Chapter 6.05
WEED AND RUBBISH ABATEMENT
Sections:
6.05.030 Unlawful to maintain.
6.05.035 Duty of owner, agent or person in control.
6.05.050 Destruction and removal – Required.
6.05.060 Destruction and removal – Methods.
6.05.070 Destruction and removal – Large parcels.
6.05.080 Inspection by Fire Chief – Notice to remove.
6.05.090 Abatement notice – Form – Posting – Service.
6.05.110 Failure to remove – Performance of work by City – Costs – Lien.
6.05.120 Destruction and removal – By City – Cost report, billing and accounting.
6.05.130 Destruction and removal – By City – Notice of report and hearing.
6.05.140 Destruction and removal – By City – Hearing and confirmation.
6.05.150 Destruction and removal – By City – Effect of assessment – Notice of lien.
6.05.160 Destruction and removal – By City – Collection of assessment – Transfer to unsecured roll.
6.05.010 Purpose.
Uncontrolled growth and/or accumulation of overgrown grass, weeds, brush, rubbish, or debris provides ready fuel to augment the spread and intensity of a fire. These materials and conditions constitute fire, health, or safety hazards. By removing overgrown brush, flammable vegetation, combustible growth, rubbish, or debris from developed and undeveloped properties, the fire danger in high fire severity zones can be significantly reduced. (Ord. CCO-06-04, 2006)
6.05.020 Definitions.
(A) “Fire Chief” means the chief officer of the Fire Department of the City of Mt. Shasta, or his designated representative or representatives.
(B) “Tax collector” means the Finance Director of the City of Mt. Shasta, or his designated representative.
(C) “Person” means any individual, firm, association, partnership, or corporation, and includes the City, County, recreation district, school district, and any other public agencies of the local, State or Federal government.
(D) “Street” includes a public street, alley, lane, court, parkway, driveway, sidewalk, and the area between a sidewalk and the curb.
(E) “Weed abatement” means the removal or destruction of weeds or rubbish, or both, from private or public property and streets in the City of Mt. Shasta.
(F) “Weed abatement program” means the program conducted by the City through its own personnel or by independent contractor hired by the City to remove or destroy weeds, brush, or rubbish from private or public property and the streets in the City.
(G) “Rubbish” means waste matter, litter, trash, refuse, debris or dirt which is, or when dry may become, a fire hazard, or which may become a menace to health, or which is offensive to the senses.
(H) “Noxious weeds” include, but are not limited to, any of the following:
(1) Weeds which bear seeds of a downy or twiggy nature.
(2) Sagebrush, chaparral, manzanita, or any other brush, shrubs, vines or weeds which attain such large growth as to become, when dry, a fire hazard.
(3) Poison oak, poison ivy or any other harmful plant when the condition of growth is such as to constitute a menace to the public health.
(4) Dry grass, stubble, brush, shrubs, vines, dead or diseased trees or the branches or roots thereof, or other flammable material which endangers the public safety by creating a fire hazard.
(5) Weeds, brush, grass, shrubs, vines and diseased trees or branches or roots thereof which are noxious or dangerous. (Ord. CCO-06-04, 2006)
6.05.030 Unlawful to maintain.
It is unlawful for the owner or occupant of any lot or premises within the City to maintain thereon any weeds, brush, rubbish, grass or material likely to become easily ignited. (Ord. CCO-06-04, 2006)
6.05.035 Duty of owner, agent or person in control.
(A) It shall be the duty of the owner, agent or person in control of any lot, piece or parcel of land in the City to remove all noxious weeds, vegetation or dry grass and all dead trees, rubbish, refuse, unusable or abandoned automobiles or parts thereof, cement, concrete, or foundations from dismantled buildings or buildings in such disrepair as to be a fire hazard, or waste materials of any kind which may endanger or injure neighboring property or the welfare of the residents in the immediate vicinity.
(B) The owner, agent, occupant or person in control of any lot within the City shall keep the sidewalks adjoining the same clean and clear of all weeds, dry vegetation or rubbish to the outer line street curb adjoining such lots. (Ord. CCO-06-04, 2006)
6.05.040 Nuisance declared.
The City Council hereby declares that all weeds, as described in MSMC 6.05.010, growing upon private or public property in the City and all rubbish on such property are public nuisances and are subject to abatement by eradication and/or removal under the provisions of MSMC 6.05.050 through 6.05.070. (Ord. CCO-06-04, 2006)
6.05.050 Destruction and removal – Required.
It is unlawful for any person owning, occupying, renting, managing or controlling any real property in the City to cause or permit any weeds, brush, or dry vegetation, or to place, cause or permit any rubbish or material, likely to become easily ignited, to be or remain on such real property in the City or on portions of the streets that adjoin such property. It shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Removal or destruction by burning within the City is unlawful unless the written permission of the Fire Chief is first obtained. (Ord. CCO-06-04, 2006)
6.05.060 Destruction and removal – Methods.
(A) Weeds shall be removed or destroyed by discing, rototilling, preventative chemical control, and cutting, or other process or processes as determined by the Fire Chief to be an efficient and economical means of abatement.
(B) Rubbish shall be removed to an approved dump site unless it is biodegradable and the Fire Chief authorizes its burial on the property. The property shall be granted the option of using any of the approved methods of removal if the Fire Chief finds that the use of such method is practical under the circumstances.
(C) Weeds or rubbish, or both, when removed from the property shall be transported and disposed of only in the manner prescribed by applicable Federal, State, and local laws. (Ord. CCO-06-04, 2006)
6.05.070 Destruction and removal – Large parcels.
In any instance where the property involved is one acre or larger in size and/or is located in a sparsely populated area of the City, the Fire Chief may direct that proper firebreaks be cut in lieu of requiring that the weeds/brush be moved from or destroyed on the whole of such property. (Ord. CCO-06-04, 2006)
6.05.080 Inspection by Fire Chief – Notice to remove.
It is the duty of the Fire Chief, or his designee, to make periodic inspections of all property, lands and lots in the City, and whenever or wherever he shall find weeds, grass, or other material likely to become easily ignited, he shall give notice to remove such weeds, grass, rubbish, or other easily combustible material as provided in MSMC 6.05.090. (Ord. CCO-06-04, 2006)
6.05.090 Abatement notice – Form – Posting – Service.
Proceedings under this chapter shall commence when a violation of this chapter is identified and notice is given in the manner prescribed as follows: The Fire Chief or his designated representative shall mail written notice to each person that has an ownership interest in the property to which the violation pertains. Ownership interest shall be determined based on the last equalized assessment roll available on the date of mailing of the notice. Notification shall also be accomplished by posting on the property where the violation occurred.
The contents of written and posted notices shall include the following:
(A) 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 or road upon which the property abuts, if the property abuts upon a road or street.
(B) A statement that there are weeds, rubbish or other combustible material upon the property.
(C) A request that such weeds, rubbish or combustible material be removed or abated by a certain date, which shall not be less than 15 calendar days following the mailing or posting the notice.
(D) A statement that the weeds, rubbish or refuse may be removed under authority of the City and the costs of such removal and abatement made a legal charge against the owner or owners of the property, a lien on the property and subject to collection with property taxes as specified under Cal. Gov’t Code § 25845.
(E) A statement referencing the right to appeal the Fire Chief’s determination.
(F) With respect to the notices which are posted, the title shall read “Notice to Remove Weeds, Grass, Noxious Vegetation, Rubbish and Other Obstructions,” in letters not less than one inch in height, and which, in legible characters, shall direct the removal of such weeds, grass, rubbish or other combustible material within 15 days from the posting or service, which date of posting or service shall be stated in such notice.
Notices which are posted shall be conspicuously posted in front of the property, or if the property has no frontage upon a road or street, then upon a portion of the property nearest to a road or a street most likely to give actual notice to the owner. Notices shall be posted not more than 100 feet in distance apart upon property with more than 200 feet of frontage, and at least one notice shall be posted on each parcel with 200 or less feet of frontage. (Ord. CCO-06-04, 2006)
6.05.100 Appeal.
Any person who is adversely affected by the notice set forth in MSMC 6.05.080 may appeal such notice by requesting an appeal hearing in writing within 15 days of the date of the notice. Timely appeal shall stay any further action for removal or abatement until the date set for hearing, unless the weeds at issue present an imminent fire hazard within 100 feet of any property containing a structure. The Fire Department shall set the matter for hearing before the City Council. The appellant shall be provided with a notice of the appeal hearing at least 15 days prior to the hearing date. The appellant shall have the right to appear in person or by agent, designated in writing, at the hearing and present oral, written and/or photographic evidence. The order of the City Council denying or granting the appeal shall be issued within 15 days of the date of the hearing. (Ord. CCO-06-04, 2006)
6.05.110 Failure to remove – Performance of work by City – Costs – Lien.
(A) Should such person or persons owning, occupying, renting, managing, or controlling any real property in the City fail, refuse or neglect to remove such weeds, grass, rubbish, or other easily combustible material at the end of the time allowed for compliance in the original notice, or as extended by administrative agreement or the City Council, the Fire Department may order such weeds or other flammable vegetation/material to be removed by City crews or by private contractor.
It shall be the duty of the Fire Chief and his representatives to destroy or remove such weeds or rubbish, and each of them are expressly authorized to enter upon such property, whether privately or publicly owned, for such purpose. It is unlawful for any person to interfere, hinder, or refuse to allow them to enter upon the property for such purpose, and to destroy or remove weeds or rubbish in accordance with this chapter.
(B) Any person owning, occupying, renting, managing, or controlling real property in the City shall have the right to destroy or remove weeds or rubbish, or both, or have the same destroyed or removed at his own expense up to the time that the Fire Chief or his authorized representative has listed as the final date for the work to be completed on the “Notice to Remove Weeds, Grass, Noxious Vegetation, Rubbish or Other Obstructions” order. If the weeds and/or rubbish have not been destroyed or removed after expiration of the 15-day notice, the property shall be under the control of the Fire Chief for the purpose of accomplishing the abatement work, and it is unlawful for any person to interfere, hinder, or obstruct the Fire Chief or his lawful representative or representatives in doing the work.
Such owner of the property shall be indebted to the City for the cost of abatement, and there shall be a lien against such property in an amount equal to all costs involved in such work.
(C) Nothing in this chapter shall preclude the Fire Chief or other enforcement officer from taking action to abate litter, refuse, rubbish or weeds under the provisions of the California Health and Safety Code where it is determined that the public health, safety and welfare required more expeditious action to remove or destroy such hazardous or offensive material. (Ord. CCO-06-04, 2006)
6.05.120 Destruction and removal – By City – Cost report, billing and accounting.
(A) The Fire Chief shall promptly report in writing to the tax collector the cost of destruction or removal of weeds or rubbish, or both, which was done at the expense of the City, the dates same was done, and the name of the owner or owners and a description of the parcel or parcels upon which the weed abatement work was done, their mailing addresses, and any other information deemed pertinent.
(B) Upon receipt of the report, the tax collector shall immediately bill the person or persons responsible for payment of the cost of the weed abatement work, together with an administrative charge as set by a resolution of the City Council on file in the City Clerk’s office, stating that the billing is due and payable within 30 days of its date, and if not paid within that time the amount thereof may become a lien on the property upon which the weed abatement work was performed and may be collected with taxes on the secured tax roll of Siskiyou County.
(C) The tax collector shall keep an account of the costs, including administrative charges, incurred by the City to destroy or remove weeds and rubbish for each separate lot or parcel of land and the portions of streets adjoining the same and shall include such account in a report and assessment list made to the City Council, which report shall be filed with the City Clerk.
Such report shall refer to each separate lot or parcel of land by description reasonably sufficient to identify the same, together with the expenses, including administrative charges, proposed to be assessed against it. The report and assessment list need not contain any reference to lots or parcels of land upon which weed abatement has been done at the expense of the City, if the cost thereof has been paid to the City prior to the preparation of the report and assessment list. (Ord. CCO-06-04, 2006)
6.05.130 Destruction and removal – By City – Notice of report and hearing.
(A) The City Clerk shall post a copy of the tax collector’s report and assessment list at City Hall, together with notice of the filing thereof and the time and place when and where it will be submitted to the City Council for hearing and confirmation. The tax collector shall mail to the person or persons whose property is mentioned in the report and assessment list a notice of “Assessment for Destruction or Removal of Weeds or Rubbish, or Both, and Notice of Hearing to Confirm Assessment.”
(B) The posting of the tax collector’s report and assessment list and the mailing of notice to property owners shall be done at least 10 days before the date of the hearing scheduled before City Council. (Ord. CCO-06-04, 2006)
6.05.140 Destruction and removal – By City – Hearing and confirmation.
At the time and place fixed for receiving and considering the tax collector’s report and assessment list, the City Council shall hear the same together with any protests or objections which may be raised or lodged by property owners or other interested persons. Upon the conclusion of such hearing, the City Council shall make such corrections or modifications in any proposed assessment or assessments which it may deem to be excessive or otherwise incorrect after which such assessment or assessments shall be confirmed by resolution adopted by the City Council. The City Council may delete from the report and cancel any proposed assessment found improper or unjustified. The confirmation of the report and assessments by the City Council shall be final and conclusive. (Ord. CCO-06-04, 2006)
6.05.150 Destruction and removal – By City – Effect of assessment – Notice of lien.
(A) It shall be permissible for any person to pay the amount of such assessment that has been imposed for the destruction and removal of weeds or rubbish, or both, within 15 days following the date of adoption of the City Council resolution confirming the assessment. If the assessment is not paid on or before said date, the total amount thereof shall be entered on the next succeeding fiscal year’s secured tax roll of Siskiyou County for that property, and the assessment shall thereupon become a lien against the property, and the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. The lien of the assessment shall have the priority of the taxes with which it is collected. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.
(B) If the property is owned by a public agency of the local, State or Federal government, the assessment shall not be entered on the County tax roll, but rather collected in the same manner as other unsecured obligations due and owing to the City.
(C) Further, if the assessment is not paid within 15 days following the date of adoption of the City Council resolution confirming it, the Fire Chief may prepare and cause to be recorded in the office of the County Recorder a notice of lien, which shall be in the form approved by the City Attorney, and from the time of recording the notice of lien, the amount of the assessment shall be and constitute a lien upon the property having the force and effect of a judgment lien until released and discharged, or otherwise extinguished in the manner provided by law. When the assessment is paid, the Fire Chief shall promptly deliver to the person or persons entitled thereto a release of lien, which shall be in the form approved by the City Attorney, which may be recorded by such person or persons to extinguish the lien on the property. The Fire Chief shall not record a notice of lien against property owned by a public agency of the local, State or Federal government. (Ord. CCO-06-04, 2006)
6.05.160 Destruction and removal – By City – Collection of assessment – Transfer to unsecured roll.
If any real property to which the lien provided for in MSMC 6.05.150(A) has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide purchaser for value has been created and attaches thereon, prior to the date on which the first installment of such taxes levied for municipal purposes would become delinquent, then the lien which would otherwise be imposed by this chapter shall not attach to such real property, and the costs of abatement as confirmed relating to such property shall be transferred to the unsecured tax roll for collection.
In such event, the City may notify the appropriate County officials that it will undertake collection of the amount owing from the property owner or owners at the time the abatement work was actually performed utilizing collection procedures applied with respect to other unsecured obligations due the City. (Ord. CCO-06-04, 2006)
6.05.170 Penalty – Infraction.
Repealed by Ord. CCO-20-04. (Ord. CCO-06-04, 2006)