The city council finds that neglected, or abandoned orchards
within the city are places where the trees constitute a fire hazard,
are places where vagrants or dissolute persons can dwell, are places
which constitute ugly and unsightly conditions which adversely affect
neighboring property, are places from which agricultural pests develop
and spread, and that such orchards are public nuisances.
(Ord. 285 § 3, 1982)
Whenever in this chapter the following terms are used, they
mean as follows:
means the director of public safety and regularly appointed
employees of the Loma Linda department of public safety acting pursuant
to his instructions.
means ten or more trees that are of the type that bear a
fruit or nut situated together as in a grove.
means an orchard or part of an orchard, the trees of which
being in such a condition that the limbs are moribund and the leaves
or branches of which are dead, and that the individual in charge of
same is not taking such ordinary care of the orchard as may be required
for a harvested orchard and is not watering or discing or spraying
such trees, all for a period of at least six months, which period
of time need not be continuous.
(Ord. 285 § 3, 1982)
No orchard shall be permitted to be neglected or abandoned within
the city.
(Ord. 285 § 3, 1982)
The director shall give written notice pursuant to procedures
stipulated for public nuisances.
(Ord. 285 § 3, 1982)
Within fourteen calendar days of sending the notice hereof, the owner or person in charge of, or in possession of, the orchard may appeal the director's determination in accordance with Section 2.08.030 of this code.
(Ord. 285 § 3, 1982)
Unless otherwise determined as provided in Section 9.16.050, the orchard in question shall be brought into conformance with this chapter, by removal of all neglected or abandoned trees within forty-five calendar days after the sending of written notice as provided above. If there is no compliance within that period of time, the owner or any other person in charge of, or in possession of, said orchard, who shall have received notice hereof, shall be guilty of an infraction. Each period of one week thereafter, during which time the orchard is not in compliance with this chapter, shall constitute a separate infraction.
(Ord. 285 § 3, 1982)
The director shall cause any orchard hereof to be brought into
compliance with this chapter after the expiration of fifty-two calendar
days after the notice above. The compliance shall be achieved, as
reasonably and as economically as possible, as per the discretion
of the director. The cost of such compliance shall be computed and
a bill for such cost shall be mailed to the record owner of such orchard.
Such cost shall constitute a debt due and owing to the city from such
owner. If such cost is not paid within thirty-five calendar days after
the bill for such is mailed to the record owner, such cost shall be
collected pursuant to procedures for public nuisances.
(Ord. 285 § 3, 1982)
