As used in this chapter:
"Owner"
means any person owning property, as shown on the last equalized assessment roll for city taxes or the lessee, tenant or other person having charge or possession of the property.
"Person"
means any individual, partnership, corporation, association or other organization, however formed.
"Property"
means all real property, including, but not limited to, front yards, side yards, back yards, driveways, walkways, sidewalks, parkway strips, curbs, the area between the back of the sidewalk and the property line, and parking lots, and shall include any building located on such property.
"Refuse"
means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including, but not limited to, paper, wrappings, cardboard, tin cans, yard clippings, leaves, wood, dry grass, bedding, crockery and similar materials.
"Weeds"
shall have the definition in Government Code Section 39561.5, as it may be amended.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
No owner having charge or control of any property within the jurisdictional area of the city of Dublin shall permit weeds and/or refuse to remain or accumulate upon said property or upon public sidewalks or streets between said property and the center line of any public street.
Every property owner shall destroy or remove such weeds, and remove or cause to be removed such refuse from his/her property and from the abutting half of any street or alley between the lot lines as extended.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
Whenever any such weeds are growing upon any property or properties within the jurisdictional area of the city of Dublin or refuse shall accumulate upon property or upon public sidewalks or streets between property and the center line of any public street, the City Council may pass a resolution declaring the same to be a public nuisance, and order the City Manager or his/her designee to give notice of the passage of such resolution by posting and publication in the same manner and for the time as set forth in Section 5.70.090, and stating therein that, unless such nuisance be abated without delay by the destruction or removal of such weeds and refuse, the work of abating such nuisance will be done by the city of Dublin, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds and refuse shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds and refuse.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
The notice shall be substantially in the following form:
NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE
NOTICE IS HEREBY GIVEN that on ____________________ pursuant to the provisions of Section 5.70.030 or Chapter 5.70 of the Municipal Code of the City of Dublin, the City Council of the City of Dublin passed a resolution declaring that all weeds and/or refuse, as the same are defined in Section 5.70.010 of the Municipal Code of the City of Dublin, growing or accumulating upon any private property or in any public street or alley, constitute or constitutes a public nuisance, and that such nuisance must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall, without delay, remove or cause to be removed all such weeds and refuse from their property, and from the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed and removed and such refuse will be removed and such nuisance or nuisances created thereby abated by the City of Dublin, in which case the costs of such destruction and/or removal will be assessed upon the lots and lands from which, or from the front or rear of which such weeds and accumulation of refuse, have been destroyed or removed; and such costs will constitute a special assessment upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds and/or refuse are hereby notified to attend a meeting of the City Council of the City of Dublin to be held at City Hall on ____________________, at _______ o’clock p.m., when and where their objections will be heard and be given due consideration.
Dated: This ________ day of ________________, 20 ___.
City Manager
City of Dublin
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
At the time stated in the notice, the City Council shall hear and consider any and all objections to the proposed destruction or removal of such weeds and/or refuse, and may continue the hearing from time to time. The City Council by motion or resolution shall allow or overrule any and all objections, if any, after which the City Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction or removal of the weeds and refuse.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
The Council shall by resolution order the City Manager and his/her designee to abate such nuisance, or cause the same to be abated, by having the weeds and/or refuse referred to removed or destroyed by cutting, discing, chemical spraying or any other method as may be determined by the City Council. The City Manager and his/her assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property for such purposes. Any property owner shall have the right to destroy or remove such weeds and remove refuse himself/herself, or have the same destroyed or removed at his/her own expense; provided, that such weeds and/or refuse shall have been removed prior to the arrival of the City Manager or his/her authorized representatives to remove them.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
Prior to abatement of the nuisance, the City Manager or his/her designee shall give notice to the owner of the property that the nuisance shall be abated by the city unless it is abated by the owner prior to the scheduled date of abatement by the city. The notice shall specify the scheduled date(s) of abatement, which shall be at least ten (10) calendar days following the date notice is given. Notice shall be given by at least one (1) of the following methods:
A. 
Posting on the property.
B. 
Mailing notice to the owner at the owner's address as shown on the last equalized assessment roll, provided if mailed notice is given five (5) days shall be added to the time specified above for such mailed notice.
Any owner shall have the right to abate the nuisance at his/her own expense prior to the abatement by the city.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
The City Manager or his/her designee shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the City Council which shall be filed with the City Clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
The City Clerk shall post copies of such report and assessment on the bulletin boards at the Dublin Civic Center together with a notice of the filing thereof and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation in accordance with California Government Code Section 6062a, circulated within the city of Dublin. The posting and first publication of the notice shall be made and completed at least ten (10) days before the time such report shall have been submitted to the City Council. Such notice, as so posted and published, shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED AND REFUSE ABATEMENT
NOTICE IS HEREBY GIVEN that on ____________________ the City Manager filed with the City Clerk a report and assessment on abatement of weeds and refuse within the City of Dublin, copies of which are posted on the bulletin boards at the Dublin Civic Center.
NOTICE IS FURTHER GIVEN that on _______________ at the hour of ______o’clock p.m., at __________________ City Hall, said report and assessment list shall be presented to the City Council of the City of Dublin for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.
DATED: This ___________ day of ___________, 20___.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
At the time and place fixed for receiving and considering such report, the City Clerk shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance, and the City Manager shall attend such meeting with his/her record thereof, and upon such hearing, the Council may make such modifications in the proposed assessment therefor as it may deem necessary, after which such report and assessment list shall be confirmed by resolution.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))
The remedy provided for in this chapter to secure the removal and/or destruction of weeds and refuse is hereby declared to be additional or alternative to any other remedy provided by law.
(Ord. 13-97 § 1 (part); Ord. 29-08 § 1 (part))