Chapter 7
REMOVAL OF WEEDS AND DEBRIS*
Sections:
7-7.02 Weeds and debris public nuisances.
7-7.03 Removal of weeds and debris.
7-7.04 Resolutions declaring nuisances.
7-7.05 Notices to destroy weeds and remove debris.
7-7.07 Orders to abate nuisances.
7-7.08 Accounts and reports of costs.
7-7.09 Notices of reports and hearings.
7-7.10 Hearings and confirmation.
7-7.11 Assessments to be added to tax bills.
7-7.12 Cost assessments: Collection: Delinquencies.
7-7.13 Priority of assessment liens.
7-7.14 Payment to Director of Finance.
* Sections 7-7.01 through 7-7.14, as added by Section 2, Ordinance No. 376 C-M, effective March 25, 1976, repealed by Section 1, Ordinance No. 457 C-M, effective March 29, 1979.
7-7.01 Definitions.
For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
(a) “Weeds” shall include any of the following:
(1) Weeds which, when mature, 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 are such as to constitute a menace to the public health; and
(5) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.
(b) “Debris” shall mean waste matter, litter, trash, refuse, rubbish, dirt, dry grass, dead trees, tin cans, paper, and waste material of every kind, or other insanitary substance, object, or condition which is, or when dry may become, a fire hazard, or which is or may become a menace to the health, safety, or welfare, or which is offensive to the senses.
(c) “Street” shall mean and include public streets, alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.02 Weeds and debris public nuisances.
The Council does hereby declare that all weeds growing upon private property or streets in the City and all debris on private property or streets in the City are public nuisances.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.03 Removal of weeds and debris.
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 debris, to be or remain on any real property in the City or on portions of streets adjoining such real property to the center line of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or debris. Destruction by burning within the City shall be unlawful unless the written permission of the Fire Chief is first obtained.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.04 Resolutions declaring nuisances.
Whenever any such weeds are growing or debris is present upon any private property or properties or in any street or alley within the City, the Council shall pass a resolution declaring the same to be a public nuisance, and order the Fire Chief to give notice of the passage of such resolution as provided in this chapter, and stating therein that, unless such nuisance shall be abated without delay by the destruction or removal of such weeds and debris, the work of abating such nuisance will be done by the City authorities and the costs thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds and debris shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds and debris.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.05 Notices to destroy weeds and remove debris.
The notice referred to in Section 7-7.04 of this chapter shall be in substantially the following form:
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NOTICE TO DESTROY WEEDS AND REMOVE DEBRIS |
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NOTICE IS HEREBY GIVEN that on ________, 19________, pursuant to the provisions of Section 7-7.04 of the Watsonville Municipal Code, the City Council of said City passed a resolution declaring that all weeds growing and debris present upon any private property or in any public street or alley, as defined in Section 7-7.01 of the Watsonville Municipal Code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. |
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NOTICE IS FURTHER GIVEN that property owners, without delay, shall remove all such weeds arid debris from their property, and from the abutting half of the street in front and alleys, if any, behind such property, and from between the lot lines thereof as extended, or such weeds and debris will be destroyed or removed and such nuisance abated by the City authorities, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds and debris shall have been destroyed or removed, and such cost will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objection to the proposed destruction or removal of such weeds and debris are hereby notified to attend a meeting of the City Council of said City, to be held in the Council Chambers of said City, on ________ , 19________ , at 7:30 p.m., or as soon thereafter as the matter can be heard, when and where objections will be heard and given due consideration. |
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DATED this ________ day of ________, 19__. |
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CITY OF WATSONVILLE, |
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Chief of the Fire Department |
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By: ___________________________ |
Such notice shall be published at least twice in a daily newspaper of general circulation published in the City, the first publication of which shall be at least ten (10) days prior to the time fixed by the Council for hearing objections. Such notice shall also be posted at least ten (10) days prior to the time fixed by the Council for hearing objections in three (3) prominent places in the City.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.06 Hearings.
At the time stated in the notice, the Council shall hear and consider any and all objections to the proposed destruction or removal of such weeds and debris and may continue the hearing from time to time. The Council, by motion or resolution, shall allow or overrule any and all objections, if any, after which the Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of the destruction and removal of such weeds and debris.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.07 Orders to abate nuisances.
The Council, by resolution, shall order the Fire Chief to abate such nuisance, or cause the same to be abated, by having the weeds and debris referred to destroyed or removed by cutting, discing, chemical spraying, or any other method, as may be determined by the Council, and the Fire Chief and his deputies, assistants, employees, contracting agents, or other representatives are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to destroy or remove such weeds and debris himself, or have the same destroyed or removed at his own expense; provided, however, such weeds and debris shall have been destroyed or removed prior to the arrival of the Fire Chief or his authorized agents or representatives to remove them.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.08 Accounts and reports of costs.
The Fire Chief shall keep an account of the costs to the City to destroy or remove weeds and debris, as provided in Section 7-7.07 of this chapter, for each separate lot or parcel of land and the portions of streets adjoining the same and shall embody such account in a report and assessment list to the Council, which report shall be filed with the City Clerk and a copy thereof with the Director of Finance. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the costs proposed to be assessed against it.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.09 Notices of reports and hearings.
The City Clerk shall post a copy of such report and assessment list on or near the door of the Council Chamber in the City Hall, together with the notice provided for in this section as to the time and place when and where the report will be submitted to the Council for a hearing and confirmation. The posting and publication of the notice shall be given in the same manner prescribed in Section 7-7.05 of this chapter. Such notice shall be substantially in the following form:
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ASSESSMENT FOR DESTRUCTION OR REMOVAL OF WEEDS AND DEBRIS AND NOTICE OF HEARING THEREON |
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NOTICE IS HEREBY GIVEN that, pursuant to the provisions of Chapter 7 of Title 7 of the Watsonville Municipal Code, the Fire Chief has destroyed or removed weeds and debris from the real property owned, occupied, rented, managed, or controlled by you and from the portions of streets, alleys, and sidewalks adjoining the same, which real property is described as follows: |
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(Here insert description of real property or County Assessor parcel number sufficient for reasonable and ready identification) |
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The cost of said destruction or removal proposed to be assessed against said property is $________. |
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NOTICE IS FURTHER HEREBY GIVEN that at ________m. on the ________ day of ________, 19________ , in the Council Chamber, 250 Main Street, City Hall, Watsonville, California, the report and assessment list on the cost of the destruction or removal of weeds and/or debris will be presented to the City Council for consideration, correction, and confirmation and that at said time and place any and all persons interested in or having any objections to said report or list or proposed assessments, or to any matter or thing contained therein, may appear and be heard. The failure to make any objection to said report and list shall be deemed a waiver of the same. |
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Upon the confirmation of said assessment by the City Council, the amount thereof will be due and payable. In the event the same is not paid on or before the 1st day of August following the hearing, said assessment will be added to the tax bill for said property and thereafter shall become a lien on said property. |
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Dated: ________ ,19________ |
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_________________________ |
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Director of Finance |
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.10 Hearings and confirmation.
At the time and place fixed for receiving and considering the report, the Council shall hear the same, together with any protests or objections which may be raised by any interested person. 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 assessments shall be confirmed by a motion or resolution of the Council, and the amount thereof shall constitute a lien on the property assessed until paid. The confirmation of the assessment by the Council shall be final and conclusive.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.11 Assessments to be added to tax bills.
After the confirmation of the assessment, a certified copy of the assessment report shall be filed with the County Auditor, County Assessor, and County Tax Collector on or before August 10. The description of the parcels reported shall be those used for the same parcels on the map books of the County Assessor for the current year. The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.12 Cost assessments: Collection: Delinquencies.
The amount of the assessment shall be collected at the time and in the manner of ordinary real property taxes. If delinquent, the amount shall be subject to the same penalties and procedure of foreclosure and sale provided for ordinary real property taxes.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.13 Priority of assessment liens.
The lien of the assessment made pursuant to this chapter shall have the priority of the taxes with which it is collected.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.14 Payment to Director of Finance.
The Director of Finance may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the assessment report and until five (5) days before a copy of the report is filed with the County officials.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)
7-7.15 Refunds.
The Council may order refunded all or part of an assessment paid pursuant to this chapter if the Council finds that all or part of the assessment has been erroneously levied. An assessment or part of an assessment shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the assessment became due and payable. The claim shall be verified by the person who paid the assessment or by his guardian, executor, or administrator.
(§ 1, Ord. 457 C-M, eff. March 29, 1979)