It shall be the duty of the owner, his agent, his lessee and
of the person in possession of private real property, whether improved
or unimproved, in the city to keep the same, together with the public
right-of-way, if any, abutting or adjoining such property free from
weeds, rubbish, refuse and waste materials of all kinds which may
endanger or injure neighboring property, or the health, safety or
welfare of the residents in the vicinity of such property.
(Ord. 1490 § 1, 1979)
as used in this chapter means those items defined as weeds
in Section 39561.5 of the Government Code.
(Ord. 1490 § 1, 1979)
All weeds and rubbish on sidewalks, parking areas, streets and
private property constitute a nuisance, dangerous and injurious to
the neighboring property and to the health and welfare of the residents
of the city.
(Ord. 1490 § 1, 1979)
Whenever a public nuisance as described in the preceding section
is found to exist within the city, that fact shall be communicated
by the fire chief or his deputies, in writing, to the owner of the
property abutting the public street or sidewalk whereon such nuisance
exists, or to the owner of the private property whereon such nuisance
exists. The notice shall be in the following form:
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NOTICE IS HEREBY GIVEN that a nuisance exists because of the
presence of weeds and/or rubbish upon or in front of, the property
located at ____________________, City of Monterey Park, California,
and more particularly described in the schedule attached hereto (legal
description) and that they constitute a public nuisance which must
be abated by the removal of such weeds and/or rubbish, within __________
days of the date of this notice. Otherwise, it 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 weeds, rubbish, refuse and
dirt are removed and will constitute a lien upon such land until paid.
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All property owners having any objection to the proposed removal
of the weeds, rubbish, refuse and dirt are hereby notified that they
may demand a public hearing before the City Council of the City of
Monterey Park by giving written demand therefor to the City Clerk
of the City of Monterey Park within 10 days of the date of this notice.
Failure to make demand for such hearing shall be deemed a waiver thereof
and a consent that the City may proceed to cause the removal of such
nuisance.
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Dated this _____ day of __________, 20_____.
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____________________________
City Clerk
City of Monterey Park
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(Ord. 1490 § 1, 1979)
The notice shall be mailed to each person to whom such described
property is assessed in the last equalized assessment roll available
on the date that the notice is given.
(Ord. 1490 § 1, 1979)
In lieu of abatement by day labor, abatement of the nuisance
may, in the discretion of the city council, be performed by contract
awarded by the city council on the basis of competitive bids let to
the lowest responsible bidder. In such event, the contractor shall
keep an account and submit an itemized written report for each separate
parcel of land whereon work is performed.
(Ord. 1490 § 1, 1979)
Whenever nuisances are found to be seasonal and recurrent, on
specified parcels of property, the fire chief shall notify the property
owner in writing that the efficient and economical control of such
seasonal and recurrent nuisances requires preventive chemical control
of such weeds, weed seeds and weed seedlings. In the event the city
is once required to abate such nuisance, the city may, in addition,
before and during the next following germinating season of such weeds,
provide for the preventive abatement of such nuisance by using chemical
control of such weeds.
(Ord. 1490 § 1, 1979)
If any property owner demands a hearing pursuant to the provisions of Section 9.87.040, the same shall be held at the time stated in the notice thereof. The city council shall consider any evidence offered by the property owner as to whether a public nuisance, in fact, exists. If the city council determines that no public nuisance exists, the city shall take no further action with respect to the subject property. If the council determines that a public nuisance exists, the council shall order that the nuisance be abated by the owner within a reasonable period of time or that the city cause such abatement and assess the charge therefor against the real property.
(Ord. 1490 § 1, 1979)
The city council shall give written notice of the time and place when a hearing is to be held, pursuant to Section 9.87.080, to each property owner who has made a demand therefor, at least five days in advance of such hearing. Notice may be given by personal service or by depositing the same in the United States mail, postage prepaid. Such hearing may be continued from time to time, without further notice.
(Ord. 1490 § 1, 1979)
Before the fire chief commences to abate the nuisance, the landowner
may accomplish such abatement at his own expense.
(Ord. 1490 § 1, 1979)
The fire chief or the contractor engaged by the city may enter
upon private property to abate the nuisance.
(Ord. 1490 § 1, 1979)
The fire chief shall keep an account of the cost of abatement
in front or on each separate parcel of land where work is done by
the city or by a contractor engaged by the city. He shall submit the
same to the city council for confirmation. If a contractor is engaged
by the city, an administrative fee to be established by resolution
of the city council shall be charged to cover the cost of overseeing
the contractor's abatement of weeds.
(Ord. 1490 § 1, 1979; Ord. 1835 § 2, 1992)
A copy of the schedule showing the cost of the abatement shall
be posted at least three days prior to the submission to the city
council on or near the Council Chambers with notice of the date it
will be submitted to the council.
(Ord. 1490 § 1, 1979)
At the time fixed for receiving the schedule of account of the
cost of abating the nuisance, the council shall hear it and any objections
of the property owners liable to be assessed for the abatement to
its approval. The council may confirm, accept, modify or reject the
schedule of account as it deems fair and necessary. Acceptance or
modification shall be made by resolution.
(Ord. 1490 § 1, 1979)
The cost of abatement in front of or on each parcel of land
constitutes a special assessment against that parcel. After the assessment
is made and confirmed, it is a lien on the parcel and shall remain
a lien until paid.
(Ord. 1490 § 1, 1979)
A certified copy of the resolution confirming all or part of
the cost of abatement as set forth in the schedule of account shall
be filed with the county auditor. The description of the parcels reported
shall be those used for the same parcels on the county assessor's
map book for the current year.
(Ord. 1490 § 1, 1979)
State laws relating to the levy, collection and enforcement
of county taxes apply to such special assessments, as are provided
for in this chapter.
(Ord. 1490 § 1, 1979)
The amount of assessment shall be collected at the time and
in the manner as the ordinary municipal taxes. If delinquent, the
amount is subject to the same penalties and procedures foreclosure
and sale as are provided for ordinary municipal taxes.
(Ord. 1490 § 1, 1979)
The city council may determine that, in lieu of collecting the
entire assessment at the time and in the manner of ordinary municipal
taxes, such assessments of fifty dollars or more may be made in annual
installments, in any event not to exceed five, and collected one installment
at a time at the times and in the manner of ordinary municipal taxes
in successive years. If any installment is delinquent, the amount
thereof is subject to the same penalties and procedure for foreclosure
and sale provided for ordinary municipal taxes. The payment of assessments
so deferred shall bear interest on the unpaid balance at a rate to
be determined by the city council not to exceed seven percent per
year.
(Ord. 1490 § 1, 1979)
