Chapter 8.08
NUISANCES
Sections:
8.08.020 Buildings and grounds.
8.08.030 Streets and sidewalks.
8.08.035 Animals as a nuisance.
8.08.040 Removal – Buildings and grounds.
8.08.050 Removal – Streets and sidewalks.
8.08.060 Prevention – Private property.
8.08.070 Prevention – Public property.
8.08.110 Abatement – Cost assessment.
8.08.010 Definitions.
As used in this chapter, the following words have the meanings ascribed to them in this section:
A. “Parkings” means the area between the established concrete curbing and the private property line.
B. “Street” means a 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, and any other thoroughfare used by vehicles.
C. “Weeds” means all weeds growing upon roads, streets, sidewalks, or private property as defined by the Health and Safety Code, Section 14875, and includes dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.
D. “Household pets” means animals permitted in the house and kept for company or pleasure such as: dogs, cats, domesticated small animals such as hamsters and guinea pigs, and birds, not including a sufficient number to constitute a kennel, as defined in HMC 6.08.080. Household pets shall not include cows, horses, goats, hogs, sheep, chickens, or other farm or exotic animals. (Ord. 15-09 § 1, 2015; Ord. 82-8 § 2, 1982; Ord. 73-8 § 3, 1973)
8.08.020 Buildings and grounds.
All dirt, rubbish, weeds, or other rank growths located upon any buildings, grounds, or lots 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. 73-8 § 1, 1973)
8.08.030 Streets and sidewalks.
All grass, weeds, or other constructions located upon any sidewalks, parkings, or streets 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. 73-8 § 2, 1973)
8.08.035 Animals as a nuisance.
No person, whether as owner or occupant, shall permit animals, except household pets as defined in this chapter, to reside, be placed on, or located on or in structures which are residential in nature. Animals which are not household pets as defined in this chapter and which are located in or on such residential property or structures in the city threaten the health, welfare and safety of the citizens of the city as a sanitation hazard and therefore are a public nuisance and may be abated as provided in this chapter. (Ord. 15-09 § 2, 2015; Ord. 90-14 § 3, 1990)
8.08.040 Removal – Buildings and grounds.
It is the duty of every owner of buildings, grounds, or lots within the city to remove dirt, rubbish, weeds, or other rank growths from such property or adjacent sidewalks, as designated in HMC 8.08.010, from said buildings, grounds, or lots. (Ord. 73-8 § 4, 1973)
8.08.050 Removal – Streets and sidewalks.
It is the duty of every owner of buildings, grounds, or lots within the city to remove grass, weeds, or other obstructions from the sidewalks and parkings and the half of the streets as abut his buildings, grounds, or lots as designated in HMC 8.08.020. (Ord. 73-8 § 5, 1973)
8.08.055 Removal – Animals.
It is the duty of every owner or occupant of buildings, grounds, or lots within the city to remove animals which are not household pets or those household pets which are too numerous from his buildings, grounds, or lots as designated in HMC 8.08.035. (Ord. 90-14 § 4, 1990)
8.08.060 Prevention – Private property.
Every owner or occupant of buildings, grounds, or lots in the city shall keep such buildings, grounds, or lots free and clear of all dirt, rubbish, weeds or other rank growths, which from any cause whatever have accumulated upon the property. Every owner or occupant of buildings, grounds, or lots which are residential in nature in the city shall only permit household pets as defined in Chapter 6.08 HMC in or on his or her property and shall prevent household pets of too numerous a number in or on such property. (Ord. 90-14 § 5, 1990; Ord. 73-8 § 6, 1973)
8.08.070 Prevention – Public property.
Every owner of buildings, grounds, or lots in the city shall keep the sidewalks and parkings and the half of the streets as abut his buildings, grounds, or lots free and clear of all grass, weeds, or other obstructions as described in HMC 8.08.020 which from any cause whatever have accumulated thereon. (Ord. 73-8 § 7, 1973)
8.08.080 Abatement – Notice.
Upon the failure of any owner to destroy or remove such dirt, rubbish, weeds, or other rank growths, grass or other obstructions as described in HMC 8.08.010 and 8.08.020 in the manner designated in this chapter, the owner of the real property involved shall be notified by the fire chief to remove the same within a period of seven days. The notice shall identify the property by its commonly known name, the street, road, or highway upon which it is located, and shall describe the property by reference to the tract, block, lot, code area, and parcel number as used in the records of the Stanislaus County assessor. The notice shall state that the grass, weeds, dirt, rubbish, or other obstructions on the property or sidewalks, parkings and the half of the streets as abut the property, as the case may be, is a nuisance and hazard and that by the provision of this chapter they must be abated by the owner; otherwise, they will be abated by city authorities, in which case the cost of abatement shall be a special assessment on the property and will constitute a lien on the property until paid. The notice shall contain the name of the fire chief and shall state that an appeal from the notice may be made in writing to the city council through the office of the city clerk, and give his name, address, telephone number, and the date by which such appeal must be made. The notice shall be in writing or printed and shall be posted in a conspicuous place upon the property for a period of seven days and shall be mailed to the property owner as shown on the assessment roll. (Ord. 73-8 § 8, 1973)
8.08.090 Abatement – Hearing.
If the property owner objects to the determination of the fire chief that the condition of his property is such as is described in HMC 8.08.010 or 8.08.020, he may file his objection in writing with the city council through the city clerk’s office within the seven days after the date of the notice, and such objection shall be heard as soon thereafter as the business of the council will permit. If the council upholds the determination of the fire chief, the property owner shall be allowed seven days thereafter to comply, after which the procedure in HMC 8.08.100 and 8.08.110 shall be employed. If the council does not uphold the determination of the fire chief, such action may be taken as the council directs. (Ord. 73-8 § 9, 1973)
8.08.100 Abatement – By city.
If, at the end of the period set forth in HMC 8.08.080 and 8.08.090, the owner has failed to comply with the notice or has not successfully objected thereto, the fire chief shall notify the director of public works who shall cause the nuisance as described to be removed and shall charge the expense of the work of removing the same to the owner of the property and it shall become a lien on the property and shall constitute a special assessment against the property in accordance with Sections 38773 and 38773.5 of the Government Code. (Ord. 73-8 § 10, 1973)
8.08.110 Abatement – Cost assessment.
Upon completion of the work of removal of the nuisance, the city clerk shall notify the owner of the real property in writing of the expense of the work. If the owner fails or refuses to pay the amount of the expense within a period of 30 days from the date of mailing the notice, payment to be made to the city, the city clerk shall cause to be recorded notice of the lien on the property cleared or chargeable for the clearing, in the office of the recorder of Stanislaus County for the amount due. On the first business day in September, the city clerk shall certify to the county auditor the names, and amount due, from the property owners whose obligation under this chapter remains unpaid, for entry on the tax roll. After receipt of the amount due, the city clerk shall cause to be recorded a release of lien in the county recorder’s office. (Ord. 73-8 § 11, 1973)
8.08.120 Exceptions.
Nothing in this chapter shall be construed to require the removal from the property of any ornamental trees, plants, lawns, or shrubs of a reasonable growth; provided, the same are not in any manner obstructions to the free use of the sidewalk or streets in front of or along the property by pedestrians or vehicles. (Ord. 73-8 § 12, 1973)