The growth or existence upon the sidewalk of any public street,
or upon any premises abutting thereon, of bushes, hedges, trees or
shrubs which in any manner interfere with or obstruct or endanger
the passage of pedestrians or vehicles along such sidewalk or street
or unreasonably obstruct the view of motorists at intersections of
said street or streets, and the growth or existence upon the sidewalk
space of any public street or upon any premises abutting thereon of
weeds which by decaying or burning might endanger health or property,
and the depositing or accumulation of rubbish, trash, garden refuse,
tree trimmings, ashes, or tin cans upon premises, are each hereby
declared to be a nuisance.
(Prior code § 5-048)
The following conditions of vegetation shall be deemed to be a nonexclusive list of nuisances within Section 12.12.010, and conditions to be corrected under Section 12.12.030.
A.
A tree
with limbs overhanging the paved street or paved sidewalk less than
10 feet above such street or sidewalk;
B.
A tree:
1.
Within
35 feet of the intersection of curb lines of streets if in the public
way, or
2.
Within
25 feet of the intersection of curb lines if on private premises abutting
the public way,
3.
If
its limbs (or limb) at a point two feet or more from the trunk of
said tree are less than 48 inches from the surface of the ground;
C.
A hedge,
bush or shrub overhanging the paved street or paved sidewalk;
E.
The
limb of a tree or a hedge, bush or shrub which is so situated in or
above the space between a sidewalk and the curb, as to obscure and
impair the reading by motorists in the abutting paved portion of the
street of stop signs or other traffic signs or control devices in
said space between the sidewalk and curb.
(Prior code § 5-049)
Whenever any bush, hedge, tree or shrub upon the sidewalk of
any public street, or upon any premises abutting thereon, interferes
with or obstructs or endangers the passage of pedestrians or vehicles
along such sidewalk or street, or unreasonably obstructs the view
of motorists at intersections of said street or streets, the Fire
Chief or the Director of Community Development or their designees
shall give written notice to the owner, tenant or person having charge
or control of the premises on or in front of which such weeds are
growing, to remove such weeds, and it is unlawful for such owner,
tenant, or person having charge or control of such premises to fail
or neglect to remove such weeds from such sidewalk or premises within
five days after service on them of said notice.
(Prior code § 5-050)
A.
Whenever
there shall be standing, growing or existing upon any premises, any
weeds which by burning or decaying might endanger the health or safety
of persons or property, the Fire Chief or the Director of Community
Development or their designees shall give notice to the owner, tenant.
or person in charge of such premises to remove or abate such weeds
within five working days of receipt of such notice.
B.
Notice
shall consist of conspicuous posting of the subject property and by
mailing to the last known address of the owner, tenant, or person
in charge of the parcel, as reflected in the records of the Tax Collector
of the County of San Joaquin, return receipt requested.
C.
It
shall be a misdemeanor for any owner, tenant, or person in charge
or control of any premises posted pursuant to the provisions of this
section to fail or refuse to remove or abate such weeds within five
working days from and after receipt of notice as described above.
(Prior code § 5-051)
A.
It
is unlawful for any person to throw or deposit any rubbish, trash,
garden refuse, tree trimmings, ashes or tin cans, or any other offensive
or nauseous substances upon any streets or premises within this City,
except as herein provided.
B.
Exceptions.
Whenever any rubbish, trash, garden refuse, tree trimmings, ashes,
tin cans, or other offensive or nauseous substances shall have been
thrown or deposited upon any street or premises in this City, or shall
have accumulated thereon, the Chief of Police shall given written
notice to the owner, tenant or person having charge or control of
said premises to remove therefrom the substances so deposited or accumulated,
or in lieu thereof, on those premises which are six inches or more
below the nearest curb, to cover the same with soil to a depth of
at least six inches, and it is unlawful for the owner, tenant or person
having charge or control of said premises to fail to remove therefrom
said rubbish, trash, garden refuse, tree trimmings, ashes, tin cans,
or other offensive or nauseous substances, or on those premises which
are six inches or more below the nearest curb grade, to cover the
same with soil as herein provided, within five days after the service
upon him or her of said notice.
(Prior code §§ 5-053, 5-053.1)
