Chapter 7.45
WEED ABATEMENT
Sections:
7.45.010 Definitions.
7.45.020 Public nuisance.
7.45.030 Duty of property owner to destroy or remove.
7.45.040 Standards for maintenance.
7.45.050 Resolution of public nuisance and abatement.
7.45.060 Right of entry.
7.45.070 Notice to destroy or remove.
7.45.080 Method of giving notice.
7.45.090 Hearing – Appeal from notice.
7.45.100 Seasonal and recurrent nuisances.
7.45.110 Destruction and removal by city.
7.45.120 Account and report of cost of abating nuisance.
7.45.130 Same – Notice of report – Form.
7.45.140 Same – Hearing and confirmation of report.
7.45.150 Collection of costs on tax roll.
7.45.160 Method of removal.
7.45.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
City manager means the city manager of the city of Pleasant Hill, California, or designee.
Party concerned means the owner(s) of record, as shown on the last equalized assessment roll, and any other person known to the city manager to be the occupant, person in control of, or owner of any interest in or to the building or structure or the land upon which it is located.
Rubbish means waste matter, litter, trash, refuse, debris and dirt which, when dry, is or may become a fire hazard or which is or may become a menace to health, or which is offensive to the senses.
Streets include alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs.
Weeds means plants which, when mature, bear wingy or down seeds, or which because of having attained, or which may attain, such a large growth and when dry, is or will become a fire hazard, or which are otherwise noxious or dangerous to health. (Ord. 973 § 2, 2024)
7.45.020 Public nuisance.
The city council hereby declares that all weeds growing upon private property or streets in the city and all rubbish on private property or streets in the city result in a hazard to the health, safety and welfare of the people in the city due to the imminent danger of uncontrolled fire posed by these conditions and are therefore a public nuisance. (Ord. 973 § 2, 2024)
7.45.030 Duty of property owner to destroy or remove.
It shall be unlawful for any person owning, occupying, renting, managing, or controlling any real property in the city to cause or permit any weeds, or to place, cause or permit any rubbish, to be or remain on any real property in the city or on portions of streets adjoining such real property to the centerline of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Destruction by burning within the city is unlawful. (Ord. 973 § 2, 2024)
7.45.040 Standards for maintenance.
The city manager may establish standards for the maintenance of weeds. The standards shall be effective upon being filed with the city clerk. (Ord. 973 § 2, 2024)
7.45.050 Resolution of public nuisance and abatement.
The city council may declare, by resolution, that a property constitutes a public nuisance pursuant to this chapter. The resolution shall refer to the property by street address or assessor’s parcel number (“APN”) according to the official or assessment map. Any number of streets, sidewalks, or parcels of private property may be included in one resolution. (Ord. 973 § 2, 2024)
7.45.060 Right of entry.
A. Whenever necessary to make an inspection or to enforce any of the provisions of this chapter, or whenever there is reasonable cause to believe that any property is being maintained in violation of the provisions of this chapter, the city code investigator, or designee, may enter such property with the consent of any party concerned, or view the property conditions from a public sidewalk or street in order to determine whether the conditions prohibited by this chapter exist on the property.
B. It shall be unlawful for any person, including any party concerned: (1) to refuse to allow the city code investigator, or designee, or a contractor engaged by the city, to enter upon the property, consistent with subsection A of this section; or (2) to obstruct, impede, or interfere in any manner with the city code investigator, or designee, or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this chapter. (Ord. 973 § 2, 2024)
7.45.070 Notice to destroy or remove.
If the person owning, occupying, renting, managing, or controlling any real property in the city fails to remove therefrom and from the portions of streets adjoining such property all weeds and rubbish in accordance with the provisions of this chapter, it shall be the duty of the city manager to notify such person to remove the same. Such notice shall be in writing and shall be in substantially 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 Pleasant Hill passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on (address and assessor’s parcel number), and that rubbish, refuse, and dirt were upon or in front of property on this street, in Pleasant Hill, California 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.
All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of the City of Pleasant Hill to be held at 7:00 pm on ________________, 20__, when their objections will be heard and given due consideration.
Dated this ___________ day of ________20__.
(Ord. 973 § 2, 2024)
7.45.080 Method of giving notice.
Notice shall be deposited in the United States Post Office at Pleasant Hill, California, with postage thereon prepaid and addressed to such owner at his last known place of address shown on the assessment roll of the city. If such real property is occupied and the mailing address thereof is different from that of the owner on assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Such notice shall contain a description of the property, which description may be the county assessor’s parcel number, or may be the street and number thereof, or may be any other description by which the property may be reasonably identified. One or more lots or blocks of land may be described in one and the same statement of notice. Notice shall be mailed no less than five days before the city council hearing.
Alternately, the city manager may cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists no less than five days before the city council hearing, as follows:
A. One notice to each separately owned parcel of property of not over 100 feet of street frontage.
B. Notices at not more than 100 feet apart if the street frontage of such a parcel is greater than 100 feet. (Ord. 973 § 2, 2024)
7.45.090 Hearing – Appeal from notice.
At the time stated in the notices, the city council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time.
By motion or resolution at the conclusion of the hearing, the city council shall allow or overrule any objections. At that time, the city council has jurisdiction to proceed with a resolution to perform the work of removal. The decision of the city council is final. (Ord. 973 § 2, 2024)
7.45.100 Seasonal and recurrent nuisances.
The notice may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.
Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter; provided, that upon the second and subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearing need be held, and it shall be sufficient to mail a notice to the owner of the property as they and their addresses appear upon the current assessment roll. (Ord. 973 § 2, 2024)
7.45.110 Destruction and removal by city.
If the person owning, occupying, renting, managing, or controlling real property in the city fails to remove or destroy weeds and rubbish in accordance with the notice given pursuant to the provisions of this chapter, within five days after the mailing or posting of such notice, and no objections are made, or the city council has disposed of the objections made, the city council may order, by motion or resolution, that the city manager and/or any contracting agents, or other representatives, destroy, cut, and/or remove such weeds, refuse, dirt or rubbish. (Ord. 973 § 2, 2024)
7.45.120 Account and report of cost of abating nuisance.
A. The city manager shall keep an account of the cost of abating such nuisance upon each separate lot or parcel of land, and the abutting half of the street in front, and alley, if any, in the rear thereof, and embody such account in such a report and assessment list to the city council, which shall be filed with the city clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land therefor, respectively.
B. The cost of abatement may include incidental expenses, including, but not limited to, the expenses and costs of the city in the inspection of lots, preparation of notices, specifications and contracts, and in inspecting work, and the costs of printing and mailing required hereunder. The cost of abatement shall be established by resolution of the city council. (Ord. 973 § 2, 2024)
7.45.130 Same – Notice of report – Form.
The city clerk shall post a copy of the report and assessment list on the bulletin board near the entrance door to City Hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. Additionally, such notice shall be provided to the owner(s) of the real property to be assessed in the same manner as provided in PHMC § 7.45.080 and shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT
NOTICE IS HEREBY GIVEN that on ________________, 20__, the City Manager filed with the City Clerk a report and assessment on abatement of weeds within the City of Pleasant Hill, a copy of which is posted on the bulletin board at the entrance to City Hall.
NOTICE IS FURTHER GIVEN that at 7:00 pm on the _____ day of ______________, 20 __, in the Council Chambers of the Pleasant Hill City Hall, said report and assessment list will be presented to the City Council for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.
DATED _____________________, 20______
City Clerk of the City of Pleasant Hill, California
(Ord. 973 § 2, 2024)
7.45.140 Same – Hearing and confirmation of report.
A. At the time and placed fixed for receiving and considering the report, the city council shall hear the same together with any protests or objections which may be raised by any interested persons. Upon such hearing, the council shall make such corrections or modifications in any proposed assessment, which it may deem to be excessive or otherwise incorrect, after which such assessment shall be confirmed by resolution of the council and the amount thereof shall constitute a lien on property assessed until paid. The confirmation of assessment by the council shall be final and conclusive.
B. After the assessment is made and confirmed, the city manager shall cause the order confirming the assessment to be recorded in the office of the Contra Costa County recorder. (Ord. 973 § 2, 2024)
7.45.150 Collection of costs on tax roll.
On or before the first day of August of each year, the city manager shall submit to the county tax collector the assessment list as confirmed by the city council. The cost of abatement constitutes a special assessment against that parcel. Thereafter, such amounts shall be collected at the same time and in the same manner as general city and county taxes are collected and shall be subject to the same interest and penalties as are provided for other delinquent taxes or assessments of the city. (Ord. 973 § 2, 2024)
7.45.160 Method of removal.
The methods of removing weeds, vines, shrubs, brush, and/or debris from property as herein provided shall not be an exclusive method, but shall be an alternative method, and such weeds, vines, brush, shrubs and/or debris may be removed from such property pursuant to the provisions of any law of the state or of any ordinance of the city applicable thereto. (Ord. 973 § 2, 2024)