[1]
For statutory provisions authorizing cities to compel property owners or occupants to remove weeds, see Government Code § 39501 et seq.
Weeds, dry grass, rubbish, other inflammable material or vegetation, weeds bearing seeds of a wingy or downy nature or which attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, growing or remaining on any lot, piece or parcel of land within the city, or upon any public street, alley or sidewalk adjacent thereto, after the first day of June of each year, is declared to be a public nuisance.
(Code 1961 § 10-21)
Whenever the public works director of the city finds any dry grass, weeds, dead trees, rubbish, paper, refuse or waste material of any kind, or other unsanitary substance, object or condition in or upon 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, public welfare or obstruct such sidewalks, parkways or alleys and thereby endanger or injure persons traveling thereon, he shall give or cause to be given, notice to remove such dry grass, weeds, dead trees, rubbish, paper, refuse or waste material of any kind, or other unsanitary substance, object or condition. Such notice shall be in writing, signed by the director of public works. The heading of the notice shall be "Notice to Destroy Weeds and Remove Fire Hazards" in letters not less than one inch in height, and the notice shall be substantially in the following form:
NOTICE TO DESTROY WEEDS AND REMOVE FIRE HAZARDS
Notice is hereby given that on the _______ day of _________________, 20______, the City Council 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 were upon or in front of property on this street, in the City of Fortuna, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse and dirt. 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, rubbish, refuse and dirt 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.
All property owners having any objections to the proposed removal of the weeds, rubbish, refuse and dirt are hereby notified to attend a meeting of the City Council of the City of Fortuna, to be held on ____________________, at ______p.m., when their objections will be heard and given due consideration. Except as otherwise provided for at the above-referenced city council meeting, the city will commence abating the above-described public nuisance five (5) days after said city council meeting on those parcels that have not abated the public nuisance.
Dated this ______day of ____________, 20_____.
_________________________________
Public Works Director, City of Fortuna
(Ord. 89-534 § 2)
A. 
After passage of the resolution referred to in FMC § 8.20.020, the public works director shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He shall post:
1. 
One notice to each separately owned parcel of property of not over 50-foot frontage;
2. 
Not more than two notices to any such parcel of 100-foot frontage or less;
3. 
Notices at not more than 100 feet apart if the frontage of such a parcel is greater than 100 feet.
B. 
The notices shall be posted at least five days prior to the time for hearing objections by the city council.
(Ord. 89-534 § 2)
A. 
As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the legislative body may direct the city clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The city clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the legislative body.
B. 
If the county assessor is to perform the functions of the city assessor, the county assessor, at the request of the city clerk, shall within 10 days thereafter mail to the city clerk a list of the names and addresses of all of the persons owning property described in the resolution. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The city shall reimburse the county for the actual costs of furnishing such list and the cost shall be a part of the costs of abatement.
C. 
The notices mailed by the city clerk shall be mailed at least five days prior to the time for hearing objections by the city council.
D. 
The notices mailed by the city clerk shall be substantially in the form provided by FMC § 8.20.020, except that notices shall be signed by the city clerk, and the heading of the notice need not comply with FMC § 8.20.020.
(Ord. 89-534 § 2)
If any person given the notice provided for in FMC § 8.20.021 and § 8.20.022 fails to comply therewith within the time therein provided or as extended by the city council, it shall be the duty of the public works director to cause to be removed all such dry grass, weeds, dead trees, rubbish, paper, refuse and waste material of every kind, and every other unsanitary substance, object and condition therefrom.
(Ord. 89-534 § 2)
The director of public works shall keep an account of the costs of abating such nuisances as provided in FMC § 8.20.030 on each piece of property liable for the expenses thereof, and present an itemized written report to the city council for confirmation of such costs, which shall be a claim therefor against the city, which claim shall be payable out of the general fund of the city. A copy of such claim shall also be served upon the owner of the property referred to herein. A copy of said report shall also be placed on file with the city clerk.
(Ord. 89-534 § 2)
A copy of the report referred to in FMC § 8.20.040 shall be posted for at least three days prior to its submission to the city council on or near the chambers door of the city council, with a notice of the time of submission.
Within 10 days after the filing of the report referred to in FMC § 8.20.040, the public works department shall cause to be published in a newspaper of general circulation of the city, a notice substantially in the following form:
NOTICE
EQUALIZATION OF WEED REMOVAL, NUISANCE ABATEMENT AND
CLEANING ASSESSMENTS
NOTICE IS HEREBY GIVEN that the City Council of the City of Fortuna, California, will on the _______ day of ____________, 20______, in the Council Chambers in the City Hall of the said City, beginning at the hour of _________p.m. of the said day, hear any protests or objections by those property owners liable to be assessed for weed and nuisance abatement, and the failure to make any objection thereto will be deemed a waiver of the same.
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 the City of Fortuna and is open to public inspection.
Dated this ______day of ____________, 20_____.
_________________________________
City Clerk
(Ord. 89-534 § 2)
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 accord with FMC § 8.20.041. The city clerk shall present to the city council all protests so filed with him. 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 10 days from the date of publication of the notice, may modify or correct an assessment which, in their opinion, is excessive or otherwise incorrect. If no corrections or modifications are made, the assessments shall be confirmed by motion or resolution of the city council 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 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.
(Ord. 89-534 § 2)
If the claim is not previously paid, the collector of taxes for the city shall note upon the tax bills a statement of the amount of such claim, and such claim, upon recordation, shall constitute a lien on such property and shall be collected in the manner as all other property taxes are collected; provided, however, that the city may, by proper action, foreclose such lien by a suit or otherwise; and provided further, that the expense of abating such nuisance shall constitute a personal obligation against the owner of such property.
(Code 1961 § 10-25; Ord. 78-406 §§ 1, 2)
A certified copy of the report referred to in FMC § 8.20.040 shall be filed 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.
(Ord. 89-534 § 2)