CHAPTER 10.
WEED AND REFUSE ABATEMENT
Sections:
6-10.01 Sidewalk and Parkway Obstructions
6-10.04 Nuisances: Removal by Property Owners: Notices
6-10.05 Nuisances: Removal by City: Liens
6-10.06 Nuisances: Removal: Alternatives
6-10.01 Sidewalk and Parkway Obstructions.
Every owner of real property in the City shall keep the entire width of sidewalks and parkways in front of such property, from curb to lot line, free and clear of all grass, weeds, rubbish, and other obstructions or materials which, from any cause whatever, shall have accumulated upon such sidewalk or parkway; provided, however, the provisions of this section shall not be construed to require the removal of any grass or other vegetable growth between such curb and lot line, unless such grass or vegetable growth shall be more than four inches (4") in height, or require the removal from the borders of any sidewalk any ornamental plant, lawn, or shrub of a reasonable growth provided it does not in any manner obstruct the free use of such sidewalk by pedestrians.
(Sec. 1, Ord. 188, thereafter codified in Sec. 24.52, E.T.C.)
6-10.02 Nuisances: Weeds.
It shall be a violation of this Code for any person to allow weeds, vines, shrubs, and 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 obstruct any drainage ditch or waterway, or which are otherwise noxious or dangerous to the life, health, comfort, or convenience of the community to remain upon any private property in the City after notice by the City to remove the same. Notwithstanding the foregoing, it shall not be a violation of the City of Emeryville Municipal Code to grow and maintain native plants or wildflowers in a manner that does not present a fire menace or hazard.
(Sec. 9.30, E.T.C., as added by Ord. 73-09; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023; Sec. 4, Ord. 24-003, eff. Apr. 18, 2024)
6-10.03 Nuisances: Refuse.
It shall be a violation of this Code for any person to allow any refuse or other material which is of such nature that it constitutes a fire menace or fire hazard, or constitutes a rat harborage, or is dangerous or injurious to the life, health, comfort, or convenience of neighboring property or the community, or which obstructs any drainage ditch or waterway, to remain upon any private property after notice by the City to remove the same.
(Sec. 9.30, E.T.C., as added by Ord. 73-09; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
6-10.04 Nuisances: Removal by Property Owners: Notices.
If and when it shall appear that weeds, vines, shrubs, brush, refuse, or other materials have been placed upon or are upon private property in violation of the provisions of this chapter, the Council, by appropriate resolution, may order the removal thereof and shall cause notice to be posted upon such property to the effect that such weeds, vines, shrubs, brush, refuse, or other materials shall be removed within seven (7) days after the date of such posting. The Fire Department may also send a similar notice to the last known owner through the mail, but the sending of such notice, or the failure to send such notice, shall not affect the powers of the City to remove such weeds, vines, shrubs, brush, refuse, or other materials as set forth in Section 6-10.05 of this chapter.
(Sec. 9.31, E.T.C., as added by Ord. 73-09)
6-10.05 Nuisances: Removal by City: Liens.
In the event the weeds, vines, shrubs, brush, refuse, or other materials in violation of the provisions of this chapter have not been removed upon the expiration of seven (7) days after the posting of the notice provided for in Section 6-10.04 of this chapter, the City Engineer shall cause such weeds, vines, shrubs, brush, refuse, or other materials to be removed from the property upon which the notice was posted, and the costs of such work shall be kept and shall be a lien upon such property until paid. Such liens shall be payable under the same rules and regulations as are provided for the collection of taxes in the City. Such liens shall attach at the time of the performance of such work, and the costs thereof shall be billed with the next ensuing tax bills against the property.
(Sec. 9.32, E.T.C., as added by Ord. 73-09)
6-10.06 Nuisances: Removal: Alternatives.
The method of removing weeds, vines, shrubs, brush, refuse, or other materials from property pursuant to the provisions of this chapter shall not be an exclusive method but shall be an alternative method, and such weeds, vines, shrubs, brush, refuse, and other materials may be removed from such property pursuant to the provisions of any law of the State or of the City applicable thereto. In addition to any removal remedies provided by this chapter, a violation of this chapter may also be subject to administrative citation, as set forth in Chapter 7 of Title 1.
(Sec. 9.32, E.T.C., as added by Ord. 73-09; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)