will be destroyed or removed and such nuisance abated by the City authorities. In this case the cost of such destruction or removal will be assessed upon the lots and lands from which or from the front or rear of which such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Council of said City, to be held in the Council Chambers of the City Hall, City of Cloverdale on_____at o’clock P.M. when and where their objections will be heard and given due consideration.
Dated this_____day of_____, 19
City Clerk
City of Cloverdale
(Ord. 246 N.S. § 5, 1967)
8.16.060 Notice to abate—Appeal hearing.
At the time stated in the notice the city council shall hear and consider all objections to the proposed destruction and removal of such weeds and may continue the hearing from time to time. The council by motion or resolution shall allow or overrule any or all objections, whereupon the city council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the city council on the matter shall be deemed final and conclusive. (Ord. 246 N.S. § 6, 1967)
8.16.070 Abatement by city when.
A. The council shall by resolution order the fire chief, or his or her representative to abate such nuisance or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying, or any other method in the discretion of the or fire chief, or his or her representative any other authorized person, unless the council shall specifically direct otherwise. The fire chief, or his or her representative or such other authorized person is hereby expressly authorized to enter upon private property for that purpose.
B. Any property owner shall have the same destroyed or removed at his own expense, provided that such weeds have been removed prior to the arrival of the fire chief, or his or her representative or other authorized person. (Ord. 460-92 § 5, 1992; Ord. 246 N.S. § 7, 1967)
8.16.080 Abatement—Cost assessment.
The city clerk or the city treasurer shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the city council. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against such separate lot or parcel of land. (Ord. 246 N.S. § 8, 1967)
8.16.090 Assessment Notice and appeals.
The city clerk shall post copies of such report and assessment list on the bulletin board at the front door of the City Hall of the city, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. The posting of the notice shall be made and contained therein. The posting of the notice shall be made and completed at least ten days before the time such report shall have been submitted to the city council. Such notice as so posted shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT.
NOTICE IS HEREBY GIVEN THAT on the City Clerk of the City of Cloverdale, filed with the City Council of said City a report and assessment on abatement of weeds within said city, copies of which are posted on the bulletin board at the front door of the City Hall of the City of Cloverdale.
NOTICE IS FURTHER GIVEN that on , at the hour of o’clock P.M. in the Council Chambers of said City Hall, said report and assessment list shall be presented to the City Council of said City for consideration and confirmation and that any and all persons interested having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.
DATED: This day of , 19
City Clerk City of Cloverdale (Ord. 246 N.S. § 9, 1967)
8.16.100 Assessment—Hearing on objections.
At the time stated in the notice, the city council shall hear and consider all objections to the report and assessment. The council by resolution shall allow or overrule any or all objections to the report and assessment, and shall instruct the city clerk to cause the amount of the assessment to be entered on the assessment roll opposite the description of the particular property, and provide that the sum shall be collected together with all other taxes thereon upon the same property. (Ord. 460-92 § 6 (part), 1992; Ord. 246 N.S. § 10, 1967)
8.16.110 Collection of abatement costs.
Upon adoption of the resolution, as provided for in Section 8.16. 100, the city clerk shall cause the amount of the assessment to be entered on the assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. Thereafter such amounts shall be collected at the same time, and in the same manner, as general city taxes are collected and shall be subject to the same penalties and interest, and the same procedure and sale in case of delinquency as provided for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment. (Ord. 460-92 § 6 (part), 1992; Ord. 246 N.S. § 11, 1967)