For the purposes of this chapter, the following terms shall be defined as follows:
"Parkings"
means the area between the established concrete curbing and the private property line.
"Street"
means a public or private thoroughfare which affords principal or secondary access by vehicles to abutting property including any street, avenue, place, way, drive, lane, boulevard, highway, road, alley and any other thoroughfare used by vehicles.
"Weeds"
means all weeds growing upon roads, streets, sidewalks or private property as defined by Health and Safety Code, Section 14875.
"Board"
means the appeals hearing board of the city of Waterford as set by resolution of the city council.
(Ord. 72-10 §3, 1972; Ord. 2014-09 §1)
All dirt, rubbish, weeds or other rank growths located upon any buildings, grounds or lots within the city which constitute a fire menace, or which is otherwise a menace to health and safety, is declared to be a public nuisance and may be abated as provided in this chapter.
(Ord. 72-10 §1, 1972)
All grass, weeds or other obstructions located upon any sidewalks, parkings, or streets within the city which constitute a fire menace or which is otherwise a menace to health and safety is declared to be a public nuisance and may be abated as provided in this chapter.
(Ord. 72-10 §2, 1972)
It is made the duty of every owner of buildings, grounds, or lots within the city to remove such dirt, rubbish, weeds or other rank growths from such property or adjacent sidewalks as are described in Section 8.12.020 from said buildings, grounds or lots.
(Ord. 72-10 §4, 1972)
It is made the duty of every owner of buildings, grounds, or lots within the city to remove such grass, weeds, or other obstructions from the sidewalks and parkings and the half of the streets as abut his or her buildings, grounds or lots as are described in Section 8.12.030.
(Ord. 72-10 §5, 1972)
Every owner of buildings, grounds or lots in the city shall keep the sidewalks and parkings and the half of the streets as abut his or her buildings, grounds or lots free and clear of all grass, weeds or other obstructions as are described in Section 8.12.030 which from any cause whatever have accumulated thereon.
(Ord. 72-10 §7, 1972)
Upon the failure of any owner to destroy or remove such dirt, rubbish, weeds, or other rank growths, grass or other obstructions as are described in Sections 8.12.020 and 8.12.030 in the manner described herein, the owner of the real property involved shall be notified by the city manager/code enforcement officer or the designee of either to remove the same within a period of seven days. The notice shall identify the property by its commonly known name, the street, road or highway upon which it is located, and shall describe the property by reference to the tract, block, lot, code area and parcel number as used in the records of the county assessor. The notice shall state that the grass, weeds, dirt, rubbish or other obstructions on the property or sidewalks, parkings and the half of the streets as abut the property, as the case may be, is a nuisance and hazard and that by the provisions of this chapter they must be abated by the owner; that otherwise they will be abated by city authorities, in which case the cost of such abatement shall be a special assessment on the property and will constitute a lien on the property until paid. The notice shall contain the name of the city manager/code enforcement officer or the designee of either and shall state that an appeal from the notice may be made in writing to the board through the office of the city clerk, and give his or her name, address, telephone number, and the date by which such appeal must be made. Such notice shall be in writing or printed and shall:
A. 
Be posted in a conspicuous place upon said property for a period of seven days; and
B. 
Be mailed to the property owner as shown on the assessment roll.
(Ord. 72-10 §8, 1972; Ord. 74-7 §1, 1974; Ord. 02-02 §1, 2002; Ord. 2014-09 §1)
If the property owner objects to the determination of the city manager/code enforcement officer or the designee of either that the condition of his or her property is such as is described in Sections 8.12.020 and 8.12.030, he or she may file his or her objection in writing with the board through the city clerk's office within the seven days after the date of the notice, and such objection shall be heard as soon thereafter as the business of the board will permit. If the board upholds the determination of the city manager/code enforcement officer or the designee of either, the property owner shall be allowed seven days thereafter to comply after which the procedure in Sections 8.12.100 and 8.12.110 shall be employed. If the board does not uphold the determination of the city manager/code enforcement officer or the designee of either, such action may be taken as the board directs.
(Ord. 72-10 §9, 1972; Ord. 74-7 §1, 1974; Ord. 02-02 §1, 2002; Ord. 2014-09 §1)
If at the end of the period set forth in Sections 8.12.080 and 8.12.090, the owner has failed to comply with the notice, or has not successfully objected thereto, the city manager/code enforcement officer or the designee of either shall notify the director of public works who shall cause such nuisance as described to be removed and shall charge the expense of such work of removing the same to the owner of the property, and it shall become a lien on the property and shall constitute a special assessment against such property in accordance with Sections 38773 and 38773.5 of the Government Code.
(Ord. 72-10 §10, 1972; Ord. 74-7 §1, 1974; Ord. 02-02 §1, 2002)
Upon completion of the work of removal of said nuisance, the city clerk shall notify the owner of such real property in writing of the expense of such work. If said owner fails or refuses to pay the amount of such expense within a period of thirty days from the date of mailing such notice, payment to be made to the city, the city clerk shall cause to be recorded notice of the lien on the property cleared or chargeable for the clearing, in the office of the county recorder for the amount due. On the first business day in September, the city clerk shall certify to the county auditor the names, and amount due, from the property owners whose obligation under this chapter remains unpaid, for entry upon the tax roll. After receipt of the amount due, the city clerk shall cause to be recorded a release of lien in the county recorder's office.
(Ord. 72-10 §11, 1972)
Nothing in this chapter shall be construed to require the removal from said property of any ornamental trees, plants, lawns or shrubs of a reasonable growth, provided the same are not in any manner obstructions to the free use of the sidewalk or streets in front of or along such property by pedestrians or vehicles.
(Ord. 72-10 §12, 1972)
Notwithstanding any provisions of this chapter for the abatement of nuisances, any act declared by this chapter to be a public nuisance, a fire menace, or which is otherwise a menace to public health or safety shall be an infraction, and shall be punishable by fine as prescribed by law, and as provided in this chapter.
(Ord. 82-3 §A, 1982)
Conviction of a first offense of an infraction, as prescribed in this chapter, shall be punishable by a fine of not less than twenty-five dollars nor more than fifty dollars per each acre of land, or fraction thereof, found to be in violation of this chapter, plus court assessment. Conviction of a second offense of an infraction within a twelve-month period shall be punishable by a fine of not less than seventy-five dollars nor more than one hundred dollars per each acre of land, or fraction thereof, found to be in violation of this chapter, plus court assessment. Conviction of a third offense of an infraction within a twelve-month period shall be punishable by a fine of not less than one hundred seventy-five dollars nor more than two hundred fifty dollars per each acre of land, or fraction thereof, found to be in violation of this chapter, plus court assessment.
(Ord. 82-3 §B, 1982)
Any person whose duty it is to enforce the provisions of this chapter may, at any reasonable time, enter upon private property for such purpose including inspection and identification of nuisance as well as removal. It is unlawful for any person to interfere with, oppose, or resist any authorized person enforcing the provisions of this chapter including, but not limited to, removal of the nuisance.
(Ord. 02-02 §2)