Chapter 5-6 WEED ABATEMENT

It shall be the duty of the owner and of his agent, and of the lessee, occupant or person in possession of any lot, parcel, tract or piece of land, improved or unimproved, in the City to keep the lot, parcel, tract or piece of land free from all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete, refuse, rubbish, paper, and waste material of every kind, or other unsanitary substance, object or condition, which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property.

5-6-105 Duty to remove – From sidewalks, parkways and alleys.

It shall be the duty of the owner and his agent, and of the lessee, occupant or person in possession of any lot, parcel, tract or piece of land, improved or unimproved, in the City, to at once remove from the sidewalk, parkway or alley abutting or adjoining such lot, parcel, tract, or piece of land, all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete, rubbish, paper, refuse, and waste material of any kind, or other unsanitary substance, object or condition, which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of the property, lands or lots, or obstruct such sidewalks, parkways, or alleys, and thereby endanger or injure persons travelling thereon.

5-6-110 Notice to remove – Generally.

Whenever the Street Superintendent of the City shall find any loose earth, mounds of soil, dry grass, weeds, dead trees, abandoned concrete or asphalt, tin cans, rubbish, paper, or waste material of every kind, or other unsanitary substance, object or condition in or upon the sidewalk, parkway, or alley abutting or adjoining any lot, parcel, tract, or piece of land within the City, or in or upon any lot, parcel or tract, piece of land or grounds within the City, which may endanger or injure neighboring property or the public health, public safety, or public welfare, or obstruct such sidewalks, parkways or alleys and thereby endanger or injure persons travelling thereon, he shall give, or cause to be given, notice to remove such loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, paper, refuse or waste material of every kind, or other unsanitary substance, object or condition. Such notice shall be in writing, signed by the street superintendent and substantially in the following form:

NOTICE TO CLEAN PREMISES

TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PREMISES HEREINAFTER DESCRIBED.

YOUR ATTENTION IS HEREBY DIRECTED to the provisions of §§ 5-6-100 to 5-6-200 of Title 5, Chapter 6 of the City of San Juan Bautista Municipal Code on file in the office of the City Clerk of said City.

Pursuant to the provisions of such sections you are hereby notified to at once, and in any event within (10) days of the date of this notice, remove from the property herein described, all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, paper, refuse and waste material of all kinds and all other unsanitary substance, object or condition which may endanger or injure the public health, public safety, or public welfare and thereafter keep the said premises free therefrom. In the event you shall fail so to do within the hereinbefore limited time, the undersigned will cause the same to be so removed and charges therefore will be a lien upon said premises and upon the lot or parcel of land adjoining and abutting the sidewalk, parkway or alley, in the event the sidewalk, parkway or alley is to be cleaned.

The said property is situated in the City of San Juan Bautista, California, and is described as follows: Lot ____, Block ____, Tract ____.

If you desire the City to do the work and charge it to you for it, please notify it in writing to do so. The City contracts this work and the charge will be for the actual costs.

Before doing any of the work yourself, it is suggested that you confer with this office in the City Hall in San Juan Bautista in order to acquaint yourself with the requirements.

Dated at San Juan Bautista, California, this ___ day of ____________, 20___.

Signed:

___________________
City Manager

5-6-115 Notice to remove – How given.

The notice provided in the preceding section shall be given by delivering the same personally to the owner, agent or the owner, lessee, occupant or person in possession of the premises described in the notice or by depositing the notice in the United States mail, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant or person in possession of the lot, piece or parcel of land therein described at his last-known address, and, if no address is known or made or made known to the City Manager, then to the general delivery at San Juan Bautista.

5-6-120 Notice to remove – Affidavit of mailing.

The street superintendent or other person mailing the notice required by SJBMC 5-6-110 must file in the office of the City Clerk an affidavit of such mailing, which affidavit shall be conclusive evidence that the notice was mailed as required by SJBMC 5-6-110.

5-6-125 Notice to remove – Effect of mistake in sending or failure to receive.

In the absence of fraud, no error or mistake in the sending of a notice required by SJBMC 5-6-110 nor failure on the part of any property owner to receive the same shall in any way affect the validity of the proceedings.

5-6-130 Notice to remove – Additional notice of general clean-up project.

In the event that a notice required by SJBMC 5-6-110 is given by the City Manager as part of a general scheme or project to clean or improve ten (10) or more lots or parcels of land at any one (1) time, such as an annual cleaning of weeds from vacant lots, then, in addition to such notice, the Street Superintendent shall publish in the official newspaper of the City a general notice substantially in the following form:

NOTICE TO CLEAN PREMISES

TO THE OWNERS, AGENT OF OWNERS, LESSEE, OCCUPANTS, OR PERSONS IN POSSESSION OF VACANT LOTS IN THE CITY OF SAN JUAN BAUTISTA, CALIFORNIA:

YOUR ATTENTION IS HEREBY DIRECTED to the provisions of §§ 5-6-100 to 5-6-200 of Title 5, Chapter 6 of the City of San Juan Bautista Municipal Code, on file in the office of the City Clerk thereof.

Pursuant to the provisions of such sections, you are hereby notified that the City is commencing an annual weed cleaning project. Notices will be mailed to the owner, agent of the owner, lessee, occupant, or persons in possession of any lot, piece or parcel of land required to be cleaned and improved. Such notice shall be mailed to the last known address, and if not such address is known or made known to the City Manager, then such notice will be mailed to General Delivery at San Juan Bautista, California. Each such notice shall require that within ten (10) days after the date of such notice all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt and concrete, rubbish, refuse, paper, and waste material of all kinds and all other unsanitary substance, object or condition which may endanger or injure neighboring property or afford a refuge for rats or vermin or otherwise endanger or injure the public health, public safety or public welfare, shall be removed. Failure to receive such notices will not excuse failure to do the work therein required. You are advised to acquaint yourself with the provisions of this title, and with the requirements of the City Manager and to leave your name and address at his office if you desire such notice.

Signed:

______________________
City Manager of the City of
San Juan Bautista, California

Such notices shall be published as aforesaid within seven (7) days either before or after the date that first notice is mailed.

5-6-135 Notice to remove – Appeal from requirements.

Within ten (10) days from the date of posting, publishing, serving or mailing any notice under this Article, whichever shall be last, the owner, or any person interested in the property, land, lots, or parcels of land affected by such notice, may appeal to the City Council of the City from the requirements thereof. Such appeal shall be in writing, shall state the objections of the person filing the same, and shall be filed with the City Clerk and presented to the City Council at its next regular meeting. The City Council shall proceed to hear and pass upon the appeal and render its decision thereon, determining, by resolution, whether the City Manager shall proceed in accordance with the notice as given or as modified by the City Council, or not at all, and its decision thereon shall be final.

5-6-140 Generally.

If any person given the notice provided for in SJBMC 5-6-110 fails to comply therewith within the time therein limited or as extended by the City Council, it shall be the duty of the City Manager to remove all such loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, paper, refuse and waste material of every kind, and every other unsanitary substance, object and condition therefrom.

5-6-145 Interference with officers or employees.

It shall be unlawful for any person, owner, agent of the owner, lessee, or anyone in possession of any premises within the City to refuse to allow the Street Superintendent or his deputies or employees to enter upon the premises at any time during the hours of daylight of any weekday for the purpose of removing any loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, refuse, paper, waste material of every kind or other unsanitary substance or objects, which may endanger or injure neighboring property or the public health or public safety or general welfare of the residents of the vicinity of such premises, or to interfere in any way whatsoever with the City Manager, or his deputies or employees, in any work which he may undertake under the provisions of this Article.

5-6-150 Statement of expense.

The City Manager shall make out a statement of the expense incurred by him for making the removal provided for in SJBMC 5-6-140 and shall place the same on file with the City Clerk. Such statement shall, as to each piece of property therein referred to, show the number of the lot and block, and also the name of the tract or subdivision in which the lot lies, or shall describe the lot or parcel of land in any other way by which it may be easily identified, and shall show the cost of so cleaning the same; provided, however, that one (1) or more or all of the lots may be set forth in one (1) or the same statement.

Article 2. Assessments

5-6-200 Notice of assessment of cost.

Within ten (10) days after the filing of the statement referred to in SJBMC 5-6-140, the City Clerk shall cause to be published in the official newspaper of the City, a notice substantially in the following form:

NOTICE

EQUALIZATION OF WEED REMOVAL, NUISANCE ABATEMENT AND CLEANING ASSESSMENTS

NOTICE IS HEREBY GIVEN that the City Council of the City of San Juan Bautista, California, will on the ___ day of _______, 20___, in the Council Chamber in the City Hall of the said City, beginning at the hour of 8 o’clock p.m. of said day, hear any protests or objections to weed removal, nuisance abatement, and cleaning taxes for the purpose of correcting, modifying or confirming the same, and the failure to make any objection thereto will be deemed a waiver of the same.

A statement showing all property affected and the respective taxes or charges against the same is now on file in the office of the City Clerk at the City Hall of said City and is open to public inspection.

Dated this ___ day of __________, 20___.

______________________
City Clerk

5-6-205 Protests of cost assessments – Lien of assessments.

Any interested person objecting to the proposed assessment may file a written protest with the City Clerk at or before the time set for the hearing referred to in the notice published in accord with the preceding section. The City Clerk shall present to the City Council all protests so filed with him. The City Council sitting as the Board of Equalization at the hearing which shall be had at the first regular meeting of the City Council next after the expiration of ten (10) days from the date of publication of the notice, may modify or correct any assessment which, in their opinion, is excessive or otherwise incorrect. If no corrections or modifications are made, the assessments shall be deemed confirmed and the City Council’s decision thereon shall be conclusive and the respective assessments shall thereupon become a lien against the property abutting or adjoining the sidewalk, parkway or alley, in the event the property cleaned be the sidewalk, parkway or alley, until the respective assessments are paid. If any correction or modification in any assessment is made by the City Council, such corrected or modified amount shall be deemed confirmed and the City Council’s decision thereupon shall be conclusive and the same shall thereupon become a lien as above provided.

5-6-210 Assessment roll – To be forwarded to Tax Collector.

After the hearing provided for in the notice given under SJBMC 5-6-200 the assessment roll shall be forwarded to and filed with the Tax Collector of the City, or with the County Tax Collector, if the County collects City taxes during the period effective.

5-6-220 Assessment roll – Recording.

Upon receipt of the assessment roll referred to in the preceding section, the Tax Collector shall record the same in a substantial book to be kept for that purpose in his office.

5-6-225 Delinquent assessment generally.

Thirty (30) days from the day of the receipt by the Tax Collector of the assessment roll referred to in SJBMC 5-6-210, all assessments made under this Chapter and unpaid shall become delinquent and ten percent (10%) shall be added to the amount thereof.

5-6-230 Payment of delinquent assessments.

At any time after the delinquency referred to in the preceding section and prior to the sale of any parcels of land assessed and delinquent, any person may pay the assessment thereon, including the cost of advertising, if such payment is made after two (2) days prior to the first publication of this notice of sale.

5-6-235 Suit to collect assessment.

In addition to the sale authorized by SJBMC 5-6-240 the City may sue in any court of competent jurisdiction for the amount of any assessment made under the chapter and the penalties and costs thereon; provided, that the satisfaction of any judgment thereby obtained shall cancel any lien for the assessment.

5-6-240 Sale of land when assessments not paid – Generally.

Sixty (60) days from the date of the receipt by the tax collector of the assessment roll referred to in SJBMC 5-6-210, the various parcels of land upon which assessments made under the provisions of this Chapter are unpaid shall be sold.

5-6-245 Sale of land when assessments not paid – Notice.

The Tax Collector shall, within fifteen (15) days after the date of the delinquency referred to in SJBMC 5-6-225, begin the publication of a notice of sale of the property upon which the assessments have not been paid, which publication must be made by two (2) insertions in a newspaper of general circulation in the City. The description of the various parcels of land need not be set out at length, but they may be designated in such notice by the respective numbers of the same as they appear upon the assessment which shall be properly referred to therein. Opposite the description or the designation of each parcel of land shall be set out in such notice, the name of the owner as stated in the assessment, the amount assessed against the same, the penalty for delinquency and its portion of the costs of the sale.

5-6-250 Sale of land when assessments not paid – Procedure, etc.

At the time and place fixed therefor, the Tax Collector shall proceed with the sale of land upon which assessments have been made under this Chapter, commencing at the head of the list of lands contained in the notice provided for in the preceding section and continuing in the numerical order thereof until all the property is sold; provided, that he may postpone or continue the sale from day to day until the same is completed. The Tax Collector shall sell separately such parcel of land in such notice, or so much thereof as shall be necessary to realize the amount assessed against the same, together with the penalties and costs, and fifty cents ($0.50) for a certificate of sale. In case there is no bid sufficient to realize such assessment, penalty and costs the same shall be struck off to the City as a purchaser.

5-6-255 Sale of land when assessments not paid – Certificate.

The Tax Collector shall issue for each sale under this Chapter an original and duplicate certificate of sale, referring to the proceedings, describing the parcel sold, and giving the name of the purchaser and the amount for which the parcel was sold. The original certificate he shall deliver to the purchaser, and the duplicate he shall keep on file in his office in the form of a stub in the certificate book.

5-6-260 Sale of land when assessments not paid – Redemption.

At any time before the expiration of one (1) year from the date of the sale, any property sold under the provisions of this Chapter may be redeemed by the payment to the Tax Collector of the amount for which the property was sold, together with an additional penalty at the rate of one percent (1%) of the amount per month until paid. Such redemption money shall be paid by the Tax Collector to the person holding the original certificate of sale upon his delivering up the same and receipting for the amount received from the Tax Collector shall enter the fact and date of such redemption upon the duplicate certificate of sale thereof.

5-6-265 Sale of land when assessments not paid – Deed.

If property is sold under this Chapter and is not redeemed within a period of twelve (12) months in the original certificate, or to his assignee, a deed of the property described in the certificate, which deed shall refer in general terms to the proceedings under which the same is issued, and shall contain a description of the property. The deed shall convey title in fee to the property, and the grantee, immediately upon receipt thereof, shall be entitled to possession of the property described therein. If the City has purchased the property, the City may become the grantee under the deed.

5-6-270 Effect of informality in assessments, etc.

No assessment or act relating to the assessment or collection of any sum of money for the cleaning of any premises or for any work done by the City Manager under the provisions of this Chapter shall be illegal or void on account of an informality in connection with the levying of the assessment or the doing of the work or because the same was not completed within the time required by law.

5-6-275 Refund of payments.

Any money erroneously paid or illegally collected under the provisions of this Chapter may be refunded by the City Treasurer upon an order of the City Council, after a proper showing of such erroneous payment or illegal collection. Any claim for any such refund must be verified and must be filed with the City Clerk within ninety (90) days after the payment was made.

5-6-280 Disposition of funds collected.

Funds collected by the Tax Collector under proceedings provided for in this Chapter, either upon voluntary payment or as the result of sales, shall be paid by the Tax Collector, within a reasonable time, to the City Treasurer, who shall deposit the same in the general fund of the City.

Legislative History: Ord. 103 (9/5/58).