Chapter 9.40
HAZARDOUS VEGETATION AND RUBBISH ABATEMENT
Sections:
9.40.020 Duty of owner to abate.
9.40.030 Notice to abate nuisance.
9.40.050 Performance of abatement by contract.
9.40.060 Notice and hearing for confirmation of costs.
9.40.070 Confirmation hearing and assessment.
Prior legislation: Ord. 634.
9.40.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Weeds” include any of the following:
1. Weeds which bear seeds of a downy or wingy nature;
2. Any brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;
3. Weeds which are otherwise noxious or dangerous;
4. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;
5. Dry grass, rubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard.
B. “Rubbish” includes all waste paper, wood, cardboard or other flammable material of any kind which endangers the public safety by creating a fire hazard.
C. “Dirt” includes any artificial accumulation of earth of a size, shape, or composition to constitute a hazard to the public health or safety.
D. “Other official” shall apply to City Code Enforcement Officers. (Ord. 1042 Sec. 3, 2018; Ord 644, Sec. 1, 1992; Ord. 293, Sec. 3, 1974)
9.40.020 Duty of owner to abate.
All weeds, rubbish and dirt of any kind, as defined in this chapter, on private property, or on or over any street, alley, or public right-of-way in the City, shall constitute a public nuisance.
No person owning, managing or having control or charge of vacant lot or premises within the City shall permit weeds, rubbish or dirt of any kind as defined in this chapter to remain upon the premises or upon or over public sidewalks, streets or alleys between the premises and the centerline of any public street or alley. All vacant parcels within the City of Norco shall be free of weeds, grasses and dead vegetation which in the opinion of the Fire Chief or other official contributes to a fire hazard. Vacant parcels less than 10 acres shall be completely cleared of hazardous vegetation. Parcels 10 acres or greater shall have a minimum 30-foot fire break around the perimeter and shall be divided by a minimum 30-foot fire break into areas not exceeding five acres each. (Ord. 1042 Sec. 3, 2018; Ord 644, Sec. 1, 1992; Ord. 293, Sec. 3, 1974)
9.40.030 Notice to abate nuisance.
Whenever the Fire Chief, or such other official as may be designated by the Fire Chief, finds that dry weeds, rubbish or dirt is growing, located or existing upon any vacant parcel within the City in violation of the provisions of this chapter or of any other provision of this code, which may endanger or injure neighboring property or the welfare of the residents in the vicinity of such property, or which may become a fire hazard, the Fire Chief, or such other official as may be designated, shall give, or cause to be given, a notice in the manner and in the form specified in this chapter requiring the abatement of such nuisance and stating that unless such nuisance is abated without delay by the destruction or removal of the weeds, rubbish and dirt, the nuisance will be abated by City authorities and the expense thereof assessed upon the lots, parcels and lands from or on which such nuisance was abated. During the month of March, a 30-day reminder notice will be sent to each vacant parcel owner. (Ord. 1042 Sec. 3, 2018; Ord 644, Sec. 1, 1992; Ord. 293, Sec. 3, 1974)
9.40.040 Form of notice.
The notice 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 _________, 20___, the City Council of the City of Norco passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street in the City of Norco and more particularly described in the resolution, 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.
Dated _______day of ________, 20___.
______________________________
Fire Chief of the City of Norco
(Ord. 1042 Sec. 3, 2018; Ord 644, Sec. 1, 1992; Ord. 293, Sec. 3, 1974)
9.40.050 Performance of abatement by contract.
Abatement of the nuisance may, at the direction of the Fire Chief, be performed by contract awarded by the legislative body on the basis of competitive bids let to the lowest responsible bidder pursuant to Government Code regulations. The contractor shall keep the account and submit the itemized written report for each separate parcel of land required by Government Code Section 39574. (Ord. 1042 Sec. 3, 2018; Ord. 783, Sec. 22, 2001; Ord 644, Sec. 1, 1992; Ord. 293, Sec. 3, 1974. Formerly 9.40.080)
9.40.060 Notice and hearing for confirmation of costs.
The Fire Department or designated official shall keep an accounting of the cost of the abatement, including incidental expenses, for the abatement in front of or on each individual lot or parcel of land and the abutting half of the street in front, and the alley, if any, in the rear of the property.
“Incidental expenses” shall include administrative overhead, the cost of printing, advertising and/or posting provided for in this chapter, the compensation of the person appointed by the City to take charge of the program, the expenses of preparing and typing the resolutions, notices and other papers, and hearing and other proceedings for such work and any other expenses incidental to the completion and inspection of the work.
After the 30-day grace period issued every March by the Fire Chief, an administrative citation in the amount of $250.00 will be assessed for each violation of this chapter. Additional fees will apply per the fee schedule, if the City weed abatement contractor abates the nuisance. (Ord. 1042 Sec. 3, 2018; Ord 644, Sec. 1, 1992; Ord. 293, Sec. 3, 1974. Formerly 9.40.090)
9.40.070 Confirmation hearing and assessment.
No later than July 30th of each year, the City Council shall hold a hearing to confirm the costs of the assessment, hear objections, make the determination and adopt the resolution confirming the report and setting the assessments. The City Clerk shall send a certified copy of the resolution of assessment to the County Recorder and Tax Collector. (Ord. 1042 Sec. 3, 2018; Ord 644, Sec. 1, 1992; Ord. 293, Sec. 3, 1974. Formerly 9.40.100)