Note: Refuse disposal on streets and sidewalks—See Section 11.24.010 of this Code.
All weeds growing upon the street or sidewalk or private property, within the City, which bear seeds of a wingy or downy nature, or attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, and all rubbish, refuse and dirt upon streets, parkways, sidewalks or private property within the City, may be declared to be a public nuisance by the City Council and may be abated as herein provided.
(Ord. 352 § 1, July 7, 1948)
Whenever such weeds are growing upon any street or sidewalk or private property, or whenever rubbish, refuse, or dirt is upon any street, parkway, sidewalk or private property, the City Council may, by resolution, declare the same to be a public nuisance. Said resolution shall refer to the street by the name under which it is commonly known and describe the property upon which, or in front of which, said nuisance exists, by giving the lot and block number of the same, according to the official map or the assessment map of such City used for describing property on tax bills; and no other description of said property shall be required. Any number of streets, sidewalks or parcels of private property may be included in any one and the same resolution.
(Ord. 352 § 2, July 7, 1948)
After the passage of said resolution, the Street Supervisor shall cause to be conspicuously posted on and in front of the property on which, or in front of which, such nuisance exists, one notice to each piece or parcel or property in separate ownership of not over 50 feet frontage, or not more than two notices to any piece or parcel of property of separate ownership with a frontage of 100 feet or less. If the frontage of any piece or parcel of property in separate ownership is greater than 100 feet, notices shall be posted not more than 100 feet apart. Such notices shall be headed "Notice to Destroy Weeds and to Remove Rubbish, Refuse and Dirt," such heading to be in words of not less than one inch in height and substantially in the following form:
NOTICE TO DESTROY WEEDS AND TO REMOVE RUBBISH, REFUSE AND DIRT
Notice is hereby given that on the _______ day of _______, (year) the City Council of Mill Valley passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse and dirt was upon or in front of any property on this street, in said ______, and more particularly described in said resolution, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds and said rubbish, refuse and dirt, otherwise they will be removed and the nuisance will be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which or in front of which such weeds and such rubbish, refuse and dirt are removed, and such costs will constitute a lien upon such lots or lands until paid. Reference is hereby made to said resolution for further particulars.
All property owners having any objections to the proposed removal of such weeds and such rubbish, refuse and dirt are hereby notified to attend a meeting of the City Council of Mill Valley to be held (give date), when their objections will be heard and given due consideration.
Dated this ______day of______, (year).
Said notices shall be posted at least five days prior to the time for hearing objections by the City Council of Mill Valley.
(Ord. 352 § 3, July 7, 1948)
At the time stated in the notices, the City Council shall hear and consider all objections or protests, if any, to the proposed removal of weeds, rubbish, refuse and dirt, and may continue the hearing from time to time. Upon the conclusion of said hearing, the City Council by motion or resolution shall allow or overrule any or all objections, whereupon the City Council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the City Council on the matter shall be deemed final and conclusive.
(Ord. 352 § 4, July 7, 1948)
After final action has been taken by the City Council on the disposition of any protests or objections, or in case no protests or objections have been received, the City Council, by motion or resolution, shall order the Street Supervisor or such other public officer as the City Council may designate, to abate said nuisance by having the weeds, rubbish, refuse and dirt referred to, removed, and he or she and his or her assistants or deputies are hereby authorized to enter upon private property for that purpose. Any property owner shall have the right to have any such weeds and rubbish, refuse and dirt removed at his or her own expense, providing the same is done prior to the arrival of the Street Supervisor or such other public officer so designated or his/her representatives to do the same.
(Ord. 352 § 5, July 7, 1948)
The Street Supervisor or such other public official so designated shall keep an account of the cost of abating such nuisance in front of each separate lot or parcel of land where the work is done by him or her or his/her deputies, and shall render an itemized report in writing to the City Council of the City showing the cost of removing such weeds, rubbish, refuse and dirt on each separate lot or in front thereof, or both; provided that before said report is submitted to said legislative body a copy of the same shall be posted for at least three days prior thereto on or near the chamber door of the City Hall of said City, together with a notice of the date when said report shall be submitted to the legislative body for confirmation.
(Ord. 352 § 6, July 7, 1948)
The City Council shall thereupon confirm said costs, if the same are fair and reasonable. The City Council shall cause a report to be made as of June 30th of each year to the City Assessor, which report shall show all parcels of property on or in front of which, or both, costs have been charged, and said report shall direct the City Assessor to enter said costs as a weed abatement tax against all of said respective parcels of real property, said entries to be made upon the assessment roll for the current fiscal year.
(Ord. 352 § 7, July 7, 1948)