is defined for the purpose of this chapter as unused or discarded
matter having no substantial market value, which is exposed to the
elements and is not enclosed in any structure or otherwise concealed
from public view, upon streets, sidewalks, or private property in
the city which consists (without limitation or exclusion by enumeration)
of such matter and material as:
(Ord. 9 § 3, 1977; Ord. 338 § 1, 2004)
A.
All
weeds, dry grasses, dead shrubs, dead trees, stubble, brush, sagebrush,
chaparral, weeds which bear seeds of a wingy or downy nature, and
any other brush or weeds which by reason of their size, manner of
growth, and location constitute a fire hazard to any building, improvements,
crops or other property, and weeds and grasses which, when dry, will
in reasonable probability endanger the public safety by creating a
fire or other safety hazard, any of which are growing on the streets,
sidewalks, or private property in the city are declared to be a public
nuisance.
B.
Poison
oak and poison ivy when conditions of growth are such as to constitute
a menace to public safety, and weeds which are otherwise noxious or
dangerous and a hazard to public safety, growing on the streets, sidewalks
or private property in the city are declared to be a public nuisance.
C.
Any
rubbish, litter, refuse, flammable material, or any material growing
upon the streets, sidewalks, or upon private property within the city
that constitute a fire or safety hazard, are declared to be a public
nuisance.
D.
Cultivated
and useful grasses and pastures shall not be declared a public nuisance.
However, if the fire chief or his or her authorized representative
determines it necessary to protect adjacent improved property from
fire exposure, an adequate firebreak may be required.
(Ord. 9 § 1, 1977; Ord. 338 § 1, 2004)
Waste matter as defined in Section 8.08.010, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors and the public, or which would materially hamper or interfere with the prevention or suppression of fire, create a safety hazard, or hamper the abatement of a nuisance upon the premises, as defined by Section 8.08.020, is declared a public nuisance.
(Ord. 9 § 2, 1977; Ord. 338 § 1, 2004)
If it is determined that a public nuisance, as defined in this
chapter, exists on any lot or premise, or upon any sidewalk, parking
or street adjacent to such lot or premise, the chief of the fire department
shall cause a notice to be issued to abate such nuisance. Such notice
shall be headed: "NOTICE TO CLEAN PREMISES" in letters not less than
one inch in length and which shall, in legible characters, direct
the abatement of the nuisance and refer to this chapter for particulars.
Notices served by means other than posting as provided by this chapter
shall contain a description of the property in general terms reasonably
sufficient to identify the location of the nuisance.
(Ord. 9 § 4, 1977)
The notice required by Section 8.08.040 may be served in any of the following manners:
A.
By personal
service on the owner, occupant or person in charge or control of the
property;
B.
By regular
mail addressed to the owner or person in charge and control of the
property, at the address shown on the last available assessment roll,
or as otherwise known;
C.
By posting
at a conspicuous place on the land or abutting public right-of-way
and insertion of an advertisement at least once a week for the period
of two weeks in a newspaper of general circulation in the city. Said
newspaper advertisement shall be a general notice that property in
the city has been posted in accordance with this chapter and contains
a general statement of the effect of such postings. The date of such
newspaper advertisements shall not be considered in computing the
appeal periods provided by this chapter.
(Ord. 9 § 5, 1977)
Within ten days from the date of posting, mailing or personal
service of the required notice, the owner or person occupying or controlling
such lot or premises affected may appeal to the city council. Such
appeal shall be in writing and shall be filed with the city clerk.
At the regular meeting or regular adjourned meeting of the city council,
not less than five days nor more than twenty days thereafter, it shall
proceed to hear and pass upon such appeal, and the decision of the
city council thereupon shall be final and conclusive.
(Ord. 9 § 6, 1977)
It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premises in the city, within ten days from the date of notification as provided in Section 8.08.050, or in case of an appeal to the city council, within ten days from the determination thereof, unless the same is sustained, to remove the nuisance as stated.
(Ord. 9 § 7, 1977)
If the owner fails or neglects to remove the nuisance as defined
in this chapter within the time specified in this chapter, the chief
of the fire department shall cause such nuisance to be abated. The
abatement work may be done by city crews or by private contractor.
A report of the proceedings and an accurate account of the cost of
abating the nuisance on each separate property shall be filed with
the city council. Notice of the public hearing shall be mailed to
the owners along with bill for abatement work accomplished.
(Ord. 9 § 8, 1977)
The city clerk shall thereupon set the report and account for
hearing by the city council at the first regular or adjourned meeting
which will be held at least seven calendar days after the date of
filing, and shall post a copy of said report and account and notice
of the time and place of hearing in a conspicuous place at or near
the entrance of the city administration center.
(Ord. 9 § 9, 1977)
The city council shall consider the report and account at the
time set for hearing, together with any objections or protests by
any interested parties. Any owner of land or person interested therein
may present a written or oral protest or objection to the report and
account. At the conclusion of the hearing, the city council shall
either approve the report and account as submitted, or as modified
or corrected by the city council. The amounts so approved shall be
liens upon the respective lots or premises, and the city council shall
adopt a resolution assessing said amounts as liens upon the respective
parcels of land as they are shown upon the last available assessment
roll, and determining that such weeds, grasses, dead trees, dead shrubs,
and waste matter constitute a public nuisance.
(Ord. 9 § 10, 1977)
The city clerk shall prepare and file with the county auditor
of the county a certified copy of the said resolution of the city
council.
(Ord. 9 § 11, 1977)
The city treasurer may accept payment of any amount due at any time prior to the city council hearing, as called for in Section 8.08.090. Persons whose bills have been adjusted as a result of a public hearing have thirty days in which to either pay the bill or amount due will become a lien on their taxes.
(Ord. 9 § 12, 1977)
The provisions of Section 39580 to 39585, inclusive, of the
Government Code are incorporated by reference and made a part of this
chapter. The county auditor shall enter each assessment in the county
tax roll
opposite the parcel of land. The amount of the assessment shall
be collected at the time and in the manner of ordinary municipal taxes;
and, if delinquent, the amount is subject to the same penalties and
procedure of foreclosure and sale as is provided for ordinary municipal
taxes.
(Ord. 9 § 13, 1977)
Where discretion is given in this chapter to determine a public
nuisance or reasonable probability thereof or any material question
of fact raised in this chapter, that discretion shall lie with the
fire chief or his or her designee.
(Ord. 338 § 2, 2004)
The maintenance of premises so as to constitute a nuisance under the terms of this chapter is declared to be a violation of this code punishable as described in Chapter 1.12 of this code.
(Ord. 338 § 2, 2004)
