As used in this chapter, the following words, phrases, or terms
shall have the meanings set forth in this section:
includes to the rear of or abutting the property upon which
the nuisance exists.
means the fire chief and subordinate employees.
means weeds which when mature bear wingy or downy seeds,
which will attain such a large growth as to become a fire menace when
dry, or which are otherwise noxious or dangerous. As used in this
chapter, the term includes any of the following:
Weeds which bear seeds of a downy or wingy nature;
Sagebrush, chaparral, and any other bush or weeds which 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 of the public health;
Dry grass, stubble, brush, litter, or other flammable material
which endangers the public safety by creating a fire hazard.
(Prior code § 26-1.1; Ord. 1358 § 1, 1980; Ord. 1752 § 1, 2008; Ord. 1881 § 3, 2020)
It is the purpose of this chapter to provide a procedure for the abatement of weeds, as defined in Section 5.12.010.
(Prior code § 26-1.2; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
A.
Whenever
any weeds described in this chapter are growing upon any street or
sidewalk or vacant or improved private property in the city, the city
council may, by resolution declare the same to be a public nuisance.
Such resolution shall declare that such public nuisance shall be abated
by removal by the property owner, or that such weeds will be removed
and the nuisance abated by the city authorities, and the cost and
expense of such removal shall be assessed upon the lots on which,
or in front of which, such weeds existed.
B.
At the
time of adoption of such resolution, the city council may also find
and declare that weeds on specific parcels of property are seasonal
and recurrent nuisances. Such nuisances shall be abated in accordance
with the provisions of this chapter; provided that upon the second
and any subsequent occurrence of the same nuisance on the same parcel
or parcels within the same calendar year, no further hearings need
to be held, and it shall be sufficient to mail a post card notice
to the owners of the property as they and their addresses appear upon
the current assessment roll.
C.
Such
resolution shall refer to each lot upon which or in front of which
the nuisance exists by giving its lot and block number according to
the official or city assessment map. Each abutting street shall be
referred to by its commonly known name.
D.
Such
resolution shall also contain a notice of the day, hour, and place
when and where any person having any objection to the proposed removal
of weeds may appear before the city council and present such objection.
The time for hearing objections shall be not less than ten nor more
than thirty days from the adoption of the resolution.
(Prior code § 26-1.3; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
A.
Not
later than ten days prior to the time for hearing objections, the
city clerk shall cause written notice to be mailed to all persons
to whom such described property is assessed in the last equalized
assessment roll available on the date of adoption of the resolution,
or in records of the assessor which contain more recent addresses
of property owners.
B.
The
form of the notice of the resolution shall be substantially as follows:
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NOTICE TO DESTROY WEEDS
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Notice is hereby given that on the _______ day of____________,
20______, the City Council of the City of San Bruno passed a resolution
declaring that noxious or dangerous weeds were growing upon or in
front of the property on this street, in ____________, and more particularly
described in the resolution, and that they constitute a public nuisance
which must be abated by the removal of the weeds. 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 weeds 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.
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All property owners having any objections to the proposed removal
of the weeds are hereby notified to attend a meeting of the City Council
of the City of San Bruno to be held on _______ at the hour of _______
in the Council Chamber of the City Hall, 567 El Camino Real, San Bruno,
California, when their objections will be heard and given due consideration.
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Dated this _______ day of _______, 20_________.
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___________________
City Clerk
City of San Bruno
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(Prior code § 26-1.4; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
A.
At the
time stated in the resolution, the city council shall hear and consider
all objections to the proposed removal of weeds. It may continue the
hearing from time to time. Upon the conclusion of such hearing, the
city council shall allow or overrule any objections. It shall then
be deemed to have acquired jurisdiction to proceed and perform the
work of removal. The decision of the city council in the matter shall
be final and conclusive.
B.
After
the final action has been taken by the city council on the disposition
of any objections to the proposed removal of weeds, or in case no
objection has been received, the city council shall by resolution
order the superintendent to abate such nuisance by having the weeds
referred to removed.
C.
The
superintendent and his or her subordinates are expressly authorized
to enter upon vacant or unimproved private property for the purpose
of removal of weeds. Any property owner shall have the right to have
the weeds removed at his or her own expense if such removal is accomplished
prior to the arrival of the superintendent or his or her subordinates
to do the same.
(Prior code § 26-1.5; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
A.
When the city council has adopted a resolution finding and declaring that weeds on specific parcels of property are seasonal and recurrent nuisances, post card notices may be sent to the property owners upon the second and any subsequent occurrence of the same nuisance on the same parcel or parcels, pursuant to subsection B of Section 5.12.030. Such notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the city authorities and the cost of such removal shall be assessed upon the parcel and lands from which such weeds are removed, and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid.
B.
The
notice shall also state that the efficient and economical control
of such seasonal and recurrent nuisance requires preventive chemical
control of such weeds, weed seeds, and weed seedlings, and that the
city may require preventive chemical control of such nuisance. Once
the city is required to abate such nuisance, it may, in addition,
before and during the following germinating season of such weeds,
provide for the preventive abatement of such nuisance by use of chemical
control of such weeds.
(Prior code § 26-1.6; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
A.
The
superintendent shall keep an account of the cost and expense of abating
any nuisance pursuant to this chapter. He or she shall render an itemized
report in writing to the city council showing the cost and expense
of removal of weeds on or in front of each separate lot.
B.
Before such report is submitted to the city council the city clerk shall mail a copy thereof to the owners of the affected lots in accordance with subsection A of Section 5.12.040 and shall post a copy of such report at least three days prior thereto on or near the chamber door of the city council, together with a notice of filing of the same, and of a time and place where any person interested in the work done, or in such report, will be heard by the city council.
C.
The
city clerk shall prepare an affidavit of posting, which shall be filed
in the office of the city clerk.
(Prior code § 26-1.7; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
A.
Any
owner of property or other person affected by or interested in such
report aggrieved by any act or determination of the superintendent
may appear at the hearing and state his or her objection.
B.
Upon
such hearing the city council may remedy or correct any error or informality
in the proceeding, or revise or correct any act or determination of
the superintendent, relative to the work. The city council may confirm,
amend, alter, modify, or correct such report as may be just.
C.
The
decision of the city council shall be final and conclusive upon all
such persons entitled to appeal, as to all errors, informalities,
and irregularities which the city council can remedy. No report and
no proceedings prior thereto shall be held invalid for any error,
informality, or defect therein.
D.
The
city council shall confirm the report by motion or resolution.
(Prior code § 26-1.8; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
A.
The
cost of abatement in front or upon each parcel of land constitutes
a special assessment against that parcel. After the assessment is
made and confirmed by the city council, the city clerk shall cause
the order confirming the assessment to be recorded in the office of
the county recorder.
B.
Except
as may otherwise be provided by statute, a lien attaches on the parcel
upon recordation of the order.
(Prior code § 26-1.9; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
The city clerk shall file a certified copy of the report with
the county auditor on or before August 10th. The descriptions of the
parcels reported shall be those used for the same parcels on the county
assessor's map books for the current year.
(Prior code § 26-1.10; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
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. When collected, such
funds shall be used for the reimbursement of the funds from the city
from which such costs and expenses were originally advanced.
(Prior code § 26-1.11; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
The director of finance may receive the amount due on the abatement
cost and issue receipts at any time after the confirmation of the
report and until August 1st following the confirmation of the report.
(Prior code § 26-1.12; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
The city council may order refunded all or part of a tax paid
pursuant to this chapter if it finds that all or part of the tax has
been erroneously levied. A tax or part shall not be refunded unless
a claim is filed with the city clerk on or before November 1st after
the tax became due and payable. The claim shall be verified by the
person who paid the tax, or the person's guardian, conservator, executor,
or administrator.
(Prior code § 26-1.13; Ord. 1358 § 1, 1980; Ord. 1881 § 3, 2020)
