Chapter 8.12
RUBBISH AND DEBRIS1
Sections:
8.12.010 Throwing in public places – Unlawful.
8.12.020 Lighted substances prohibited – Public place.
8.12.030 Weeds and debris on sidewalks.
8.12.040 Deposit on private property.
8.12.050 Removal failure – Unlawful.
8.12.070 Clearance of materials from property – Lien.
8.12.080 Penalties for violation.
8.12.010 Throwing in public places – Unlawful.
It is unlawful for any person, firm or corporation to throw or deposit, or to cause or to permit to be thrown or deposited, any dirt, paper, filth, sweepings, ashes, manure, garbage, filthy water, offal, straw, wood, stones, earth, grass, tree trimmings, garden trimmings, glass bottles, glass, nails, tacks, hoops, wire, cans, refuse matter or rubbish of any kind whatever, upon any avenue, street, way, lane, alley, court, park, playground, or other public place in the city. (Ord. 148 § 1, 1972).
8.12.020 Lighted substances prohibited – Public place.
No person in any vehicle and no pedestrian shall wilfully or negligently throw, drop, or discard from or upon any public street, road, or way or from or upon any public park, beach, or any other public place, any lighted cigarette, cigar, ashes, or any other flaming or glowing substance. (Ord. 148 § 2, 1972).
8.12.030 Weeds and debris on sidewalks.
It is unlawful for any person, firm, or corporation owning or having charge or control of any building, lot or premises in the city, fronting on a paved street where a sidewalk is laid, either as owner, lessee, tenant, or otherwise, to allow upon any part of the entire width of the sidewalk area along said building, lot or premises, from curb to lot line, grass, weeds, dirt, rubbish or other obstructions or materials which, from any cause whatever, shall have accumulated or may accumulate or grow upon the sidewalk area above the established grade of the same; provided, however, that nothing contained in this chapter shall be construed to require the removal from the borders of any sidewalk any ornamental plant, lawn, shrub, or tree of a reasonable growth, provided that the same are not in any manner obstructions to the free use of such sidewalk by pedestrians. (Ord. 148 § 3, 1972).
8.12.040 Deposit on private property.
It is unlawful for any person, firm or corporation to throw or deposit, or to cause or to permit to be thrown or deposited, any paper, filth, manure, garbage, filthy water, offal, glass bottles, glass, nails, tacks, hoops, wire, cans, trash, refuse matter or rubbish of any kind whatever upon private property in the city; provided, however that subject to the limitation of Section 8.12.050, grass cuttings, garden trimmings, stones, wood, and other similar things may be deposited on private property by the owner thereof or by any person having the written permission of the owner. (Ord. 148 § 4, 1972).
8.12.050 Removal failure – Unlawful.
It is unlawful for any person, firm or corporation to allow debris which is of such a nature that it constitutes a fire menace or fire hazard, or constitutes a rat harbor or a menace to the life, health, comfort or convenience of the community to remain upon private any private property in the city. (Ord. 148 § 5, 1972).
8.12.060 Noxious plants.
It is unlawful for any person, firm or corporation to 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 remain upon private property in the city. (Ord. 148 § 6, 1972).
8.12.070 Clearance of materials from property – Lien.
A. The city manager is authorized and empowered to notify the owner of any private property within the city or the agent of such owner to properly dispose of any materials located on sidewalks or property in violation of Sections 8.12.030, 8.12.040, 8.12.050 or 8.12.060. Such notice shall be by registered mail, addressed to the owner or agent at his last known address. A copy of the notice shall be posted on the property.
B. The owner or agent of such owner shall be given fifteen days within which to dispose of the materials described in the notice. The day of posting the notice shall be excluded in computing such period and none of the things identified in the notice (hereinafter referred to as “litter and/or rubbish”) shall be removed by the city manager until such period has expired.
C. The notice shall describe the work to be done and shall state that if the work is not commenced and diligently prosecuted to completion without interruption within fifteen days after notice is given, the city manager shall dispose of the litter and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:
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“NOTICE TO REMOVE LITTER AND/OR RUBBISH |
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The owner of the property described as follows: _________________________ commonly known as _________________________ is hereby ordered to properly dispose of the litter and/or rubbish located on said property, to wit, ________________________________________________________ within fifteen days from the date hereof. If the disposal of the litter and/or rubbish herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the City Manager of the City of Cotati shall cause such disposal to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property, pursuant to the provisions of Ordinance No. 148, as amended, of the City of Cotati. |
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Estimated Cost of Disposal |
$ _______________ |
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Within seven calendar days of the date you receive this notice, you have the right to appeal the determination reflected in this notice to the Cotati City Council. Said appeal must be in writing and delivered to the city manager at 201 West Sierra Avenue, Cotati, California 94931-4217 within said seven day period. Said appeal must specify each reason upon which you contend said litter and/or rubbish should not be removed or disposed of as ordered herein. |
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Upon receipt of a timely appeal, the City Manager will schedule a hearing before the City Council at its next available meeting at which time you will be given the opportunity to present all evidence supporting your cause. You will be notified of the hearing day. The City Council’s decision shall be final. Until said decision is made by the City Council, the order contained herein shall be stayed. |
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Dated: ____________________ |
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_______________________ |
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City Manager” |
D. 1. Within seven calendar days after receiving said notice, the owner or the agent of the owner shall have the right to appeal the determination reflected in said notice to the city council. Said appeal must be in writing and delivered to the city manager at City Hall within said seven day period. Said appeal must specify each reason upon which the owner or owner’s agents contends the litter and/or rubbish should not be removed or disposed of as specified in the notice.
2. Upon receipt of a timely notice, the city manager will schedule a hearing before the city council at its next available meeting at which time the owner or owner’s agent will be given the opportunity to present all evidence in support of the owner’s and/or owner’s agent’s case. The city manager shall notify the owner and/or owner’s agent of the hearing at least ten days prior thereto. The hearing may be continued. The city council’s decision shall be final. Until said decision is made by the city council, any obligation of the owner and/or owner’s agent to comply with the city manager’s notice shall be stayed.
E. The city manager shall cause to be kept in his/her office a permanent record containing:
1. A description of each parcel of property for which notice to dispose of litter has been given;
2. The name of the owner, if known;
3. The date on which such notice was mailed and posted;
4. The charges incurred by the city in disposing of the litter; and all incidental expenses in connection therewith; and
5. A brief summary of the work performed.
Each such entry shall be made as soon as practicable after completion of each act.
F. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the litter within fifteen days after notice has been given as hereinabove provided, within twenty days after the day of mailing such notice in the event the post office department is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent or within the time prescribed by the city council in its decision rendered under subsection D of this section, the city manager is authorized and empowered to pay for the disposal of the litter out of city funds or to order its disposal by city forces. Neither the city, members of the city council, city manager, nor any officers, employees, or agents of the city shall be personally liable for any bodily injuries or property damage arising under any contract made or work performed pursuant to the provisions of this section. The city manager and his/her authorized representatives, including any contractor with whom he/she contracts hereunder, and assistants, employees, or agents of such contractor, are authorized to enter upon the property for the purpose of disposing of the litter described in the notice. Before the city manager or contractor arrives, any property owner may dispose of the litter at his/her own expense.
G. When the city has effected the removal of the litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of seven percent per year from the date of the completion of the work, if not paid prior thereto, shall be charged to the owner of such property and the owner, or his/her agent, shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien on the subject property.
H. Notwithstanding anything to the contrary stated hereinabove, if the actual costs described in subsection G of this section exceed the estimate specified in the notice described in subsection C of this section, in the bill to the owner (described in subsection G of this section) the city manager shall disclose the amount of said excess, the reasons therefor and apprise the owner of his/her right to contest said excess charge to the city council by written protest delivered to the city manager at City Hall within seven days after the owner or owner’s agent receives said bill. Upon receipt of a timely appeal, the city manager will schedule a hearing before the city council at its next available meeting at which time the owner or owner’s agent will be given the opportunity to present all evidence in support of the owner’s and/or owner’s agent’s case. The city manager shall notify the owner and/or the owner’s agent of the hearing at least ten days prior thereto. The hearing may be continued. The city council’s decision shall be final.
I. In the event the full amount due the city has not been paid by the owner within thirty days after the owner has been billed by mail, or within the time prescribed by the city council on appeal, then, the city manager or city treasurer shall cause said amount 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 the 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 made applicable to such special assessment. (Ord. 527 § 1, 1990: Ord. 148 § 7, 1972).
8.12.080 Penalties for violation.
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine or imprisoned as permitted under the law. Each person is guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person and shall be punishable therefor as provided for in this chapter. (Ord. 527 § 2, 1990: Ord. 148 § 8, 1972).
For statutory provisions regarding weed and rubbish abatement by municipalities, see Gov. Code § 39501 et seq.