Chapter 8.32
WEED, RUBBLE AND RUBBISH CONTROL
Sections:
8.32.040 Removal - private property.
8.32.050 Removal-sidewalks and streets.
8.32.060 Prevention-private property.
8.32.070 Prevention-sidewalks and streets.
8.32.080 Publication of notice.
8.32.100 Abatement - form of notice to remove.
8.32.110 Abatement-reports to city council.
8.32.140 Account and report of costs.
8.32.150 Lien for abatement costs.
8.32.160 Special assessment for abatement costs.
8.32.170 Alternate procedure for collection of abatement costs.
8.32.010 Definitions.
Certain words and phrases are defined in this section to clarify their use in this chapter. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.
“City clerk” means and includes the city clerk of the city of Galt and his or her authorized representatives.
“City council” means and includes the city council of the city of Galt.
“City engineer” means and includes the city engineer of the city of Galt and his or her designated representatives.
“City manager” means and includes the city manager of the city of Galt and his or her authorized representatives.
“Owner” means the legal owner of real property fronting on any street in the city. Owner shall include any individual, firm, partnership, copartnership, joint venture, association, company, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the lessees, trustees, agents, employees, servants and representatives of same, and the plural as well as the singular number.
“Rubble” means and includes any rubble, residue, structure or part or portions of a structure, remaining after the demolition or partial demolition of any building or structure in the city.
“Rubbish” means and includes all putrescible and nonputrescible, combustible and noncombustible, solid wastes, including garbage, refuse, trash, garden refuse, tree trimmings, ashes, tin cans, dirt, street cleanings, dead animals, abandoned or no longer used motor vehicles, junk, or worthless and useless articles, which are in such a state or in such quantity as to be unsightly and offensive to the senses or detrimental to the attractiveness of the surroundings, against the general welfare, unhealthful, dangerous to persons or property, or an interference with the abatement of weeds and any other offensive or nauseous substances.
“Sidewalk” means that portion of a street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel and includes any park or parking strip maintained in the area between the property line and the street line.
“Street” means and includes any public or private thoroughfare which affords principal or secondary access by vehicles to abutting property, including any street, avenue, place, way, drive, lane, boulevard, highway, road, alley or any other thoroughfare used by vehicles, and any public rights-of-way, or any portions thereof, in the city.
“Weeds” means all grass, weeds, plants or brush growing upon streets, sidewalks or private property in the city and includes any of the following:
1. Weeds which bear seeds of a downy or wingy nature;
2. Mistletoe or other parasite growth;
3. Sandburrs or puncture vines;
4. Sagebrush, chaparral and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;
5. Weeds which are otherwise noxious or dangerous;
6. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;
7. Dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard. (Ord. 93-11 § 1; Ord. 86-8 § 1 (part))
8.32.020 Construction.
The provisions of this chapter are intended to supplement rather than supplant the provisions of the Uniform Fire Code, as adopted by reference elsewhere in this title, or any similar provisions in this code. (Ord. 86-8 § 1 (part))
8.32.030 Public nuisance.
All weeds, rubble, rubbish or other rank growths located upon private property or upon sidewalks and streets abutting private property within the city, which constitute a fire menace or which are otherwise a menace to health or safety, are a public nuisance and may be abated as provided in this chapter. (Ord. 86-8 § 1 (part))
8.32.040 Removal - private property.
It is the duty of every owner of private property within the city to remove and destroy all weeds, rubble, rubbish or other rank growths located on their property. Weeds growing upon any lot or tract of land which appears on the assessment roll as a single parcel and exceeds one acre in size may be abated by the removal of such weeds from a thirty-foot area around the entire perimeter of the parcel and around all structures situated thereon. In all other cases, weeds must be removed from the entire parcel. (Ord. 86-8 § 1 (part))
8.32.050 Removal-sidewalks and streets.
It is the duty of every owner of private property within the city to remove all weeds, rubble, rubbish or other obstructions from the sidewalks and the half of the streets abutting their property. (Ord. 86-8 § 1 (part))
8.32.060 Prevention-private property.
Every owner of private property within the city shall keep such property free and clear of all weeds, rubble, rubbish or other rank growths, which from any cause whatsoever have accumulated thereon. (Ord. 86-8 § 1 (part))
8.32.070 Prevention-sidewalks and streets.
Every owner of private property within the city shall keep the sidewalks and the half of the streets abutting their property free and clear of all weeds, rubble, rubbish or other obstructions, which from any cause whatsoever have accumulated thereon. (Ord. 86-8 § 1 (part))
8.32.080 Publication of notice.
At least annually, or when the weeds, rubble and rubbish are, in the city manager’s discretion, posing or potentially pose a fire menace, health and safety menace or public nuisance, the city manager shall cause to be published twice in a newspaper of general circulation in the city providing as follows:
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NOTICE TO ALL PROPERTY OWNERS WITHIN THE GALT CITY LIMITS TO REMOVE GRASS, WEEDS, RUBBLE AND RUBBISH PRIOR TO THE COMMENCEMENT OF FIRE SEASON WHICH IS ___________. |
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All owners of private property within the Galt city limits are notified to remove or destroy all weeds, rubble or rubbish on their property and the sidewalks and the half of the streets abutting thereto prior to the commencement of fire season. |
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ANY PROPERTY OWNER FAILING TO COMPLY WITH THIS NOTICE WILL BE SUBJECT TO A MUNICIPAL COURT CITATION FOR A MISDEMEANOR VIOLATION OF CHAPTER 8.32 OF THE GALT MUNICIPAL CODE. |
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CITY MANAGER, City of Galt |
(Ord. 97-05 § 1: Ord. 93-11 §2: Ord. 86-8 § 1 (part))
8.32.090 Abatement - notice.
A. At least once each year, or when the weed, rubble and rubbish, in the City Manager’s judgment, are posing or potentially pose a fire menace, health and safety menace or public nuisance, the City Manager or his designated agent shall identify those parcels of property or the sidewalks and the half of the streets abutting thereto within the city upon which weeds, rubble or rubbish exist in violation of this Chapter. Upon the failure of any owner to remove or destroy such weeds, rubble or rubbish in accordance with this Chapter, the owner involved shall be notified by the city manager or his designated agent to remove or destroy the same within a period of ten (10) days. The notice to abate shall be in writing or printed and shall be substantially the form set out in section 8.32.100.
B. The notice to abate shall be posted in a conspicuous place upon the property and shall be mailed to the owner of the property as shown on the last equalized assessment roll. If the owner’s address as shown on the first equalized assessment roll is different from the street address, if any, of the subject property, a copy of the notice to abate shall also be sent to the street address of the property to the attention of “occupant.” On or before the last day of the ten-day period set forth in the notice to abate, the owner, if he or she has any objection thereto, may appeal by filing an appeal hearing request with the City Clerk. All such requests must be in writing and set forth the name, address and telephone number of the owner, a brief description of the property and the legal and factual reasons upon which the appeal is based. If, at the end of the ten-day period set forth in the notice to abate, the owner fails to either comply or file a written appeal hearing request with the City Clerk, a misdemeanor citation shall be issued and duly served upon the owner for violation of this Chapter and the City Engineer shall abate the weeds, rubble or rubbish in accordance with this Chapter. (Ord. 2006-07, Amended, 06/06/2006; Ord. 93-11 § 3: Ord. 86-8 § 1 (part))
8.32.100 Abatement - form of notice to remove.
The notice to abate to be posted and mailed in accordance with section 8.32.090 shall be in the following form:
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NOTICE TO REMOVE OR DESTROY WEEDS, RUBBLE OR RUBBISH. |
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Notice is hereby given that the weeds, rubble or rubbish in existence upon your property located at ________________, and the half of the streets abutting thereto, as the case may be, constitute a public nuisance and must be removed or destroyed in accordance with Chapter 8.32 of the Galt Municipal Code within ten (10) days of this notice; otherwise, such weeds, rubble or rubbish shall be abated by City authorities, in which case the cost of abatement shall be made a special assessment on the property and constitute a lien thereon until paid. |
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NOTICE IS HEREBY FURTHER GIVEN THAT IF YOU FAIL TO COMPLY WITH THIS NOTICE, A MISDEMEANOR CITATION WILL BE DULY ISSUED AND SERVED UPON YOU REQUIRING YOU TO APPEAR IN RESPONSE THERETO BEFORE THE SOUTH SACRAMENTO MUNICIPAL COURT DISTRICT, GALT BRANCH. FAILURE TO COMPLY MAY RESULT IN ADDITIONAL CITATION(S), FINE(S) OR IMPRISONMENT, OR BOTH. |
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Notice is hereby further given that if you object to the call for removal or destruction of such weeds, rubble or rubbish, you may appeal by filing an appeal hearing request with the City Clerk within ten (10) days of the date of this notice. Such request must be in writing and set forth your name, address and telephone number, a brief description of the subject property and the legal and factual reasons upon which your appeal is based. |
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A brief official or city assessment description of the subject property is as follows: |
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A.P.N. |
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DATED: |
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CITY MANAGER, City of Galt |
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(Ord. 2006-07, Amended, 06/06/2006; Ord. 93-11 § 4: Ord. 86-8 § 1 (part))
8.32.110 Abatement - reports to city council.
A. The city manager or his designated agent shall submit a written report to the city council at the first regular meeting of June of each year and in accordance with Section 8.32.100 containing the following information concerning those parcels of property upon which weeds, rubble or rubbish continue to exist in violation of the notice to remove:
1. The street address or other method of identifying the location of the property;
2. The assessor’s parcel numbers of such property and the names and addresses of the record owners;
3. A general description of the condition upon each parcel or the sidewalks and the half of the streets abutting thereto, whereon the weeds, rubble or rubbish constituting the nuisance are located.
B. The city engineer shall submit a written report to the city council that sets the rate to be charged for the labor and equipment necessary to enforce this chapter, using city crews or private contractors, and estimate of the total expenses to be incurred by the city in enforcing this chapter based upon the report of the city manager or his designated agent. (Ord. 93-11 § 5: Ord. 86-8 § 1 (part))
8.32.120 Abatement - hearing.
If the owner objects to the determination of the City Manager and files a timely written appeal hearing request with the City Clerk, such hearing shall be set and conducted pursuant to section 21.03.060. If the hearing officer rejects the appeal and upholds the determination of the City Manager, the owner shall have seven (7) days from the date of the hearing officer’s decision to comply, after which a misdemeanor citation shall be issued and served upon the owner for violation of this Chapter and the City Engineer shall abate the weeds, rubble or rubbish in accordance with this Chapter. If the hearing officer does not uphold the determination of the City Manager, such action may be taken as the hearing officer recommends. In all cases, the City Clerk shall give mailed notice to the owner of the hearing officer’s decision, the time period, if any, within which to comply and the penalty, if any, for failing to comply. (Ord. 2006-07, Amended, 06/06/2006); (Ord. 94-09 § 1: Ord. 86-8 § 1 (part))
8.32.130 Abatement--By city.
If at the end of the time periods set forth in Sections 8.32.090 and 8.32.120 the owner has failed to comply with the notice to remove or has not successfully appealed there from, the city engineer shall cause the weeds, rubble or rubbish to be abated. The city engineer may, at his discretion use either city crews or private contractors to perform such work. Any owner or other person who prevents or obstructs the abatement of such weeds, rubble or rubbish shall be in violation of this chapter. (Ord. 86-8 § 1 (part))
8.32.140 Account and report of costs.
The city engineer shall keep an account of the cost of abatement for each separate parcel of property upon which work is performed. The city engineer shall file an itemized written report showing all such costs with the city clerk. Any person owning property who received a notice to abate and who files a written request therefore with the city clerk shall be entitled to written notification of the submission of the city engineer’s report. (Ord. 86-8 § 1 (part))
8.32.150 Lien for abatement costs.
In the event the city abates the weeds, rubble or rubbish as provided by 8.32.130, the costs of abatement shall be recouped by lien pursuant to section 21.01.100. (Ord. 2006-07, Amended, 06/06/2006; Ord. 86-8 § 1 (part))
8.32.160 Special assessment for abatement costs.
As an alternative to the lien procedure provided by section 8.32.150, the costs of abatement may be recouped by special assessment pursuant to section 21.01.110. (Ord. 2006-07, Repealed and Replaced, 06/06/2006)
8.32.170 Alternate procedure for collection of abatement costs.
The cost of abatement, upon recordation by the City Clerk in the book kept for that purpose in accordance with section 8.32.150, shall also be a personal indebtedness of the owner of the property upon which the abatement work has been performed and may be collected directly by the city by the institution of a legal proceeding in any court of competent jurisdiction as provided by sections 21.01.060 and 21.01.080. In addition to the abatement costs, the owner shall be liable for a penalty of ten percent (10%) of such costs, plus interest at the legal rate on the amount recovered. If there is more than one owner, their liability shall be joint and several. The procedure authorized by this section shall be an alternate to the lien procedure pursuant to section 8.32.150 or special assessment procedure pursuant to section 8.32.160. (Ord. 2006-07, Amended, 06/06/2006; Ord. 86-8 § 1 (part))
8.32.180 Refunds.
The city council may order refunded all or part of a special assessment paid pursuant to this chapter if it finds that all or part of the special assessment has been erroneously levied. A special assessment or portion thereof shall be refunded unless a claim is filed with the city clerk on or before the March 1st after the special assessment became due and payable. The claim shall be verified by the owner who paid the assessment, or his guardian, executor, administrator, assignee or successor in interest. (Ord. 86-8 § 1 (part))
8.32.190 Standards.
In removing or destroying weeds, rubble or rubbish, in accordance with this chapter, owners shall comply with such standards as may be established by the city. (Ord. 94-09 § 2: Ord. 86-8 § 1 (part))
8.32.200 Violation.
The violation of any of the provisions of this Chapter is unlawful and an offense. Each day that conditions or actions in violation of any provision of this Chapter continue is deemed a separate and distinct offense. Such violations shall be punished as provided by Chapter 21.01 of Title 21. (Ord. 2006-07, Amended, 06/06/2006; Ord. 92-04 § 15: Ord. 86-8 § 1 (part))
8.32.210 No open burning.
Notwithstanding any other portion of this chapter, no burning of weeds, rubble, rubbish or trash shall occur on any open space within the city. (Ord. 96-14 § 1: Ord. 93-11 § 6)