A.
All weeds and all dirt, rubbish, and rank
growth of any kind, on private property or in any street or alley
or public right-of-way in the city, shall constitute a public nuisance.
B.
Every property owner, lessee or occupant
of buildings, grounds or lots, shall destroy or remove weeds, dirt,
rubbish, or rank growths from the property, buildings, grounds of
lots and from the half of the street, alley or public rightof-way
on which the property abuts, in accordance with the procedures prescribed
in this chapter.
C.
“Dirt”
“Rank growths”
“Rubbish”
“Weeds”
a.
b.
c.
d.
e.
For the purposes of this chapter, the following
definitions shall apply:
includes any artificial accumulation of earth of a size,
shape, or composition to constitute a hazard to the public health
or safety.
includes any excessive or coarse growth of weeds or other
plant forms, natural or cultivated, which, at maturity, reach exceptionally
tall or luxuriant size or which have a highly offensive, strong odor.
includes all waste paper, wood, cardboard or other flammable
material of any kind which endangers the public safety by creating
a fire hazard.
includes any of the following:
Weeds which bear seeds of a downy
or wingy nature;
Any brush or weeds which attain such
large 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 the
conditions of growth are such to constitute a menace to the public
health;
Dry grass, stubble, brush, litter,
or other flammable material which endangers the public safety by creating
a fire hazard.
(Prior code § 11.46)
Whenever any weeds, dirt, rubbish
or rank growths are growing, located or existing on any property 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 the resolution as herein provided, stating that, unless
such nuisance be abated without delay by the destruction or removal
of the weeds, dirt, rubbish or rank growths, the nuisance will be
abated by the city authorities and the expenses thereof assessed upon
the lots, parcels and lands from or on which such nuisance was abated.
(Prior code § 11.47)
A.
The resolution declaring weeds, dirt, rubbish
or rank growths to be a nuisance under the preceding section shall
fix, among other things, the time and place for hearing any objections
to the proposed destruction or removal of such weeds, dirt, rubbish
or rank growths.
B.
If less than the entire area of the corporate
limits of the city is included within the resolutions, a specific
description of the area shall be set forth in the resolution.
C.
Notice to destroy or remove weeds, dirt, rubbish or rank growths which have been declared public nuisances by resolution under Section 9.20.020 shall be published at least twice in a newspaper published and circulated in the city, the first publication of which shall be at least 10 days prior to the time fixed by the council for hearing objections.
(Prior code § 11.48)
The notice specified in Section 9.20.030 shall be substantially in the following form:
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“Notice is hereby given that:
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“On_____, 20__, pursuant to the provisions of Chapter 9.20 of the Roseville Municipal Code, the City Council of the City of Roseville passed a resolution declaring that all weeds as defined in Section 9.20.010(C)(1) of said chapter and all dirt, rubbish and/or rank growth, as defined in Section 9.20.010(C)(2), (3), (4) of said chapter, of any kind on private property, or in any street or alley abutting any property, constitute a public nuisance which must be abated by the destruction or removal thereof.
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“All property owners, lessees,
or occupants of buildings, grounds or lots shall, without delay, destroy
or remove all such weeds, dirt, rubbish and/or rank growths from their
property and half of the abutting street and alley, if any, between
the lot lines, as extended, or such weeds, dirt, rubbish and/or rank
growths will be destroyed or removed and such nuisance abated by the
city authorities, in which case the cost of destruction or removal
will be assessed upon the lots and lands from or on which, or abutting
the streets and alleys from or on which, such nuisance was abated,
and such costs will constitute a lien upon the lots or parcels until
paid and will be collected on the next tax roll upon which municipal
taxes are collected.
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“All property owners having
objections to the proposed abatement of the nuisances are hereby notified
to attend a meeting of the Council of the City of Roseville to be
held on _____, 20__, at _____ o’clock __.m., where and when
all objections will be heard and given due consideration.
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“Dated:_____, 20__
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Fire Chief of the City of Roseville.”
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(Prior code § 11.49)
In addition to notification by publication as defined in Sections 9.20.030 and 9.20.040, or as an alternative thereto, either of the following notification procedures may be followed:
A.
After passage of the resolution, the fire
chief may cause notices to be conspicuously posted on or in front
of the property in connection with which the nuisance exists. If this
procedure is utilized, he shall post:
1.
One notice to each separately owned parcel
of property of not over 50 feet of frontage,
2.
Not less than two notices to any such parcel
of 100 feet frontage or less,
3.
Notices of not more than 100 feet apart
if the frontage of such a parcel is greater than 100 feet.
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The heading of any such notices shall be “Notice to Destroy Weeds and Remove Rubbish, Refuse and Dirt” in letters not less than one inch in height. They shall otherwise be substantially in the same form as described in Section 9.20.040.
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B.
The council may direct the fire chief to
mail written notice of the proposed abatement to all persons owning
property described in the resolution. The fire chief shall cause such
written notice to be mailed to each person to whom such described
property is assessed in the last equalized assessment roll available
on the date the resolution was adopted by the council. The fire chief
shall request the county assessor to prepare a list of the names and
addresses of all persons owning property described in the resolution,
and the names and addresses shall be conclusively deemed to be the
proper names and addresses for the purpose of mailing such notice.
The city shall reimburse the county for such actual cost of furnishing
such list and cost shall be part of the costs of abatement.
The notices mailed by the fire chief shall be mailed at least 10 days prior to the time for hearing objection by the council. They shall be substantially in the same form as described in Section 9.20.040.
(Prior code § 11.50; Ord. 1781 § 1, 1984)
At the time and place stated in the
notice, the council shall hear and consider any and all objections
of the proposed abatement of the nuisance. Upon the conclusion of
the hearing, the council shall allow or overrule any or all objections,
after which the council shall be deemed to have acquired jurisdiction
to perform the work of abating the nuisance by the destruction or
removal of the weeds, dirt, rubbish or rank growths. The decision
of the council shall be final and conclusive.
(Prior code § 11.51)
After final action shall have been
taken by the council on the disposition of all objections, or in case
no objections shall have been received and the council shall have
ordered the fire chief to abate the nuisance or cause it to be abated
by having the weeds, dirt, rubbish or rank growth destroyed or removed,
the fire chief, his or her deputies, assistants, employees, contracting
agents or other representatives are hereby expressly authorized to
enter upon private property for that purpose. Any owner, lessee or
occupant shall have the right to destroy or remove the weeds, dirt,
rubbish or rank growths himself, or to have the same destroyed or
removed at his own expense, provided that the nuisance shall be abated
prior to the arrival of the fire chief or his authorized representatives.
However, it is unlawful for any property owner, or other person, to
burn, or attempt to burn, any such weeds without first having obtained
written permission so to do from the fire chief and complying fully
with all state and local regulations pertinent to burning including
those of the air pollution control district. Any person destroying
or removing weeds, dirt, rubbish, or rank growths pursuant to the
provisions of this section shall so notify the fire chief in writing
within 24 hours of the destruction or removal. In such cases where
necessary and with the approval of the fire chief, appropriate adjustments
shall be made on weed abatement assessment against the property in
question.
(Prior code § 11.52)
A.
The owner of any parcel of real property which has not been improved by the construction of a structure of a type which requires a building permit, who fails to destroy or remove weeds, dirt, rubbish or rank growths pursuant to the provisions of Section 9.20.070, shall give written notice to the fire chief of any improvements, whether temporary or permanent in nature, which have been placed on the parcel, and which are of a type which would not be readily apparent to a person entering the parcel for the purpose of destroying or removing weeds which may be damaged in the course of destroying or removing weeds. The notice should include such items as underground pipes, boundary and survey markers and crops and other plantings, and shall be submitted each year not later than 10 days subsequent to the time set for hearing pursuant to Section 9.20.020 by the owner or his representative.
B.
The failure to give such notice shall constitute
a waiver of any right for damages resulting from injury to such improvements
resulting from the acts of the city and its authorized representatives
who enter upon such parcel to destroy or remove weeds.
C.
This action shall not be construed to subject
the city or its representatives to any liability where none would
exist in the absence of these provisions.
(Prior code § 11.53)
The fire chief shall keep an account of the cost of abating the nuisance of weeds, dirt, rubbish or rank growths ordered to be abated under Section 9.20.070 upon each separate lot or parcel of land, and the abutting half of the street in front, and alley, if any, in the rear thereof, and embody such account in such report and assessment list to the council, which shall be filed with the city clerk. Such reports shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land therefor respectively.
(Prior code § 11.54)
The city clerk shall post a copy
of the report and assessment list on the cost of the abatement of
the nuisance of weeds, dirt, rubbish and rank growths required by
the preceding section on the bulletin board near the entrance door
to the city hall, together with a notice of the filing thereof and
of the time and place when and where it will be submitted to the council
for hearing and confirmation, notifying property owners that they
may appear at such time and place, and object to any matter contained
therein. A like notice shall also be published twice in a newspaper
of general circulation, published and circulated within the city.
The posting and first publication of the notice shall be made and
completed at least 10 days before the time such report shall have
been submitted to the city council.
(Prior code § 11.55)
The form of the notice of the hearing
on the report and assessment, as provided for in the preceding section
shall be substantially as follows:
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“NOTICE OF HEARING ON
REPORT AND ASSESSMENT FOR WEED, DIRT, RUBBISH AND RANK GROWTH ABATEMENT
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“NOTICE IS HEREBY GIVEN that
on_________, 20__, the Fire Chief of the City of Roseville filed with
the City Clerk of said City a report and assessment list on abatement
of weeds, dirt, rubbish and rank growth within said City, a copy of
which is posted on the bulletin board at the entrance to the City
Hall, 311 Vernon Street, Roseville, California.
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“NOTICE IS FURTHER GIVEN that
on ________, 20__, at the hour of __o’clock __.m. or as soon
thereafter as the matter may be heard, said report and assessment
list will be presented to the City Council in the Council Chambers
of the City Hall for consideration and confirmation, and that any
and all persons interested, having any objections to said report and
assessment list, or to any matter or thing contained therein, may
appear at said time and place and be heard.
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“NOTICE IS FURTHER GIVEN that
after the confirmation of the report and assessment list, property
owners shall have 30 calendar days within which to pay the assessments.
After the expiration of the thirtieth day, said assessments shall
be delinquent. A delinquent penalty of 8% shall attach after the thirtieth
day if the assessment has not been paid by that time.
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“Dated:_____, 20__, City Clerk
of the City of Roseville.”
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(Prior code § 11.56; Ord. 1450 § 1, 1979)
At the time and place fixed for receiving and considering the report of the cost of the abatement of weeds, dirt, rubbish and rank growths required by Section 9.20.090, the council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance. The fire chief or authorized representative shall attend such meeting with a copy of the report and the assessment lists. Upon such hearing, the council may make such modifications in the proposed assessments as it may deem necessary, after which such report and assessment list shall be confirmed by resolution.
(Prior code § 11.57)
A.
Upon confirmation of the report and assessment
list, the fire chief shall transmit a copy of the resolution, report
and list to the property owners identified on such report and list,
along with a letter which shall include the following statement:
“The Council of the City of
Roseville has confirmed the report of the Fire Chief on the abatement
of weeds, dirt, rubbish and rank growth, and you have been assessed
for the amounts which are shown on the attached list. You have 30
days after the date the Council confirmed the report in which to pay
to the Finance Department the assessment as shown on the list. The
thirtieth day ends at 5:00 p.m. on _____, 20__. If the City does not
receive your payment by that date, a penalty of 8% shall be assessed
against the amount then due. The amount of the total due, including
the penalty, will be transmitted to the county tax collector for entry
upon and collection with the next tax roll and shall constitute a
lien against the property. Thereafter, such amount shall be collected
with property taxes, and shall be subject to additional interest and
penalties in the case of delinquency, along with sale, because the
assessment shall constitute a lien upon your property. The cost of
recording and removing a lien on property on which this amount has
been assessed will be borne by the property owner.”
B.
Upon the end of the thirtieth day after
confirmation of the report and assessment list, in the case where
the finance department has not received payment in full for the confirmed
assessment, the city clerk shall transmit a certified copy of the
resolution, report and list after the finance department has added
eight percent to the assessment to the county tax collector for entry
upon and collection with the next tax roll upon which general property
taxes are collected. The city clerk may also record a special assessment
notice with the county recorder. Thereafter, such amount shall be
collected at the same time and in the same manner as general property
taxes are collected, and shall be subject to the same interest and
penalties and the same procedure for sale in case of delinquency.
The penalty shall be considered a cost of abating the nuisance.
(Prior code § 11.58; Ord. 1450 § 2, 1979; Ord. 1781 § 2, 1984; Ord. 4994 § 1, 2011; Ord.
5180 § 1, 2013)
The amount of the cost of abating
the nuisance of weeds, dirt, rubbish and rank growths upon, or in
front or rear of, the various lots or parcels of land respectively
referred to in such report and the cost of recording and removing
a lien on the property, shall constitute special assessments against
such respective lots or parcels of land, and after thus made and confirmed,
shall constitute a lien on such property for the amount of such assessments
until paid.
(Prior code § 11.59; Ord. 4994 § 1, 2011)
Upon entry of a second or subsequent
civil or criminal judgment within a two-year period finding that an
owner of property is responsible for a violation of this chapter,
a fine in the amount of three times the cost of abatement shall be
paid by the violator(s).
(Ord. 2321 §
1, 1990)
