Chapter 8.37
ABATEMENT OF WEEDS, REFUSE AND ABANDONED MATERIALS
Sections:
8.37.030 Declaration of nuisance.
8.37.040 Concurrent authority.
8.37.050 Administration and enforcement.
8.37.070 Right of entry and inspection.
8.37.120 Administrative hearings.
8.37.140 Abatement liens—Special assessments.
8.37.010 Findings.
The city council finds and determines that the uncontrolled growth and/or accumulation of weeds, refuse and other discarded or abandoned materials on parking areas, streets, land or lots within the city creates a condition tending to reduce property values, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance to minors, creates a haven for rodents and insects, and generally creates a condition adverse to the health, safety and welfare of city residents. To eliminate these risks, the city council declares that weeds, refuse and abandoned materials in the city shall be abated in accordance with the provisions of this chapter. (Ord. 848 § 2 (part), 1996)
8.37.020 Definitions.
As used in this chapter:
“Abandoned materials” means any thing, item or product that has been discarded, abandoned, thrown aside, or left as worthless, regardless of the condition of the thing, item or product.
“Fire chief” means the administrative head of the city fire department or his/her designee.
“Refuse” means and includes any of the following:
1. Garbage, waste or rubbish;
2. Grass clippings, tree or shrub trimmings, or other organic materials; or
3. Unused or discarded collections of materials, including but not limited to wood, bedding, crockery, tires or construction debris.
“Responsible person” shall have the meaning designated in Section 1.08.020 of the Folsom Municipal Code. In addition to the definition set forth therein, “responsible person” means and includes each property owner as identified on the last equalized assessment roll available on the date of the violation.
“Streets” means and includes alleys, parkways, park paths, bicycle trails, roads, driveways, sidewalks and areas between sidewalks and curbs.
“Weeds” means and includes any of the following:
1. Weeds which bear seeds of a downy or wingy nature;
2. Sagebrush, chaparral and any other brush or weeds which attain such large growth as to become, when dry, a fire menace. (Ord. 848 § 2 (part), 1996)
8.37.030 Declaration of nuisance.
Any violation of the provisions of this chapter is hereby declared to be a nuisance, subject to redress as provided for in this chapter and Title 1 of the Folsom Municipal Code. (Ord. 848 § 2 (part), 1996)
8.37.040 Concurrent authority.
The provisions of this chapter do not provide the exclusive regulation for abatement of weeds, refuse and abandoned materials within the city. The rules set forth herein shall supplement and be in addition to other regulatory codes, statutes and/or ordinances heretofore and hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction over abatement of weeds, refuse and abandoned materials. (Ord. 848 § 2 (part), 1996)
8.37.050 Administration and enforcement.
A. The fire chief or his/her designee shall enforce the provisions of this chapter that pertain to the removal of weeds, refuse and/or abandoned materials that create a fire hazard. The code enforcement officer shall enforce all other provisions of this chapter.
B. The procedures for the abatement of weeds, refuse and/or abandoned materials that create a fire hazard shall be governed by the procedures set forth in Section 8.37.100 of this chapter.
C. The procedures for abatement of weeds, refuse and/or abandoned materials that do not constitute a fire hazard but do create conditions that constitute a nuisance as defined in this chapter shall be governed by the procedures set forth in Section 8.37.110 of this chapter. (Ord. 848 § 2 (part), 1996)
8.37.060 Penalties.
A. A violation of this chapter pursuant to the procedures set forth in Section 8.37.110, which pertain to the abatement of weeds, refuse and/or abandoned materials that do not constitute a fire hazard, shall be an administrative violation as defined in Section 1.08.020, of Chapter 1.08.
1. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of Section 8.37.110 of this chapter.
2. Based upon the standards for the imposition of administrative sanctions set forth in Section 1.09.014, a violation of Section 8.37.110 of this chapter shall be deemed a Level B violation, as that term is described in Section 1.09.012. The actual monetary sanctions levied for a violation of Section 8.37.110 of this chapter shall be as set forth in Section 1.09.012(B).
B. Unless any penalties are expressly incorporated by reference herein, the sanctions set forth in Section 1.09.012 for administrative violations shall not apply to violations of this chapter pursuant to procedures set forth in Section 8.37.100, which pertain to the abatement of weeds, refuse or abandoned materials that constitute a fire hazard. (Ord. 848 § 2 (part), 1996)
8.37.070 Right of entry and inspection.
The fire chief or personnel acting under his or her direction or the code enforcement officer may enter upon private or public property to enforce or administer the provisions of this chapter pursuant to the procedures established in Section 1.09.025. (Ord. 848 § 2 (part), 1996)
8.37.080 Prohibited activity.
No owner, lessee, tenant or occupant of any building, structure, residence, property, grounds or lots within the city shall allow or cause the accumulation or proliferation of weeds, refuse or abandoned materials on private property or on any streets within the city. (Ord. 848 § 2 (part), 1996)
8.37.090 Abatement.
It shall be the responsibility of any owner, tenant, lessee or occupant of any building, structure, residence, property, grounds or lots to abate and remove any accumulated weeds, refuse or abandoned materials located: (1) on private property; or (2) on any streets within the city if such person(s) placed the weeds, refuse and/or abandoned materials on such private property or streets, or otherwise own, are occupying, or have custody or control over such private property or streets. (Ord. 848 § 2 (part), 1996)
8.37.100 Enforcement procedures for abatement of weeds, refuse and/or abandoned materials that create a fire hazard.
The following procedures shall apply to the abatement of any weeds, refuse and/or abandoned materials that create a fire hazard:
A. The fire chief or his/her designee shall conduct periodic inspections of property within the city to determine whether any accumulation of weeds, refuse and/or abandoned materials constitutes a fire hazard. The fire chief or his/her designee shall also respond to and investigate citizen complaints that an accumulation of weeds, refuse and/or abandoned materials constitutes a fire hazard.
B. Upon a determination that any accumulation of weeds, refuse and/or abandoned materials constitutes a fire hazard, the fire chief or his/her designee shall send a written notice to all responsible persons advising such persons that the weeds, refuse and/or abandoned materials shall be abated by the date set forth in the notice. The written notice shall advise all responsible persons that if accumulated weeds, refuse and/or abandoned materials are not abated June 1st of the year in which the notice is sent out, the city will arrange for abatement at the expense of any and all responsible persons. The notice shall contain a section for a responsible person to return to the fire department to indicate whether the responsible person intends to perform the abatement, or whether the responsible person elects to have the fire department complete the abatement. The notice shall also contain a section for any person receiving the notice to advise the fire department that the property involved has been sold and the identity of the new owner(s).
C. The notice sent to a responsible person pursuant to this section shall advise the responsible person that the action required by that notice can be appealed through the administrative hearing procedures set forth in Section 1.09.030, and that the notice must be appealed within 10 days of the date of the notice.
D. If a responsible person does not either: (1) appeal the action requested by the notice, or (2) abate the weeds, refuse and/or other abandoned materials by the date set forth in the notice, the fire chief or his/her designee may enter upon the property identified in the notice to remove and abate such items. In the alternative, the fire chief, or his/her designee may contract with a private party or parties to cause the removal or abatement of such items, and such parties shall have the right of entry to the same extent as the fire chief. In the event the fire chief retains a private party or parties to effect removal or abatement, such party or parties shall operate under the control of the fire chief, and the fire chief shall impose such conditions and limitations upon the authority of the private party as he finds necessary to protect the property and any persons thereon.
E. In addition to any costs incurred by the city for abatement activity taken under this section, an administrative fee will be charged to reimburse the city for administrative time devoted to abatement of the weeds, refuse and/or other abandoned materials. The administrative fee will be established by resolution of the city council.
F. The fire chief or his/her designee shall serve the notice required under this section on each responsible person pursuant to the procedures set forth in Section 1.09.027. Any notices which are posted shall bear a title which reads “Notice to Remove Weeds, Noxious Vegetation, Refuse and Other Obstructions,” in a typeface not less than 1 inch in height. Notices which are posted shall be conspicuously posted in front of the property, or if the property has no frontage upon a street, then upon a portion of the property nearest to a street most likely to give actual notice to the owner(s). Notices shall be posted not more than 100 feet in distance apart upon property with more than 200 feet of frontage, and at least 1 notice shall be posted on each parcel with 200 or less feet of frontage.
G. If a responsible person refuses to allow the fire chief or his/her designee to abate the weeds, refuse and/or abandoned materials that create the fire hazard, the fire chief shall cause the service of a notice of administrative violation pursuant to the procedures set forth in Section 1.09.024. The administrative sanction for such a violation shall be deemed a Level B violation, as that term is described in Section 1.09.012. The actual monetary sanctions levied for such a violation shall be as set forth in Section 1.09.012(B). (Ord. 848 § 2 (part), 1996)
8.37.110 Abatement procedures for weeds, refuse and/or abandoned materials that do not create a fire hazard.
The following procedures shall apply to the abatement of weeds, refuse and/or abandoned materials that do not create a fire hazard:
A. Enforcement. The code enforcement officer or his/her designee shall implement a uniform procedure for the abatement of weeds, refuse and/or abandoned materials that constitute a nuisance in violation of this chapter. The code enforcement officer or his/her designee shall also respond to and investigate citizen complaints that concern the accumulation of weeds, refuse and/or abandoned materials to determine whether such materials constitute a nuisance in violation of this chapter.
B. Notice to Correct. If the code enforcement officer determines that a violation has occurred under this chapter, a notice to correct shall be served in accordance with the provisions of Chapter 1.09. The time to correct a violation of any provision of this chapter shall be 30 days. A notice to correct shall not be required if any of the circumstances set forth in Section 1.09.024 exist. The code enforcement officer shall serve the notice to correct on each responsible person pursuant to the procedures set forth in Section 1.09.027. As required under Section 1.09.023, the notice to correct shall contain the following information:
1. A description of the property by reference to the assessor’s parcel number as used in the records of the county assessor, and by reference to the common name of a street upon which the property abuts, if the property abuts upon a street;
2. A statement describing the weeds, refuse and/or abandoned materials upon the property that violate this chapter;
3. Citation to this chapter and any other applicable laws that have been violated;
4. A request that such weeds, refuse and/or abandoned materials be removed or abated by a date certain, which shall not be less than 30 calendar days following the mailing or posting of the notice;
5. Notification of rights to appeal the notice to correct as provided for in Chapter 1.09.
C. Notice of Administrative Violation. If the weeds, refuse and/or abandoned materials are not abated and/or removed within the time set forth in the notice to correct, the code enforcement officer shall issue a notice of administrative violation pursuant to the procedures set forth in Section 1.09.024. All responsible persons shall have the right to request an administrative hearing as set forth in Section 1.09.030. If no hearing is requested within 10 days of the service of any notice of administrative violation, there shall be no further rights to appeal the notice of administrative violation unless there is a showing of good cause for the delay. In such a case, the procedures set forth in Section 1.09.032 shall apply.
D. Notice to Abate. At the time of service of either the notice to correct or the notice of administrative violation, or at anytime thereafter, the code enforcement officer may also serve a notice to abate a nuisance pursuant to Section 1.10.020. The notice to abate shall constitute the notification that if the required corrective action is not taken by the date specified, the weeds, refuse and/or abandoned materials described therein may be removed under authority of the city and that the costs of such removal and abatement shall be made a legal charge against the owner(s) of the property, a lien on the property, and subject to collection with property taxes as provided for in Chapter 1.10. The notice to abate is subject to appeal as set forth in Section 1.10.020 and the rights to appeal shall be specifically set forth in the notice. (Ord. 848 § 2 (part), 1996)
8.37.120 Administrative hearings.
Administrative hearings shall be conducted pursuant to the procedures set forth in Section 1.09.030 through 1.09.048. (Ord. 848 § 2 (part), 1996)
8.37.130 Judicial review.
If a hearing is requested, the decision of the hearing officer shall be the final administrative decision and shall not be appealable to the city council or any committee or commission of the city. Appeal of the hearing officer’s decision shall be governed by the timelines and procedures established in Sections 1.09.050 through 1.09.059. (Ord. 848 § 2 (part), 1996)
8.37.140 Abatement liens—Special assessments.
A. The costs of abatement, administrative fees and any administrative penalties assessed or imposed pursuant to this chapter shall be declared a lien against the property pursuant to the procedures set forth in Section 1.10.020. The abatement lien shall include those costs set forth in Section 1.10.020(D)(4). The abatement lien shall be recorded pursuant to the procedures set forth in Section 1.10.020(D).
B. In addition to recording an abatement lien, all costs and penalties may be declared a special assessment pursuant to the procedures set forth in Section 1.10.020(D)(4). Such assessment may then be collected as provided for in that section.
C. Any costs and administrative fees incurred to abate weeds, refuse and/or abandoned materials prior to the effective date of this ordinance may be declared a lien against the property pursuant to the procedures set forth in Section 1.10.020. (Ord. 848 § 2 (part), 1996)