as used in this chapter, means all weeds exceeding twelve
inches in height, growing or being upon streets, alleys, sidewalks,
or private property in the city and includes any of the following:
Weeds which bear or may bear seeds of a downy or wingy nature;
Weeds and indigenous grasses which may attain such large growth
as to become, when dry, a fire menace to adjacent improved property;
Weeds which are otherwise noxious or dangerous;
Poison oak and poison ivy when the conditions of growth are
such as to constitute a menace to the public health;
Jimson, burdock, ragweed, thistle, cocklebur or other weeds
of a like kind.
(Prior code § 12-301)
A.
No
owner, agent, lessee or other person occupying or having charge or
control of any building, lot or premises within the city shall permit
weeds to remain upon such premises, or public sidewalks, or streets,
or alleys between such premises and the centerline of any public street
or alley.
B.
All
such weeds found growing or being in or upon any lot or parcel of
land in the city are declared a nuisance.
(Prior code § 12.302)
It shall be the duty of the owner and of his agent, and of the
lessee, occupant or person in possession of any lot, parcel, tract
or piece of land, improved or unimproved, in the city, to keep the
lot, parcel, tract, or piece of land free from mounds of loose earth,
dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete,
refuse, rubbish, paper, and waste material of every kind, or other
unsanitary substance, object or condition which may endanger or injure
neighboring property or the health, safety or welfare of the residents
of the vicinity of such property.
(Prior code § 12-303(1))
It shall be the duty of the owner and of his agent, and of the
lessee, occupant or person in possession of any lot, parcel, tract
or piece of land, improved or unimproved in the city, to at once remove
from the sidewalk, parkway or alley abutting or adjoining such lot,
parcel, tract, or piece of land, all loose earth, mounds of soil,
dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete,
rubbish, paper, refuse, and waste material of any kind, or other unsanitary
substance, object or condition, which may endanger or injure neighboring
property or the health, safety or welfare of the residents of the
vicinity of the property, lands or lots or obstruct such sidewalks,
parkways or alleys, and thereby endanger or injure persons traveling
thereon.
(Prior code § 12-303(2))
Whenever the director of public works of the city shall find
any loose earth, mounds of soil, dry grass, weeds, dead trees, abandoned
concrete or asphalt, tin cans, rubbish, paper, refuse or waste material
of every kind or other unsanitary substance, object or condition in
or upon the sidewalk, parkway or alley abutting or adjoining any lot,
parcel, tract or piece of land within the city, or in or upon any
lot, parcel, tract, piece of land or grounds within the city, which
may endanger or injure neighboring property or the public health,
public safety or public welfare or obstruct such sidewalks, parkways
or alleys and thereby endanger or injure persons traveling thereon,
he or she shall give, or cause to be given, notice to remove such
loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans,
abandoned concrete or asphalt, rubbish, paper, refuse or waste material
of every kind or other unsanitary substance, object or condition.
Such notice shall be in writing, signed by the director of public
works, and substantially in the following form:
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NOTICE TO CLEAN PREMISES
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TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON
IN POSSESSION OF THE PREMISES, HEREINAFTER DESCRIBED.
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YOUR ATTENTION IS HEREBY DIRECTED TO the provisions of Article
III of Chapter 12 of the Municipal Code of the City of Crescent City,
on file in the office of the City Clerk of the City.
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Pursuant to the provisions of said Article III you are hereby
notified to at once, and in any event within 10 days of the date of
this notice, remove from the property herein described, all loose
earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned
asphalt or concrete, rubbish, paper, refuse and waste material of
all kinds and all other unsanitary substance, object or condition
which may endanger or injure neighboring property or afford a refuge
for rats or vermin or otherwise endanger or injure the public health,
public safety, or public welfare and thereafter keep the said premises
free therefrom. In the event you shall fail so to do within the time
hereinbefore limited, the undersigned will cause the same to be so
removed and the charges therefor will be a lien upon such premises
and upon the lot or parcel of land adjoining and abutting the sidewalk,
parkway or alley, in the event the sidewalk, parkway or alley is to
be cleaned. The said property is situated in the City of Crescent
City, California and is described as follows:
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Lot __________; Block __________; Tract __________.
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If you desire the City to do the work and charge you for it,
please notify it in writing to do so. The City contracts this work
and the charge will be for the actual costs.
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Before doing any work yourself, it is suggested that you confer
with this office in the City Hall in order to acquaint yourself with
the requirements.
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Dated at Crescent City, California, this __________ day of __________,
20_____
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Signed________________________________
Director of Public Works of the City of Crescent City, California
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(Prior code § 12-303(3))
The notice provided for in Section 12.16.050 shall be given by delivering the same personally to the owner, agent of the owner, lessee, occupant or person in possession of the premises described in the notice or by depositing the notice in the United States mail, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant or person in possession of the lot, piece or parcel of land therein described at his last known address, and, if no address is known or made known to the director of public works, then in care of general delivery at Crescent City.
(Prior code § 12-303(4))
The director of public works or other person mailing the notice required by Section 12.16.050 must file in the office of the city clerk an affidavit of such mailing, which affidavit shall be conclusive evidence that the notice was mailed as required by Section 12.16.060.
(Prior code § 12-303(5))
In the absence of fraud, no error or mistake in the sending of a notice required by Section 12.16.050 and no failure on the part of any property owner to receive the same shall in any way affect the validity of the proceedings.
(Prior code § 12-303(6))
A.
In the event that a notice required by Section 12.16.050 is given by the director of public works as part of a general scheme or project to clean or improve ten or more lots or parcels of land at any one time, such as an annual cleaning of weeds from vacant lots, then, in addition to such notice, the director of public works shall publish in the official newspaper of the city a general notice substantially in the following form:
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NOTICE TO CLEAN PREMISES
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TO THE OWNERS, AGENT OF OWNERS, LESSEES, OCCUPANTS, OR PERSONS
IN POSSESSION OF VACANT LOTS IN THE CITY OF CRESCENT CITY, CALIFORNIA:
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YOUR ATTENTION IS HEREBY DIRECTED to the provisions of Article
III of Chapter 12, of the Municipal Code of the City of Crescent City
on file in the office of the City Clerk thereof. Pursuant to the provisions
of such Article III, you are hereby notified that the City is commencing
an annual weed cleaning project. Notices will be mailed to the owner,
agent of the owner, lessee, occupant, or person in possession of any
lot, piece or parcel of land required to be cleaned and improved.
Such notice will be mailed to the last known address, and if no such
address is known or made known to the Director of Public Works, then
such notice will be mailed in care of General Delivery at Crescent
City, California. Each such notice will require that within 10 days
of the date of such notice all mounds of loose earth, dry grass, weeds,
dead trees, tin cans, abandoned asphalt and concrete, rubbish, refuse,
paper, and waste material of all kinds and all other unsanitary substance,
object or condition which may endanger or injure neighboring property
or afford a refuge for rats or vermin or otherwise endanger or injure
the public health, public safety or public welfare, shall be removed.
Failure to receive such notices will not excuse failure to do the
work therein required. You are advised to acquaint yourself with the
provisions of the law, and with the requirements of the Director of
Public Works, and to leave your name and address at his office if
you desire such notice.
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Signed ____________________________
Director of Public Works of the City of Crescent City, California
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B.
Such
notice shall be published as aforesaid within seven days either before
or after the date that the first notice is mailed.
(Prior code § 12-303(7))
Within ten days from the date of posting, publishing, serving
or mailing any notice under this chapter, whichever shall be last,
the owner, or any person interested in the property, land, lots, or
parcels of land affected by such notice, may appeal to the city council
from the requirements thereof. Such appeal shall be in writing, shall
state the objections of the person filing the same, and shall be filed
with the city clerk and presented to the city council at its next
regular meeting. The city council shall proceed to hear and pass upon
the appeal and render its decision thereon, determining, by resolution,
whether the director of public works shall proceed in accordance with
the notice as given or as modified by the city council, or not at
all, and its decision thereon shall be final.
(Prior code § 12-303(8))
If any person given the notice provided for in Section 12.16.050 fails to comply therewith within the time therein limited or as extended by the city council, it shall be the duty of the director of public works to have removed all such loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt, rubbish, paper, refuse and waste material of every kind and every other unsanitary substance, object and condition therefrom.
(Prior code § 12-303(9))
It is unlawful for any person, owner, agent of the owner, lessee
or anyone in possession of any premises within the city to refuse
to allow the director of public works or his deputies or employees
to enter upon the premises at any time during the hours of daylight
of any weekday for the purpose of removing any mounds of loose earth,
dry grass, weeds, dead trees, tin cans, abandoned concrete or asphalt,
rubbish, refuse, paper, waste material of every kind or other unsanitary
substance or objects, which may endanger or injure neighboring property
or the public health or public safety or general welfare of the residents
of the vicinity of such premises, or to interfere in any way whatsoever
with the director of public works or his deputies or employees in
any work which he or she may undertake under the provisions of this
chapter.
(Prior code § 12-303(10))
The director of public works shall make out a statement of the expense incurred by him or her for making the removal provided for in Section 12.16.110, and shall place the same on file with the city clerk. Such statement shall, as to each piece of property therein referred to, show the number of the lot and block, and also the name of the tract or subdivision in which the lot lies, or shall describe the lot or parcel of land in any other way by which it may be easily identified, and shall show the cost of so cleaning the same; provided, however, that one or more or all of the lots may be set forth in one and the same statement.
(Prior code § 12-303(11))
Within ten days after the filing of the statement referred to in Section 12.16.130, the director of public works shall cause to be published in the official newspaper of the city, a notice substantially in the following form:
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NOTICE
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EQUALIZATION OF WEED REMOVAL, NUISANCE ABATEMENT AND CLEANING
ASSESSMENTS.
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NOTICE IS HEREBY GIVEN that the City Council of the City of
Crescent City, California, will on the ____________ day of ____________
20 ______, in the Council Chambers in the City Hall of the said City,
beginning at the hour of 8:00 p.m. of the said day, hear any protests
or objections to weed removal, nuisance abatement, and cleaning taxes
for the purposes of correcting, modifying or confirming the same,
and the failure to make any objection thereto will be deemed a waiver
of the same.
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A statement showing all property affected and the respective
taxes or charges against the same is now on file in the office of
the City Clerk at the City Hall of said City and is open to public
inspection.
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Dated: This ____________ day of ____________ 20______
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________________________________________
City Clerk
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(Prior code § 12-303(12))
Any interested person objecting to the proposed assessment may file a written protest with the city clerk at or before the time set for the hearing referred to in the notice published in accordance with Section 12.16.140. The city clerk shall present to the city council all protests so filed with him or her. The city council sitting as the board of equalization at the hearing which shall be had at the first regular meeting of the city council next after the expiration of ten days from the date of publication of the notice, may modify or correct any assessment which, in their opinion, is excessive or otherwise incorrect. If no corrections or modifications are made, the assessments shall be deemed confirmed and the city council's decision thereon shall be conclusive and the respective assessments shall thereupon become a lien against the respective property involved and against the premises or property abutting or adjoining the sidewalk, parkway, or alley in the event the property cleaned be the sidewalk, parkway or alley, until the respective assessments are paid. If any correction or modification in any assessment is made by the city council, such corrected or modified amount shall be deemed confirmed and the city council's decision thereupon shall be conclusive and the same shall thereupon become a lien as above provided.
(Prior code § 12-303(13))
After the hearing provided for in the notice given under Section 12.16.140, the assessment roll shall be forwarded to and filed with the tax collector of the city, or with the county tax collector, if the county collects city taxes during the period effective.
(Prior code § 12-303(14))
The amount of the assessment shall be collected at the time
and in the manner of ordinary municipal taxes. If delinquent, the
amount is subject to the same penalties and procedure of foreclosure
and sale provided for ordinary municipal taxes.
(Prior code § 12-303(15))
