Chapter 9.18
ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH
Sections:
9.18.030 Findings by the city council.
9.18.040 Nuisance—Authority to abate.
9.18.050 Enforcement officer designation.
9.18.060 Notice to remove—Posting.
9.18.080 Abatement of seasonal nuisance.
9.18.090 Emergency abatement—Authority of fire department.
9.18.100 Public right-of-way abatement.
9.18.120 Removal before fire chief arrival.
9.18.130 Recovery of abatement costs.
9.18.140 Costs of abatement constituting special assessments—Lien.
9.18.160 Collection of assessments.
9.18.170 Cancellation or refund of assessment.
9.18.010 Intent.
It is the intent of this chapter to compel the owner, lessee, or occupant(s) of buildings, grounds, or lots in the city of Dinuba to remove weeds and rubbish that constitute a public nuisance and fire hazard from such property and adjacent public right-of-way, or pay the city the cost of removing the nuisance. (Ord. 2017-01 § 1 (part), 2017)
9.18.020 Definitions.
For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as set forth herein, unless it is apparent from the context that a different meaning is intended.
A. “Abate” means to bring entirely down, demolish, put an end to, do away with a nuisance.
B. “Brush” means branches from trees, orchard clippings in piles, tree trimmings or other combustive vegetation in a dry state of condition capable of sustaining combustion (fire).
C. “Combustible vegetation” means cut or uncut brush, weeds, grass, vines, orchards, vineyards, or other vegetation that when dry become a fire hazard.
D. “Fire hazard” means a thing or act which increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire or any act which could obstruct, delay, hinder, or interfere with the operations of the fire department or the egress of occupants in the event of fire.
E. “Lot” means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon.
F. “Persons” includes individuals, firms, partnerships, and corporations.
G. “Public right-of-way” is any street, alley, or similar parcel of land essentially unobstructed from the ground to the sky that is deeded, dedicated, or otherwise permanently appropriated to the public for public use, including sidewalks, planters, drainage ditches or other strips of public land fronting or adjoining a private parcel of land.
H. “Rubbish” means magazines; books, trimmings from lawns, trees or flower gardens; pasteboard or cardboard boxes; rags; straw; sawdust; packing material; shavings; wood boxes; scrap lumber; and refuse that will ignite through contact with flames of ordinary temperatures.
I. “Weeds,” as used in this chapter, means vegetation and/or combustible vegetation growing upon lots, private or public, improved or unimproved, and the adjoining public right-of-way in the unincorporated portions of the city of Dinuba, and includes any of the following:
1. Vegetation which bears seeds of a downy or wingy nature.
2. Tumbleweeds, sagebrush, chaparral, and any other brush or vegetation which attain such large growth as to become, when dry, a fire menace to adjacent property or the property upon which the weeds exist.
3. Vegetation which is noxious or dangerous.
4. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard. (Ord. 2017-01 § 1 (part), 2017)
9.18.030 Findings by the city council.
The city of Dinuba city council hereby finds that weeds and rubbish, as defined in this chapter, on lots or parcels, or the public right-of-way within the city of Dinuba, constitute a public nuisance and are a fire hazard and may be abated as provided by this chapter. Properties being exclusively or primarily used for agricultural purposes are excluded from the provisions of this chapter, excepting the necessity of providing adequate firebreaks. (Ord. 2017-01 § 1 (part), 2017)
9.18.040 Nuisance—Authority to abate.
Each of the following conditions is declared to constitute a public nuisance, and whenever an enforcement officer shall determine that any of the conditions exist upon any premises, he/she may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien on the subject real property:
A. The existence of weeds on the premises, or public sidewalks, curbs and gutters, streets or alleys in front of, adjacent to or behind said premises;
B. The existence of any accumulation of wastepaper, hay, grass, straw, weeds, litter, debris or combustible trash upon any roof or in any building, entranceway, court, yard, vacant lot or open space; or of any weeds, grass, vines or other growth, when the same endangers property or is liable to be fired;
C. The existence of any garbage or rubbish upon the premises contrary to the provisions of this chapter;
D. The existence of any vines or climbing plants growing into or over any street, tree or any public hydrant, pole or electrolier; or the existence of any shrub, plant or vine growing on, around or in front of any hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the fire department;
E. The existence of an excessive amount of tires on property that does not conform to commercial use as set by the zoning ordinance of the city of Dinuba;
F. Any other condition or use of property which is in fact a fire hazard or which results or can result in the impairment of the ability of the fire department to respond to and suppress fires.
The occupant or tenant, or in the absence of the occupant or a tenant, the owner, lessee or proprietor of any real property in the city, shall be responsible for the removal or destruction of all such weeds and other debris as set forth in this section from his or her property and from the abutting half of any street or alley between lot lines as extended. (Ord. 2017-01 § 1 (part), 2017)
9.18.050 Enforcement officer designation.
The city council shall designate the fire chief as the officer responsible for the administration and enforcement of the provisions of this chapter. The fire chief may appoint deputies to assist in the enforcement of said chapter. (Ord. 2017-01 § 1 (part), 2017)
9.18.060 Notice to remove—Posting.
If and when it shall be determined by the fire chief, and/or his or her designee, as described in Section 9.18.040 that weeds or rubbish constituting a public nuisance or a fire hazard exist on a lot, a “Notice to Abate Weeds and Rubbish” shall be sent and such notice shall include the possibility of abatement by the city if compliance is not met within the guidelines set forth in this chapter.
A. Heading. The notices shall be headed “NOTICE TO ABATE WEEDS AND RUBBISH” in words not less than one inch in height.
B. Form. The notice shall be substantially in the following form:
NOTICE TO ABATE WEEDS AND RUBBISH
NOTICE IS HEREBY GIVEN that on (date)______________, pursuant to section 9.18 of the Dinuba Municipal Code, the Chief of the Fire Department of the City of Dinuba declares that the following conditions set forth in section 9.18.040 of said Municipal Code constitute a public nuisance and that such a nuisance must be abated by the destruction or removal of said conditions:
City of Dinuba Ordinance number 2017-01 states that Weeds or Rubbish, as defined herein, constitute a public nuisance and fire hazard, and the existence of which is a violation of said Ordinance. Furthermore, the Weeds and Rubbish growing on or in front of the property are of a seasonal and recurrent nature, and that the same constitute a public nuisance which must be removed.
Weeds or Rubbish violating the ordinance have been found on Assessor Parcel Number __________, Street Address ___________, or in the public right of way adjacent to the property. Said weeds and rubbish shall be removed within 30 days, otherwise the nuisance will be abated by City staff, in which case the cost of the removal from your lot(s) and the adjacent right of way, including administrative charges, will constitute a lien upon your lots or lands until paid.
All property owners who wish to object to the Notice to Abate Weeds and Rubbish have the right to attend a meeting with a representative of the Dinuba Fire Department to be held at Dinuba Fire Station at 420 E. Tulare Street, Dinuba, California 93618 on _______________ (DATE).
Dated this ______ day of 20__.
Fire Chief, City of Dinuba, by the authority of Ordinance No. 2017-01.
C. Mailing of Notice. Notice in the form required in subsection (B) of this section shall be mailed by regular mail to the property owners as their names and addresses appear from the last equalized assessment roll, or as they are known to the Tulare County assessor’s office.
D. Alternative to Mailing. If said notice to abate is determined to be undeliverable by means of regular or certified mail service, the notice shall be posted on the property to be abated.
E. Place of Posting. The notices shall be conspicuously posted in front of the property on which the nuisance exists. If the property has no frontage upon any street, highway, or road, then the notice shall be posted upon the portion of the property nearest to the street, highway or road, or location most likely to give actual notice to the owner.
F. Manner of Posting. The notices shall be posted not more than one hundred feet in distance apart, but at least one notice shall be posted on each lot or parcel.
G. Failure to Receive Notice. Failure of the owner to receive such notice shall not affect the power of the city or any of its officers or agents to proceed as provided in this chapter, nor affect the validity of lien provided for under this chapter. (Ord. 2017-01 § 1 (part), 2017)
9.18.070 Hearing.
At the time fixed in the notice provided pursuant to Section 9.18.060, the fire chief or his/her designated representative shall hear and consider any and all objections to the proposed abatement of such conditions, and may continue the hearing as necessary. The enforcement officer shall have the opportunity to respond to any such objections. In cases where the fire chief overrules an objection, the city shall be deemed to have acquired jurisdiction to proceed and perform the work necessary to abate the conditions causing such nuisance if said property owner or other responsible person fails to abate said nuisance on or before the date set forth in the notice. The affected property owners or other responsible person may appeal the decision of the enforcement officer to the city council by filing a written appeal. The appeal must be filed with the city clerk within ten calendar days of the date of the decision of the enforcement officer. Any property owner or other responsible person who fails to appear at said hearing and present objections shall be deemed to have waived the right to present any such objections and the city shall thereafter have the jurisdiction to proceed and perform any work necessary to abate the conditions causing such nuisance upon the expiration of the time allowed in the notice to the property owner. (Ord. 2017-01 § 1 (part), 2017)
9.18.080 Abatement of seasonal nuisance.
In the case of a lot containing weeds or rubbish where abatement has occurred in previous years, and the weeds or rubbish are seasonal or recurring, it shall be the decision of the fire chief to declare the lot a seasonal public nuisance and the weeds or rubbish shall be abated thereafter without the necessity of further hearing. It shall be sufficient to state in the notice to abate mailed to the owners of the property that the weeds and rubbish growing on or in front of the property are of a seasonal and recurrent nature, and that the same constitute a public nuisance which must be removed, and if the owner fails to remove the weeds or rubbish, the nuisance will be abated by the city staff or its agents, in which case the cost of such removal shall be assessed upon the lot and that such cost will constitute a lien upon such lots or land until paid. (Ord. 2017-01 § 1 (part), 2017)
9.18.090 Emergency abatement—Authority of fire department.
Whenever any condition on or use of property causes or constitutes or reasonably appears to constitute imminent or immediate danger to the health or safety of the public or a significant portion thereof, the fire chief or his/her authorized representative shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a lien upon the property and be collectible as provided in Sections 9.18.130 through 9.18.160, inclusive. (Ord. 2017-01 § 1 (part), 2017)
9.18.100 Public right-of-way abatement.
In the case of abatement occurring on a private lot, adjoining public right-of-way containing weeds or rubbish shall also be abated. In those instances, the owner, lessee or occupant will be billed for the cost of abating the property and the adjacent right-of-way. (Ord. 2017-01 § 1 (part), 2017)
9.18.110 Right of entry.
The fire chief, and his or her designee, or contracting agents, or other representatives, may enter upon private property for the purpose of removing the weeds or rubbish. (Ord. 2017-01 § 1 (part), 2017)
9.18.120 Removal before fire chief arrival.
At any time before removal of the nuisance by the fire chief, or his/her designee, a property owner may remove the weeds or rubbish at his or her own expense. In that case, the assessment and lien maybe filed by the fire chief and shall be limited to the cost incurred by the responsible agency in enforcing abatement upon the parcel, including investigation, boundary determination, measurement, clerical, and other related costs. (Ord. 2017-01 § 1 (part), 2017)
9.18.130 Recovery of abatement costs.
The city shall be reimbursed for all time, material, contracting agent’s costs, and any other costs necessary to abate weeds and rubbish per this chapter.
A. Statement of Expense. A statement of expense shall be developed by the fire chief. The statement of expense shall be an itemized statement explaining the costs incurred by the city in abating the weeds or rubbish.
B. Council Resolution. The fire chief shall request placement of a resolution on the consent calendar of the city council approving the amount due under the statement of expense. The resolution shall direct the auditor to cause a special assessment to be placed on the subject property. Said assessment shall have the same priority as other taxes. A notice of release shall not be recorded with the office of the county recorder until all assessments for the cost of abatement are paid. When the assessment in question is collected, it shall be credited to the general fund.
C. Recovery of Expenses for Fighting Fire. Any property owner, or other responsible person, who, after written notification by the enforcement officer or his/her authorized representative, fails to abate a condition constituting public nuisance as set forth in Section 9.18.040 shall become liable for the expenses of fighting a fire which is determined by the fire department to have been caused by or attributed to, in whole or part, said condition constituting such a public nuisance. Such expenses shall be charged to the property owner and/or other responsible person and shall become a lien upon the property and be collectible as provided in this section through Section 9.18.160, inclusive. The property owner or responsible person shall be liable for actual costs of abating such nuisance as defined herein. (Ord. 2017-01 § 1 (part), 2017)
9.18.140 Costs of abatement constituting special assessments—Lien.
The cost of abatement shall constitute special assessments against the lot and/or respective parcels of land and is a lien on the property(s) for the amount of the respective assessments and shall include the city’s actual expenses and costs, including, but not limited to, reasonable attorneys’ fees incurred by the city to enforce this chapter, the expenses and costs of the city in the inspection of lots, preparation of notices, specifications and contracts, and in inspecting work, and the costs of printing and mailing required under this chapter for each occurrence of abatement. (Ord. 2017-01 § 1 (part), 2017)
9.18.150 Assessment billings.
The tax collector shall include the amount of the assessment on the bills for taxes levied against the respective lots and parcels of land. (Ord. 2017-01 § 1 (part), 2017)
9.18.160 Collection of assessments.
The amounts of the assessment shall be collected at the same time and in the same manner as county taxes are collected, and are subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary county taxes. (Ord. 2017-01 § 1 (part), 2017)
9.18.170 Cancellation or refund of assessment.
If a special assessment, penalty or cost was entered, charged, or paid:
A. More than once;
B. Through clerical error;
C. Through the error or mistake of the city council or the officer designated to give notice or to order abatement of the nuisance, in respect to any material fact, including the case where the cost report is rendered and confirmed as hereinbefore provided shows the city abated the weeds or rubbish but such is not the actual fact;
D. Illegally; or
E. On property acquired after the lien date by the state or by any county, city, school district or other political subdivision and because of this public ownership not subject to sale or delinquent taxes. (Ord. 2017-01 § 1 (part), 2017)