In enacting this chapter, the city council finds as follows:
A. 
The property values and the general welfare of the city are founded, in part, upon the appearance and maintenance of property located within the city.
B. 
In 1987, by Ordinance No. 408, the city council placed minimum landscaping requirements on new residential developments.
C. 
The lack of maintenance of residential landscaping and structural maintenance including overgrown, dead, or decayed vegetation and weeds, broken windows and fences and the accumulation of rubbish and debris, are conditions which are injurious to the public health, safety and welfare of the residents of the city and contributes substantially and increasingly to the deterioration of the city.
D. 
Unless corrective measures, as established in this chapter, are undertaken to alleviate such existing conditions and to assure the avoidance of future problems in this regard, the public health, safety and general welfare, specifically aesthetic, social and economic standards, will be depreciated.
E. 
The uses and abuses of property as described in this chapter are reasonably related to the proper exercise of the police power to protect the health, safety and general welfare of the public.
(Ord. 852 § 1, 2007)
It is unlawful and declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property used or able to be used for residential purposes, the primary structure on which was completed prior to or during the year 1987, regardless of whether such property contains a conforming or legal nonconforming use or structure, to:
A. 
Allow on such property overgrown vegetation including trees, shrubbery, ground covers, lawns and other plantings in the front yard areas and side yard areas on corner lots which from the overall appearance would substantially depreciate the aesthetic environment or property values of surrounding properties.
B. 
Allow on such property dead, decayed or diseased trees, shrubs, grass or other vegetation, in the front yard areas and side yard areas on corner lots, which are otherwise in need of landscape maintenance attention and that, would substantially depreciate the aesthetic environment or property values of surrounding properties.
C. 
Maintain front yard areas and side yard areas on corner lots with a lack of vegetation in such a manner that substantially depreciates the aesthetic environment or property values of surrounding properties.
(Ord. 852 § 1, 2007)
It is unlawful and declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property used or able to be used for residential purposes, the primary structure on which was completed after the year 1987, regardless of whether such property contains a conforming or legal nonconforming use or structure, to maintain that property contrary to the following standards:
A. 
All front yard areas and side yard areas on corner lots, except surfaces of driveways, parking spaces, and pedestrian paths, shall be covered with groundcover incorporated into an overall landscaped design. The groundcover should allow the ground to absorb rainwater, provide drainage to trees on the site, and reduce runoff. Use of native planting or compatible species of drought-tolerant plants is encouraged as much as possible to reduce water demand. Use of permeable surfaces such as gravel or bricks are also encouraged for paths and walkways to allow absorption of rainwater. Synthetic grass with lifelike individual blades of grass that emulates real grass and has a pile height of one and three quarter inches or more may also be used subject to approval of the community development director or designee.
B. 
In residential zones at least fifty percent of the front yard areas and side yard areas on corner lots shall be covered and maintained with some combination of live trees, shrubs, vines, ground covers, flowers, lawns, vegetable gardens or other type of vegetation. The calculation of fifty percent may include the area between plants that are spaced in consideration of their mature size, and any area under an existing drip line of a tree that is covered and maintained with a permeable material such as mulch or decomposed granite. Synthetic grass may also be included in this calculation provided that there is some foundation planting consisting of live vegetation, the area of which is equal to least ten percent of the total yard areas visible from the street.
C. 
Landscaped areas and landscaped materials shall be maintained in a neat, clean, and healthful condition. This shall include the pruning, mowing of lawns, weeding, and removal of trash and debris. Any damaged, dead, diseased, or decaying plant material shall be replaced. Turf/lawn grass species shall not exceed twelve inches in height. Plants shall not be allowed to extend over public sidewalks, streets, alleys, or other public property such that they interfere with traffic signs or the passage of pedestrians, bicycles, or vehicles.
D. 
Gravel, stones, decomposed granite, mulch, or other hardscape materials shall be compacted or secured in such a way as to avoid spreading over any portion of a public sidewalk or street.
E. 
"Ground cover" shall be defined as vegetative material, or permeable materials such as mulch, decomposed granite or similar permeable materials.
(Ord. 852 § 1, 2007)
A. 
Findings. Weeds are both a fire hazard that may endanger life and property, and an eyesore, leading to the deterioration of property values (see Chapter 15.06, Fire Code; see also Chapter 8.36, Property Maintenance, and Sections 17.630.008(H), Landscape standards and 8.00.030(A)(2), Unlawful activities).
B. 
Definition—Applicability.
1. 
Definition. In this code, "weeds" means any of the following:
a. 
Dry, dead or dying grasses and vegetation more than three inches in height, including cut vegetation that has not been mulched;
b. 
Weeds that bear seeds of a fluffy nature or that are subject to flight;
c. 
Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and any other brush that attains such large growth as to become, when dry, a fire menace to adjacent improved property;
d. 
Weeds that are otherwise noxious or dangerous;
e. 
Poison oak and poison sumac when the conditions of growth constitute a menace to public health;
f. 
Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.
2. 
"Director"
means the community development director or their designee.
3. 
"Livestock"
means sheep and goats only, for purposes of this section.
4. 
"Electrified fencing"
as defined in Section 17.660.008 of this code.
5. 
Applicability. In its enforcement, the city may apply this section, or the fire code regulations adopted in Chapter 15.06, or both. The city may also apply the most recent minimum weed abatement standards approved by the current fire services provider. (Weed Abatement Minimum Standards may be found on the Contra Costa County Fire Protection District's website).
C. 
Regulation—Exceptions.
1. 
The city of Brentwood hereby adopts the Contra Costa County Fire Protection District's Weed Abatement Minimum Standards. The text is set forth and can be located on Contra Costa County Fire Protection District's website (https://www.cccfpd.org/exterior-hazards/or as may be otherwise posted online by the Fire Protection District).
2. 
Exceptions. At the discretion of the community development director, the regulations in this section may not apply to habitat for endangered or threatened species, if weed removal is prohibited by an agency of the state of California or the federal government.
D. 
Use of Livestock Regulations.
1. 
Temporary Fencing—Exemption for Electrified Fencing. Notwithstanding any provisions in this code, including Section 17.660.008, Electrified fencing may be used in compliance with this chapter as follows:
a. 
All electrified fencing shall fully enclose the property to prevent livestock from leaving the property and preventing unauthorized animal access to the property;
b. 
All electrified fencing may only be used during the time stated in this chapter and shall be removed at the expiration of the time stated in this chapter.
2. 
Timeframe.
a. 
Use of livestock and temporary electrical fencing may be permitted from February 1 to June 15 each calendar year.
b. 
At the end of the term identified above, the property owner(s) shall remove all livestock and electrified fencing. Failure to comply may subject the property owner(s) to administrative, civil, and criminal penalties under this code.
3. 
Insurance Required. Each and every property owner using livestock and/or electrified fencing in compliance with this chapter shall maintain personal injury and property damage insurance for the property in the amount of no less than one thousand dollars.
E. 
Resolution Declaring Nuisance—Contents—Property Included. Where the community development director finds that a public nuisance prohibited by this chapter 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:
1. 
Refer to the street by its commonly known name; and
2. 
Describe the property upon which the nuisance exists by giving its street address and assessor's parcel number.
Any number of streets, sidewalks, or parcels of private property may be included in one resolution.
Certain properties may require additional or more stringent abatement due to site-specific issues with terrain, regrowth, location, land use, or fire related history or susceptibility.
F. 
Notice of Mailing—Time.
1. 
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.
2. 
The notice form shall be substantially in the following form:
NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT
Notice is hereby given that on the _____ day of __________, 20_____, the city council of the city of Brentwood 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 Brentwood, 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.
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 Brentwood to be held _____ (date) when their objections will be heard and given due consideration.
Dated this _____ day of _____, 20_____.
________________________
City Clerk
City of Brentwood
Notices shall be mailed at least ten days prior to the time for hearing objection by city council. Notice shall also be posted conspicuously on the property.
The decision of city council, or legislative body, is final.
G. 
Weeds on Specified Parcels of Property as Seasonal or Recurrent Nuisances—Abatement.
1. 
At the time the city adopts the resolution as provided is subsection E of this section, the city council may also find and declare that weeds on specified parcels of property are seasonal and/or 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 a 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 notice to the owners of the property as they and their addresses appear upon the current assessment roll to abate the nuisance conditions.
2. 
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 the property that the same constitutes 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 tax assessment roll of the property.
3. 
The city, its employees, contractors, or other representatives may enter upon private property for the purpose of removing the weeds pursuant to Section 8.00.090 of this code.
H. 
Cost Recovery.
1. 
Account. The community development director shall keep an account of the cost of abatement on each separate parcel of land where the work is completed. They shall submit to the city council for confirmation of itemized written reports showing such costs.
2. 
Notice of Hearing. A copy of the report shall be posted for at least three days prior to its submission to the city council or near the chamber door of the city council and upon the city's website, with a notice of the time of submission. Notice shall be mailed to the owners of the property.
3. 
Hearing. 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 amount. City council may modify the report as it deems necessary. The city council shall then confirm the report by motion or resolution.
4. 
Special Assessment Lien. The amount of costs confirmed by the city council shall constitute a special assessment against the parcel of land in accordance with Health and Safety Code Section 14912. Such assessment attached upon recordation in the office of the county recorder of the county in which the property is situated. The assessment may be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment, 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 such taxes 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 and the costs of enforcing abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.
I. 
Violation—Penalty. In the discretion of the community development director, any person violating any provision of this chapter shall be issued an administrative citation pursuant to Chapter 1.24, shall be guilty of a misdemeanor pursuant to Chapter 1.20, or be subject to other administrative or civil remedies as allowed under the municipal code.
Each day the violation continues shall be deemed a separate offense.
J. 
Exemption. This chapter shall not apply to any local, state, or federal government agencies owning property within the city of Brentwood.
K. 
Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The city council hereby declares that it would have passed this chapter and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
Compliance with this chapter in no way effects, alters, or changes the legal zoning of the property (example: compliance with this chapter does not convert the property into an animal pasture or agricultural field).
(Ord. 1085, 4/22/2025)
[1]
Prior history: Ord. 999, and Ord. 1075, were repealed by Ord. 1085, 4/22/2025.
During drought conditions the city council may, by resolution, suspend the enforcement of the provisions of this chapter as they relate to dead or dying vegetation due to a lack of water.
(Ord. 852 § 1, 2007)
It is unlawful and declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property used or able to be used for residential purposes, regardless of whether such property contains a conforming or legal nonconforming use or structure, to maintain such buildings:
A. 
Where twenty percent or more of any painted surfaces of the building's exterior observable from public view is peeling or buildings lacking weather protection due to lack or paint or other approved protective coating;
B. 
With windows containing broken glass or no glass at all, where the windows are of a type which normally contains glass; or
C. 
With walls, fences, driveways or walkways in the front yard areas and side yard areas on corner lots, which are maintained in such condition as to become defective or a hazardous condition, including, but not limited to, lifting sidewalks or leaning fences.
(Ord. 852 § 1, 2007)
A. 
Every owner of property used or able to be used for residential purposes within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations of the provisions in this chapter regardless of any contract or agreement with any third party regarding such property.
B. 
Every occupant, lessee or holder of any interest in property used or able to be used for residential purposes, other than as owner, is required to maintain such property in the same manner as is required of the owner, and the duty imposed by subsection A of this section on the owner shall in no instance relieve those persons referred to in this subsection B from the same duty.
C. 
For the purposes of this chapter, "responsible party," "person," "owner," "occupant," "lessee" or "holder of any interest in property other than owner" includes, but is not limited to, any individual, entity, corporation, partnership or trust.
(Ord. 852 § 1, 2007)
A. 
When a designated city enforcement officer determines there is a violation of the provisions of this chapter, he or she is authorized to issue an administrative citation to a responsible party, as provided by Chapter 1.24.
B. 
When a designated city enforcement officer determines there is a violation of the provisions of this chapter, he or she is authorized to issue an infraction citation to a responsible party as provided by Chapter 1.24. After receipt of three infraction citations for the same or similar violation, the responsible party may be charged with a misdemeanor.
C. 
Any condition found to constitute a public nuisance under this chapter may be abated pursuant to the procedures set forth in Chapter 8.00.
(Ord. 852 § 1, 2007; Ord. 1065, 12/12/2023)