This chapter shall be known and may be cited as the "litter
and weed control ordinance."
(Prior code § 13-35; Ord. 441, 1967)
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings given herein,
unless the context indicates that a different meaning is intended:
means a litter storage and collection receptacle as required and authorized in Section 8.04.080;
means "refuse" as defined in Section 8.04.020(15) which,
if thrown or deposited as herein prohibited, tends to create a danger
to public health, safety and welfare;
when used hereinafter, means a lot, parcel, tract or piece
of land, improved or unimproved including the sidewalk area abutting
or adjoining said lot, parcel, tract or piece of land and the parkways
or areas lying between the curbline and the street line of the adjoining
or abutting lot bounded on the sides by the prolongation in a straight
line of the property lines of the lot in front of which such parkway
or area exists;
includes but is not restricted to trees, shrubs or bushes
which overhang or obstruct access to or passage by a private premises
or a public place, as defined herein, weeds, vines, shrubs, or brush
which bear seeds of a wingy or downy nature, or which attain such
a large growth as to become a fire menace when dry, or which contain
poisonous oils, or which are otherwise noxious or dangerous, or harmful
to the public health, safety or welfare;
means any dwelling, house, building or other structure, designed
or used either wholly or in part for private residential, commercial
or industrial purposes, whether inhabited or temporarily or continuously
uninhabited or vacant, and shall include any yard, grounds, walk,
driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building, or other structure;
means any and all streets, sidewalks, boulevards, alleys,
or other public ways and any and all public parks, squares, spaces,
grounds, and buildings;
means the boundary line between a public street right-of-way
and an abutting lot or parcel of land, or between a private street
open to public use and an abutting lot or parcel of land.
(Prior code § 13-36; Ord. 441, 1967; Ord. 79-O-106, 1979; Ord. 90-O-104 § 1,
1990; Ord. 98-O-101 § 6, 1998)
No person shall throw or deposit litter on any occupied private
property within the city, whether owned by such person or not, except
that the owner or person in control of private property may maintain
authorized private containers for collection in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any private
property.
(Prior code § 13-37; Ord. 441, 1967)
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this section shall not prohibit the storage of litter in authorized
private containers for collection, or within any building when not
in violation of any health, fire, building, or other regulation, order,
ordinance, statute, or any provision of this code.
(Prior code § 13-38; Ord. 441, 1967)
No person shall throw or deposit litter on any open or vacant
private property whether owned by such person or not.
(Prior code § 13-39; Ord. 441, 1967)
It shall be the duty of every owner, occupant, and person in
control of any land or interest therein in the city to abate therefrom
and from all sidewalks, parkways, and from the untraveled portions
of any public highway or public road easements adjacent to such land,
all noxious weeds or vegetation, dry grass, Russian thistle (tumbleweeds),
limbs or branches of trees or bushes overhanging or obstructing the
aforementioned areas, dead trees, and all combustible litter or rubbish
or noxious vegetation that constitutes a fire, health or safety hazard,
or which may endanger or injure neighboring property, or the health,
safety, or well-being of persons or property.
No person shall sow or disseminate or allow or permit to mature,
or sell in any manner or transfer, transport or convey, any seed of
any noxious weed.
(Prior code § 13-40; Ord. 441, 1967; Ord. 79-O-106, 1979)
If and when it appears that noxious growth or litter as defined
by this chapter exists upon, has been placed upon, or is upon or in
front of private property in violation of any of the provisions of
this chapter or of any other provisions of this code, the weed abatement
officer, by appropriate written order, shall direct the removal thereof,
and upon such direction shall cause notices to be posted upon or in
front of such property to the effect that such prohibited matter must
be removed within 30 days from and after the date of such posting.
The weed abatement officer shall send, by first class United States
mail, a similar notice to the owner of the subject property as shown
upon any city record or upon the last equalized tax roll, whichever
he determines to be the best means for reaching the actual owner,
but the failure of the owner to receive such notice shall not affect
the power of the city or its officers or employees to proceed as provided
in this chapter.
Such notices shall be posted as conspicuously as possible on
or in front of the property on or in front of which the nuisance exists,
and at reasonable intervals. At least one notice shall be posted on
or in front of each separately owned parcel.
(Prior code § 13-41; Ord. 441, 1967; Ord. 79-O-106, 1979; Ord. 82-O-130 § 1,
1982)
The heading of the notice shall be "Notice to Destroy Weeds
and Remove Noxious Growths and Litter" in letters not less than one
inch in height. The notice shall be substantially in the following
form:
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NOTICE TO DESTROY WEEDS AND TO REMOVE NOXIOUS GROWTHS AND LITTER
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Notice is hereby given that, pursuant to Municipal Code Section
_____, weeds, vines, brush, trees, bushes, shrubs, discarded asphalt
and concrete, discarded auto bodies and parts, or litter growing upon
or accumulated upon or in front of this property, and obstructing
the use of sidewalks, parking, or streets, or dangerous or injurious
to the health and welfare of residents of the vicinity are declared
a public nuisance.
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Said public nuisances are required to be abated on or before
30 days from and after the date of this posting. If not abated on
or before this date the City of Placentia will abate the public nuisance,
or cause the same to be abated, and the costs thereof may be assessed
against the land and become a tax lien thereon. Reference is made
to the provisions of Municipal Code Section _____ of the City of Placentia,
California, on file in the office of the City Clerk for further particulars.
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The owner of said land, or any party therein, may appeal to
the City Council of the City of Placentia and show cause, if any there
be, why the public nuisance should not be abated by the City. Such
an appeal shall be in writing and shall be filed with the City Clerk
within 15 days from the date of this notice.
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Dated and posted__________________
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_______________________________
Weed Abatement Officer,
City of Placentia
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(Prior code § 13-42; Ord. 441, 1967; Ord. 79-O-106, 1979; Ord. 82-O-130 § 2,
1982)
The city council shall hear and consider all objections to the
proposed removal or correction of said public nuisance or conditions.
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. The decision of the city council shall be
final and conclusive and need not depend upon any particular evidence,
showing or findings.
(Prior code § 13-43; Ord. 441, 1967)
At the conclusion of said hearing, the city council may order
the weed abatement officer to abate said nuisance by entering upon
private property to abate and remove the same, may sustain the objection,
or may provide for any additional time period or conditions for removal
it deems appropriate.
(Prior code § 13-44; Ord. 441, 1967; Ord. 79-O-106, 1979)
The weed abatement officer shall serve by registered or certified
mail, return receipt requested, postage prepaid, a copy of said abatement
order forthwith upon those persons who have filed written statements
of objections whose objections have been overruled. The abatement
order shall specify that, unless the nuisance is removed and abated
within 15 days from the date of mailing, said officer will abate the
same and will, if necessary enter upon or into the private property
of said person without further notice of liability therefor in order
to abate said nuisance.
(Prior code § 13-45; Ord. 441, 1967; Ord. 79-O-106, 1979; Ord. 82-O-130 § 3,
1982)
The weed abatement officer, or his representative, may enter
upon any private property and abate any nuisance found thereon, or
in front thereof, after more than 30 days following the posting of
the notice to abate such nuisance as required by this chapter, if
no person has filed with the city clerk a written statement of objections
as herein provided within 15 days thereafter. In the event objections
have been duly filed and overruled by the city council, such officer
may enter upon any private property and abate any nuisance found thereon,
or in front thereof, in accordance with the order of the city.
(Prior code § 13-46; Ord. 441, 1967; Ord. 79-O-106, 1979; Ord. 82-O-130 § 4,
1982)
The weed abatement officer shall keep an account of the cost
of abatement on each separate lot or parcel of land where the work
is done. He shall submit to the director of finance an itemized written
report showing such cost. A copy of the report shall be posted by
the city clerk for at least three days prior to its submission to
the city council on or near the city council chamber door with a notice
of the time of submission.
An itemized written report showing all uncollected charges for
abatement performed shall be submitted by the director of finance
to the city administrator, who shall forward the report to the city
council for confirmation.
The director of finance shall send a notice to the owner of
the subject property either as shown upon any city record or upon
the last equalized tax roll, whichever he determines to be the best
means for reaching the actual owner, through the United States mail,
showing the cost of abatement on each separate lot or parcel of land
of such owner and designating the time fixed for receiving of payment.
The notice shall also state: "All property owners having any objections
to the amount of billing are hereby notified a written statement of
such objections specifying the address or description of the property
concerned, the reasons for objections, and the name, address, phone
number (if any) and status (owner, manager, lessee, tenant or other)
of the objector, which statement shall be filed with the City Clerk
not later than __ day of___ 19__" (a date more than 21 days after
the mailing of this bill). A charge of 35% of the contractor's cost
for each parcel of land abated shall be added and paid to the city
to cover the costs of administering the weed abatement program.
The administration charge shall not be less than $50.
Upon receipt of such written statement of objection, the city
clerk shall notify the objectors by mail of the time and place of
the meeting at which the city council shall hear and consider such
objections. Such meeting shall not be sooner than three days after
the mailing of such notices. The failure of the owner to receive such
notice shall not affect the power of the city or its officers or employees
to proceed as herein provided, nor shall it invalidate the assessment
against the subject property. At the time fixed for receiving and
considering the report, the city council shall hear it and shall hear
any objections of the property owners liable to be assessed for the
abatement. The city council may modify the report if it is deemed
necessary, and shall then confirm the report by motion or resolution.
(Prior code § 13-47; Ord. 441, 1967; Ord. 72-O-112 § 1, 1972; Ord. 76-O-128 §
2, 1976; Ord. 79-O-106, 1979; Ord. 82-O-130 § 5, 1982)
Prior to assessment being made as provided in this chapter,
the property owner shall be notified by mail that such assessment
will be made on or about August 10th and given an opportunity to provide
payment to the city prior to that date as a means of avoiding the
assessment. The cost of abatement on each lot or parcel of land constitutes
a special assessment against that lot or parcel. After the assessment
is made and confirmed, it is a lien on the lot or parcel.
(Prior code § 13-48; Ord. 441, 1967; Ord. 79-O-106, 1979)
After confirmation of a report, a certified copy of the same
shall be filed with the Orange County auditor-controller on or before
August 10th. The descriptions of the parcels reported shall be those
used for the same parcels on the Orange County assessor's map book
for the current year. The Orange County auditor-controller shall enter
each assessment on the Orange County tax roll opposite the parcel
of land. The amount of the assessment shall be collected at the time
and in the manner of ordinary municipal taxes. If delinquent, the
amount is subject to the same penalties and procedures of foreclosure
and sale provided for ordinary municipal taxes. As an alternative
method, the Orange County tax collector, in his discretion, may collect
the assessments without reference to the general taxes, by issuing
separate bills and receipts for the assessments. Laws relating to
the levy, collections, and enforcement of county taxes shall apply
to such special assessment taxes.
(Prior code § 13-49; Ord. 441, 1967)
The director of finance shall receive the amount due on the
abatement cost and shall issue receipts at any time after the confirmation
of the report, prior to July 15th of the current year.
(Prior code § 13-50; Ord. 441, 1967)
Any assessment erroneously made may be cancelled or reduced
so as to correct such error, and the tax paid on account thereof,
not including any penalties, or interest, may be refunded to the person
who paid the same, in accordance with the following procedure:
(1)
A
claim of error may be filed with the director of finance at any time
before April 10th of the tax year following the year in which such
assessment appears or would first appear on the tax bill for the affected
property. Such claim shall be in writing, in such form and detail
as shall be required by the director of finance, and shall be verified;
(2)
Any
claim filed shall be forwarded to the weed abatement officer for review
and report to the director of finance. If the weed abatement officer
determines that such assessment was erroneously made, in whole or
in part, the director of finance shall direct the Orange County auditor-controller
to correct the tax rolls as to the affected property by removing or
reducing the erroneous assessment, and the direction of the director
of finance shall be authority for the Orange County auditor-controller
to so correct the tax rolls. If such assessment shall have been paid,
the part determined to be erroneously levied shall be refunded to
the person who paid the same, by the director of finance. In lieu
of proof otherwise, the director of finance may presume that the person
or persons to whom the cost was assessed was the person or persons
who paid the same;
(3)
Any
claimant whose claim is not favorably acted upon in whole or in part
within 60 days after the filing of the same, or whose claim is denied,
in whole or in part, in writing, by the director of finance within
10 days after such denial or after the expiration of such period,
may appeal such denial or failure to act favorably to the city council,
by written letter filed with the city clerk;
(4)
The
city council shall consider such disputed assessment at an open meeting,
upon reasonable notice to the claimant, and shall afford the claimant
an opportunity to be heard. If the city council shall find the disputed
assessment to be erroneous in whole or in part, it may authorize the
director of finance to correct the assessment accordingly, to cause
the tax rolls to be corrected, and to make a refund of any portion
of the assessment paid, all in the manner as hereinabove provided
for such corrections and refunds;
(5)
Not
later than 30 days after the correction of any assessment or refund
of any moneys hereunder, except by direction of the city council,
the director of finance shall transmit through the city administrator
to the city council a report of such action, together with the report
of the weed abatement officer.
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Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by Section 8.08.130, relating to the work for which such erroneous assessment was levied, may be prepared by the weed abatement officer. Such report shall show the cost of abatement on the parcel or lot where the work has been done and shall state that it is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment rolls. In all other respects Sections 8.08.130 through 8.08.160, inclusive, shall apply to such corrected assessment, except that the time for doing all things therein specified shall relate from the date of confirmation of the corrected assessment.
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(Prior code § 13-51; Ord. 441, 1967; Ord. 79-O-106, 1979; Ord. 90-O-104 § 2,
1990)
Violation of this chapter is a public nuisance which may be
abated as provided in Part 3 of Division 4 (Section 3470 et seq.)
of the Civil Code of the state and in Chapter 2 of Title X of Part
2 (Sections 731 et seq.) of the Code of Civil Procedure of the state
which remedy shall be in addition to any other remedy provided in
this chapter or by state law, including Section 372 of the Penal Code
of the state.
(Prior code § 13-52; Ord. 441, 1967)
