CHAPTER 23
WEEDS AND RUBBISH

23.1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Rubbish - means waste matter, litter, trash, refuse, debris and dirt which is, when dry, may become a fire hazard or which is or may become a menace to health, or which is offensive to the senses.

Streets - include alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs.

Weeds - mean weeds which when mature bear wingy or down seeds, or which because of having attained, or which may attain, such a large growth and being dry shall have become a fire menace, or which are otherwise noxious and dangerous to health. (Ord. No. 61-3, § 1.)

Party concerned - means the owner or owners of record, as shown on the last equalized assessment roll, and any other person known to the community development director or fire chief to be the occupant, person in control of, or owner of any interest in or to the building or structure or the land upon which it is located. (Ord. No. 2007-05, § 1.)

23.2 Public nuisance.

The city council does hereby declare that all weeds growing upon private property or streets in the city and all rubbish on private property or streets in the city are public nuisances. (Ord. No. 61-3, § 2.)

23.3 Duty of property owner to destroy or remove.

It shall be unlawful for any person owning, occupying, renting, managing or controlling any real property in the city to cause or permit any weeds, or to place, cause or permit any rubbish to be or remain on any real property in the city or on portions of streets adjoining such real property to the centerline of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Destruction by burning within the city is unlawful unless the written permission of the chief of the public safety department is first obtained. (Ord. No. 61-3, § 3.)

23.3.1 Standards for maintenance.

The fire chief may establish standards for the maintenance of weeds. The standards shall be effective upon being filed with the city clerk. (Ord. No. 78-14, § 1, Ord. No. 2007-05, § 2.)

23.3.2 Resolution of Public Nuisance and Abatement.

The city council may declare, by resolution, that a property constitutes a public nuisance pursuant to section 23.2 of this chapter. The resolution shall refer to the property by street address and lot and block number according to the official or city assessment map. Any number of streets, sidewalks, or parcels of private property may be included in one resolution. (Ord. No. 2007-05, § 4.)

23.3.3 Right of entry.

(a)    Whenever necessary to make an inspection or to enforce any of the provisions of this chapter, or whenever there is reasonable cause to believe that any property is being maintained in violation of the provisions of this chapter, the fire chief, or his or her designee, may enter such property with the consent of any party concerned, or with an inspection or abatement warrant signed by a superior court judge. However, if such building or property is occupied, the fire chief, or his or her designee shall first present proper credentials and request entry; and if such building or property is unoccupied, a reasonable effort shall first be made to locate the party concerned and request entry. At least twenty-four (24) hours notice shall be given to the party concerned before entering onto the property pursuant to a warrant, unless the judge finds that immediate execution of the warrant is reasonably necessary in the circumstances. (Ord. No. 2007-05, § 3.)

(b)    It shall be unlawful for any person, including any party concerned: (i) to refuse to allow the fire chief, or their designee, or a contractor engaged by the city, to enter upon the property, consistent with subsection (a), to execute a court-ordered warrant; or (ii) to obstruct, impede or interfere in any manner with the fire chief, or his or her designee, or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this chapter." (Ord. No. 2007-05, § 3.)

23.4 Notice to destroy or remove.

If the person owning, occupying, renting, managing or controlling any real property in the city fails to remove therefrom and from the portions of streets adjoining such property all weeds and rubbish in accordance with the provisions of this chapter, it shall be the duty of the fire chief or his or her designee to notify such person to remove the same. Such notice shall be in writing and shall be substantially in the following form:

NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT

Notice is hereby given that on the __________ day of __________ 200_ , the City Council of the City of Fairfield passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on (address and assessor’s parcel), and that rubbish, refuse, and dirt were upon or in front of property on this street, in Fairfield, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk.

All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of the City of Fairfield to be held _________, 200_, when their objections will be heard and given due consideration.

Dated this ___________ day of ________200_.

Fire Department of the City of Fairfield (Ord. No. 2007-05, § 5.)

23.4.1 Method of giving notice.

Notice shall be deposited in the United States Post Office at Fairfield, California, with postage thereon prepaid and addressed to such owner at his last known place of address shown on the assessment roll of the city, and if no such address is there shown or is known, then to general delivery, Fairfield. If such real property is occupied and the mailing address thereof is different from that of the owner on assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Such notice shall contain a description of the property, which description may be the county assessor’s parcel number, or may be the street and number thereof, or may be any other description by which the property may be reasonably identified. One or more lots or blocks of land may be described in one and the same statement of notice. Notice shall be mailed no less than five (5) days before the City Council hearing. (Ord. No. 2007-05, § 6.)

Alternately, the fire chief may cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists no less than five (5) days before the City Council hearing. He or she shall post:

(a)    One notice to each separately owned parcel of property of not over 100 feet frontage. (Ord. No. 2007-05, § 6.)

(b)    Notices at not more than 100 feet apart if the frontage of such a parcel is greater than 100 feet. (Ord. 78-14, § 2, Ord. 2007-05, § 6).

23.4.2 Hearing; appeal from notice.

At the time stated in the notices, the city council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time.

By motion or resolution at the conclusion of the hearing, the city council shall allow or overrule any objections. At that time, the city council has jurisdiction to proceed with a resolution to perform the work of removal. The decision of the city council is final. (Ord. 78-14, § 3; Ord. 93-9, § 18, Ord. 2007-05, § 7).

23.4.3 Seasonal and recurrent nuisances.

The notice may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.

Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter; provided that upon the second and subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearing need be held, and it shall be sufficient to mail a notice to the owner of the property as they and their addresses appear upon the current assessment roll. (Ord. No. 78-14, § 4.)

23.5 Destruction and removal by city when owner fails to do so.

If the person owning, occupying, renting, managing or controlling real property in the city fails to remove or destroy weeds and rubbish in accordance with the notice given pursuant to the provisions of section 23.4 and 23.4.1 within ten (10) days after the mailing or posting of such notice, and no objections are made, or the city council has disposed of the objections made, the city council may order, by motion or resolution, that the superintendent of streets and his assistants, employees, contracting agents, or other representatives, including, without limitation, members of the fire department of the city, destroy or remove such weeds, refuse, dirt or rubbish. (Ord. No. 61-3, § 5; Ord. No. 78-14, § 5; Ord. No. 93-9, § 18, Ord. 2007-05, § 8.)

23.6 Account and report of cost of abating nuisance - To be made by director of finance.

(a)    The director of finance shall keep an account of the cost of abating such nuisance upon each separate lot or parcel of land, and the abutting half of the street in front, and alley, if any, in the rear thereof, and embody such account in such a report and assessment list to the city council, which shall be filed with the clerk. 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 each separate lot or parcel of land therefore, respectively.

(b)    The cost of abatement may include incidental expenses, including, but not limited to 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 hereunder. The cost of abatement shall be established by resolution of the city council. (Ord. No. 61-3, § 6; Ord. No. 78-14, § 6; Ord. No. 93-14, §1.)

23.7 Same - Notice of report; form.

The city clerk shall post a copy of the report and assessment list referred to in section 23.6 on the bulletin board near the entrance door to city hall, 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. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the city. Such notice, as so posted and published, shall be substantially in the following form:

NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT

NOTICE IS HEREBY GIVEN that on ____________, 19__, the Director of Finance of the City of Fairfield filed with the City Clerk of said City a report and assessment on abatement of weeds within said City, a copy of which is posted on the bulletin board at the entrance to the City Hall.

NOTICE IS FURTHER GIVEN that on the ________ day of ________, 19 __ ,at the hour of eight o’ clock p.m. in the Council Chambers of said City Hall, said report and assessment list will 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 _____________________, 19______

City Clerk of the City of Fairfield (Ord. No. 61-3, § 7.)

23.8 Same - Hearing and confirmation of report.

(a)    At the time and placed fixed for receiving and considering the report referred to in the two preceding sections, the city council shall hear the same together with any protests or objections which may be raised by any interested persons. Upon such hearing, the council shall make such corrections or modifications in any proposed assessment, which it may deem to be excessive or otherwise incorrect, after which such assessment shall be confirmed by resolution of the council and the amount thereof shall constitute a lien on property assessed until paid. The confirmation of assessment by the council shall be final and conclusive.

(b)    After the assessment is made and confirmed, the director of finance shall cause the order confirming the assessment to be recorded in the office of the county recorder. (Ord. No. 61-3, § 8; 82-26, § 1.)

23.9 Collection of costs on tax roll.

On or before the first day of September of each year, the director of finance shall submit to the county tax collector the assessment list as confirmed by the city council. 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 interest and penalties as are provided for other delinquent taxes or assessments of the city. (Ord. No. 61-3, § 9.)

23.10 Method of removal.

The methods of removing weeds, vines, shrubs, brush and/or debris from property as herein provided shall not be an exclusive method, but shall be an alternative method, and such weeds, vines, brush, shrubs and/or debris may be removed from such property pursuant to the provisions of any law of the state or of any ordinance of the city, applicable thereto.

23.11 Maintenance of trees on private property a civil affair.

The maintenance of trees on private property is generally a civil affair that must be resolved by the property owners, and will not be addressed by the city unless the fire chief or his or her designee determines that the situation constitutes a hazard. (Ord. No. 2007-05, § 9.)