City of Santa Monica, CA WEEDS

The word "weeds" as used in this Section includes weeds which bear seeds of a downy or wingy nature, and any other brush or weeds which attain such growth as to become, when dry, a fire menace to adjacent improved property, weeds which are otherwise noxious or dangerous, poison oak and poison ivy when conditions of growth are such as to constitute a menace to the public health, and dry grass, stubble, brush or other flammable material which endangers the public safety by creating a fire hazard; and vegetation, vines and shrubs of every kind and nature overgrowing curblines or draping over walls or fences along, or projecting into, public streets, including alleys, thereby interfering with public street use and maintenance and the public safety; and all of the same are hereby declared to be a public nuisance.

(Prior code § 7700)

(a)

Notice to Remove. The Director of Public Works is hereby authorized and empowered to notify the owner of any private property or parkway within the City or the agent of such owner to properly dispose of weeds located on such owner's property. Such notice shall be by registered mail, addressed to said owner or agent at his last known address. A copy of said notice shall be posted on the property.

(b)

Period During Which Owner or Agent Shall Dispose of The Weeds. The owner or agent of such owner shall be given five days within which to dispose of the weeds described in the notice. The day of posting the notice shall be excluded in computing such period and no weeds shall be removed by the Director of Public Works until such period has expired.

(c)

Form of Notice. The notice shall describe the work to be done and shall state that if the work is not commenced within five days after notice is given and diligently prosecuted to completion without interruption, the Director of Public Works shall dispose of the weeds and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO

REMOVE WEEDS

The owner of the property described as follows: _____

_________________________________________

commonly known as _______________

is hereby ordered to properly dispose of the weeds located on said property, to wit:

_________________________________________

within five days from the date hereof. If the disposal of the weeds herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the Director of Public Works shall cause such disposal to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property.

Estimated Cost of Disposal $_____

Dated __________

Director of Public Works

of the City of Santa Monica.

(d)

Director of Public Works to Keep Record. The Director of Public Works shall cause to be kept in his or her office a permanent record containing: (1) a description of each parcel of property for which notice to dispose of weeds has been given; (2) the name of the owner, if known; (3) the date on which such notice was mailed and posted; (4) the charges incurred by the City in disposing of the weeds, and all incidental expenses in connection therewith; and (5) a brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

(e)

Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the weeds within five days after notice has been given as hereinbefore provided, or within twenty days after the date of mailing such notice in the event the Post Office Department is unable to make delivery thereof, provided the same was properly addressed to the last known address, of such owner or agent, the Director of Public Works is hereby authorized and empowered to pay for the disposal of such weeds out of City funds or to order its disposal by City forces. Neither the City, members of the Council, Director of Public Works, nor any officers, employees or agents of the City shall be personally liable for any bodily injuries or property damage arising under any contract made or work performed pursuant to the provisions of this Section. The Director of Public Works and authorized representatives, including any contractor with whom he or she contracts hereunder, and assistants, employees, or agents of such contractor, are hereby authorized to enter upon said property for the purpose of disposing of the weeds described in the notice. Before the Director of Public Works or authorized representative or contractor arrives, any property owner may dispose of the weeds at his or her own expense.

(Prior code § 7700B)