A. 
It is found and expressly declared that the existence of any weeds, rubbish, dirt, trash, grass and vegetation, or other material which is dangerous or is injurious to neighboring property or the health or welfare of residents of the vicinity, is a public nuisance.
B. 
All persons owning, leasing or occupying real property within the city are required to keep and maintain the same free and clear of all weeds, rubbish, dirt, trash, grass and vegetation or other materials which constitute a public nuisance. "Real property" as used in this chapter shall also include those areas defined as sidewalks, parking strips between sidewalks, parking strips between sidewalks and curb lines and alleyways from fence line to center of right-of-way.
(Prior code § 12A-1; Ord. 765 § 1, 1987; Ord. 1464 § 1, 2010)
It is unlawful for any person occupying, leasing or owning property fronting or abutting on any public alleyway in the city to fail, refuse or neglect to keep the portion of such alley between the centerline thereof and the property line of such property free from materials which constitute a public nuisance.
(Prior code § 12A-2; Ord. 765 § 1, 1987; Ord. 1464 § 1, 2010)
A. 
If any person shall allow any public nuisance to accumulate on any real property owned, leased or occupied by such person in the city, the fire chief shall give or cause to be given to the person(s) owning or leasing such real property, and the occupant thereof, if any:
1. 
A fire inspection warning issued by mail or personally delivered allowing thirty days to abate the nuisance which shall contain the property street address, the inspection and reinspection dates, the nature of the nuisance, the fire department address and telephone number and it shall be signed by the inspector.
2. 
If not compliant with initial fire inspection warning, a fifteen-day notice to remove the same and clean up the real property, reading approximately as follows:
NOTICE
YOU ARE HEREBY NOTIFIED THAT UNLESS YOU CLEAN UP YOUR PROPERTY WITHIN Fifteen DAYS FROM AND AFTER THE DATE OF THIS NOTICE, BY REMOVING ALL WEEDS, RUBBISH, DIRT, TRASH AND VEGETATION OR OTHER MATERIAL WHICH CONSTITUTES A PUBLIC NUISANCE THEREFROM, THE SAME WILL BE CLEANED UP BY THE CITY OF MANTECA AND THE COSTS THEREOF, INCLUDING ADMINISTRATIVE COSTS, WILL BE BILLED TO YOU AND A LIEN IN THE AMOUNT THEREOF WILL BE PLACED AGAINST YOUR PROPERTY, PURSUANT TO GOVERNMENT CODE SEC. 3901 ET SEQ.
APPEAL: WITHIN Ten DAYS FROM THE DATE OF MAILING SUCH NOTICE THE OWNER OR ANY PERSON INTERESTED IN SUCH REAL PROPERTY AFFECTED BY SUCH NOTICE MAY APPEAL TO THE FIRE CHIEF SUCH APPEAL SHALL BE IN WRITING AND SHALL BE FILED WITH THE FIRE DEPARTMENT. IF RESOLUTION IS NOT MET WITH THE FIRE CHIEF, THE PROPERTY OWNER CAN APPEAL TO THE CITY MANAGER WITHIN Five DAYS. CITY MANAGER SHALL PROCEED TO HEAR AND PASS UPON SUCH APPEAL AND ITS DECISION THEREON SHALL BE FINAL AND CONCLUSIVE.
ADDRESS: ____________________________
PARCEL #: ____________________________ OF THE CITY OF MANTECA
DATE: ________________________________
FIRE INSPECTOR: ______________________
FIRE CHIEF: ___________________________
B. 
The notice shall be mailed, together with a copy of this chapter, to the person to whom such real property is assessed in the county assessor's office; provided, however, that the failure to receive such notice shall not affect the validity of any lien provided for under the provisions of this chapter. If at the end of such period mentioned in such notice, such owner has failed to comply with the notice and if he or she has failed to file an appeal with the fire chief, as hereinafter provided, the fire chief shall contract to have such weeds, rubbish, dirt, trash, grass and vegetation, or other materials removed. A failure to file a written appeal within the time stated in the notice with the fire chief shall be deemed a waiver of all objections to the proposed removal or destruction.
C. 
For the purpose of this chapter the owner is the person to whom such real property is assessed in the county assessor's office.
D. 
The fire chief may upon a reasonable belief that the public health, safety or welfare requires that the nuisance be abated in less than fifteen days, shorten the notice requirements set forth in this chapter.
E. 
If at the end of such period mentioned in such notice, such owner has failed to comply with the notice and if he or she has failed to file an appeal with the fire chief, as hereinafter provided in Section 8.16.040, the fire chief may issue or cause to be issued a citation into the municipal court citing this chapter as being violated for the particular nuisance to be abated or; the fire department may manage the citation process administratively using the established court fine or cost recovery of the fire department as established by a resolution of the city council.
(Prior code § 12A-3; Ord. 765 § 1, 1987; Ord. 1464 § 1, 2010)
Within ten days from the date of mailing such notice, the owner or any person interested in such real property affected by such notice may appeal to the fire chief. Such appeal shall be in writing and shall be filed with the fire department. If resolution is not met with the fire chief, the property owner may appeal to the city manager within five days. The city manager shall proceed to hear and pass upon such appeal and its decision thereon shall be final and conclusive.
(Prior code § 12A-4; Ord. 765 § 1, 1987; Ord. 1464 § 1, 2010)
Unless within fifteen days from the date of mailing the notice provided for in Section 8.16.030, or in case of appeal to the fire chief within ten days from the date of determination and an additional five days if appeal goes to the city manager thereof (unless the same is sustained) the weeds, rubbish, dirt, trash and vegetation or other material as the case may be, are removed from such real property as directed by such notice, the fire chief shall remove or contract to have the same removed. If, upon appeal, the requirements of the original notice are modified, the fire chief in removing or causing to be removed such weeds, rubbish, dirt, trash and vegetation or other material, shall be governed by the determination of the city manager so made.
(Prior code § 12A-6; Ord. 765 § 1, 1987; Ord. 1464 § 1, 2010)
As soon as the amount of the charge for removing such weeds, rubbish, dirt, trash, grass and vegetation or other material is determined, the fire chief shall file or cause to be filed with the city clerk, a statement of the amount of the charge for removing such weeds, rubbish, dirt, trash, grass and vegetation or other material, together with an affidavit of mailing of the fifteen-day notice provided in subsection A of Section 8.16.030.
(Prior code § 12A-7; Ord. 765 § 1, 1987; Ord. 1464 § 1, 2010)
The citation fines and charge for removing such weeds, rubbish, dirt, trash, grass and vegetation or other material, including the administrative cost, shall become immediately due and payable to the city, through the fire department. Additionally, a one hundred dollar citation fine will be issued for all repeat offenders of two years in a row. A two hundred dollar citation fine will be issued for all repeat offenders of three years in a row or more.
(Prior code § 12A-8; Ord. 765 § 1, 1987; Ord. 1464 § 1, 2010)
If payment is not received by the city within ninety days of the citation fine or the charge for removing such weeds, rubbish, dirt, trash, grass and vegetation or other materials shall become a lien against the real property or parcel of land from which the aforesaid materials are removed.
(Prior code § 12A-9; Ord. 765 § 1, 1987; Ord. 1464 § 1, 2010)
The city may also bring suit against the owner or any occupant of the real property cleaned up, as provided in this chapter, for the full amount of the cost of cleaning up of such real property and all applicable penalties.
(Prior code § 12A-10; Ord. 765 § 1, 1987; Ord. 1464 § 1, 2010)