For the purpose of this chapter the following words shall have
the meaning set forth in this section:
means the fire chief, director of municipal services, their
assistants and deputies or other public officers designated by the
city council to perform the duties imposed by this chapter upon the
director.
means to interfere with the view at an intersection. For the purposes of this chapter any vegetation, including but not limited to hedges, shrubs, trees and any mound of dirt higher than two and one-half feet above the nearest street pavement surface at any corner formed by intersecting streets within that triangular area described in Exhibits A and B which appear at the end of Chapter 11.30, shall be deemed to obstruct the intersection visibility; provided, however, that trees trimmed to the trunk, so as to provide a clear, open space between pavement grade and a plane six feet above grade shall not be deemed to be an obstruction.
includes public street, alley, lane, court or other place.
includes any of the following:
Weed which bear seeds of a downy or wingy nature;
Sagebrush, chaparral, and any other 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 as 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.
(Ord. 974 § 1, 1979)
No person or entity, whether the same is the owner, agent, lessee,
occupant or person in control of any lot or parcel of land within
the city shall maintain or permit to be maintained on or in front
of such premises any of the following conditions, all of which are
prohibited and declared to be public nuisances:
(a)
Vegetation of any type or mounds of dirt which obstruct intersection visibility as defined in Section 12.12.002;
(b)
Weeds, rubbish or other material which:
(c)
Artichoke thistle (Cynara cardunculus), arundo (Arundo donax), pampas
grass (Cortaderia selloana), fountain grass (Pennisetum setaceum)
or cape ivy (Senecio mikanioides-Delairea odorato) all of which are
non-native plants that are highly invasive and injurious to native
vegetation and that may be a flood or fire hazard.
(Ord. 974 § 1, 1979; Ord. 1510 § 1, 2009)
Whenever the director finds that a public nuisance prohibited by Section 12.12.004 exists upon any street, sidewalk or parcel of private property, he or she shall recommend to the city council that the same be abated. Based upon the recommendation of the director, the city council may declare by resolution the condition of any street, sidewalk or parcel of private property to constitute a public nuisance.
The resolution shall:
(a)
Refer to the street by its commonly known name; and
(b)
Describe the property upon which or in front of which the nuisance
exists by giving its street address and assessor's parcel number.
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Any number of streets, sidewalks or parcels of private property
may be included in one resolution.
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(Ord. 974 § 1, 1979)
At the time its adopts the resolution as provided for by Section 12.12.006, the city council may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter; provided that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll.
The notice shall refer to and describe the property and shall
state that vegetation or noxious or dangerous weeds of a seasonal
and recurrent nature are growing on or in front of the property, and
that the same constitute a public nuisance which must be abated by
the removal of said vegetation or noxious or dangerous weeds, and
that otherwise they will be removed and the nuisance will be abated
by the city authorities, in which case the cost of such removal shall
be assessed upon the current assessment roll.
(Ord. 974 § 1, 1979)
After passage of the resolution, the city clerk shall mail written
notice of the proposed abatement to all persons owning property described
in the resolution. The city clerk 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
is adopted by the legislative body. The city clerk shall obtain a
list of the names and addresses of the persons to whom the notice
must be sent by requesting the same from the county assessor pursuant
to Section 39567.1 of the Government Code.
The notices mailed by the city clerk shall be mailed at least
five days prior to the time for hearing objections by the city council.
All notices shall be signed by the city clerk.
(Ord. 974 § 1, 1979)
The notice shall be substantially in the following form:
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NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND
DIRT
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Notice is hereby given that on the _____ day of __________,
20_____, the City Council of the City of Laguna Beach passed a resolution
declaring that vegetation was obstructing intersection visibility
and/or noxious or dangerous weeds were growing upon or in front of
the property on this street, and/or that rubbish, refuse, and dirt
were upon or in front of property on this street in Laguna Beach,
and more particularly described in the resolution, and that they constitute
a public nuisance which must be abated by the removal of the vegetation,
weeds, rubbish, refuse and dirt. Otherwise they will be removed and
the nuisance abated by the city and the cost of removal assessed upon
the land from or in front of which the vegetation, weeds, rubbish,
refuse, and dirt are removed and will constitute a lien upon such
land until paid. Reference is hereby made to the resolution for further
particulars. A copy of said resolution is on file in the office of
the city clerk.
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All property owners having any objections to the proposed removal
of the vegetation, weeds, rubbish, refuse, and dirt are hereby notified
to attend a meeting of the City Council of Laguna Beach to be held
______ (date) when their objections will be heard and given due consideration.
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Dated this _____ day of _____, 20____.
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_____________________________
City Clerk
City of Laguna Beach
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(Ord. 974 § 1, 1979)
At the time stated in the notices, the city council shall hear
and consider all objections to the proposed removal of vegetation,
weeds, rubbish, refuse and dirt. It may continue the hearing from
time to time.
(Ord. 974 § 1, 1979)
By motion or resolution at the conclusion of the hearing, the
city council shall allow or overrule any objections. At that time,
the city council acquires jurisdiction to proceed and perform the
work of removal.
(Ord. 974 § 1, 1979)
The decision of the legislative body is final.
(Ord. 974 § 1, 1979)
If objections have not been made or after the city council has
disposed of those made, it shall order the director to abate the nuisance
by having the vegetation, weeds, rubbish, refuse, and dirt removed.
The order shall be made by motion or resolution.
(Ord. 974 § 1, 1979)
The director may enter upon private property to abate the nuisance.
(Ord. 974 § 1, 1979)
Before the director arrives, any property owner may remove the
vegetation, weeds, rubbish, refuse and dirt at his or her own expense.
(Ord. 974 § 1, 1979)
The director shall keep an account of the cost of abatement
in front of or on each separate parcel of land where the work is done
by him or her. He shall submit to the city council for confirmation
an itemized written report showing such cost.
(Ord. 974 § 1, 1979)
A copy of the report shall be posted for at least three days
prior to its submission to the city council on or near the chamber
door of the city council, with a notice of the time of submission.
(Ord. 974 § 1, 1979)
At the time fixed for receiving and considering the report,
the city council shall hear it with any objections of the property
owners liable to be assessed for the abatement. It may modify the
report if it is deemed necessary. The city council shall then confirm
the report by motion or resolution.
(Ord. 974 § 1, 1979)
Abatement of the nuisance may, in the discretion of the city council, be performed by contract awarded by the legislative body on the basis of competitive bids let to the lowest responsible bidder pursuant to Sections 37903, 37904 and 37931 to 37935 inclusive of the Government Code. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by Section 12.12.026 of this chapter.
(Ord. 974 § 1, 1979)
The cost of abatement in front of or upon each parcel of land
constitutes a special assessment against that parcel. After the assessment
is made and confirmed, a lien attaches on the parcel upon recordation
of the order confirming the assessment in the office of the county
recorder of the county in which the property is situated, except that
if any real property to which such lien would attach has been transferred
or conveyed to a bona fide purchaser for value, or if a lien of a
bona fide encumbrancer for value has been created and attaches thereon,
prior to the date on which the first installment of taxes together
with which the special assessment imposed by this section would be
collected would become delinquent, then the lien which would otherwise
be imposed by this section shall not attach to such real property
and the costs of abatement, as confirmed, relating to such property
shall be transferred to the unsecured roll for collection.
(Ord. 974 § 1, 1979)
Except as provided in Section 12.12.034, after confirmation of the report the city clerk shall file a certified copy of the report with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.
(Ord. 974 § 1, 1979)
The county auditor shall enter each assessment on the county
tax roll opposite the parcel of land.
(Ord. 974 § 1, 1979)
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 procedure of foreclosure
and sale provided for ordinary municipal taxes.
(Ord. 974 § 1, 1979)
As an alternative method the 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.
(Ord. 974 § 1, 1979)
Laws relating to the levy, collection, and enforcement of county
taxes apply to such special assessments.
(Ord. 974 § 1, 1979)
The director may receive the amount due on the abatement cost
and issue receipts at any time after the confirmation of the report
and until the August 1st immediately following the confirmation of
the report.
(Ord. 974 § 1, 1979)
The city council may order refunded all or part of an assessment
paid pursuant to this chapter if it finds that all or part of the
assessment has been erroneously levied. An assessment or part shall
be not be refunded unless a claim is filed with the city clerk on
or before November 1st after the assessment became due and payable.
The claim shall be verified by the person who paid the assessment
or his or her guardian, executor, or administrator.
(Ord. 974 § 1, 1979)
If the city council finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of a nuisance pursuant to this chapter, a claim for such damages may be paid from the city general fund. Claims therefor are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code.
(Ord. 974 § 1, 1979)
The lien of said assessment shall have the priority of the taxes
with which it is collected. The procedure established in this chapter
is authorized by Sections 39501 through 39588, inclusive, of the Government
Code.
(Ord. 974 § 1, 1979)
