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ORDINANCE NO. 61
AN ORDINANCE OF THE CITY OF ATASCADERO ADDING
CHAPTER 13 TO TITLE 6 OF THE ATASCADERO MUNICIPAL
CODE RELATING TO THE REMOVAL OF WEEDS, RUBBISH,
AND SIMILAR MATERIALS
The Council of the City of Atascadero ordains as follows:
Section 1. Chapter 13 of Title 6 is added to the Atascadero Munici-
pal Code to read as follows:
6-13 .01 . Chapter 13 . Removal of Weeds, Rubbish and Similar Materials.
Whenever the Fire Chief or his authorized representatives shall
find weeds, rubbish, or similar material upon any property, lands, or
lots in the City, which in his opinion is or may become a fire hazard,
he shall cause to be given to the owner of said property a notice to
remove such weeds, rubbish, or other material which may constitute a
fire hazard in the manner hereinafter provided in this part.
6-13.02. Definitions
The following words and phrases, when used in this part, shall be
defined as follows unless otherwise indicated:
(a) "Council" shall mean the City Council of the City.
(b) "Debris" shall mean waste matter, litter , trash, refuse , rub-
bish, dirt, dry grass, dead trees, tin cans, paper, waste
material of every kind, or other unsanitary substance, object,
or condition which is, or when dry may become a fire hazard,
or which is or may become a menace to health, safety, or wel-
fare, or which is offensive to the senses.
(c) "City" shall mean the City of Atascadero.
(d) "Fire Chief" shall mean the Fire Chief of the City or his
' authorized representative
(e) "Property" shall mean and include lands and/or lots.
(f) "Street" includes public streets, alleys, parkways, sidewalks,
and areas between sidewalks and curbs.
(g) "Weeds" shall mean any of the following:
(1) Weeds which, when mature, bear seeds of a downy or
wingy nature;
(2) Sagebrush, chaparral, and any other brush or weeds which
attain such large growth as to become , when dry, a fire
' menace to adjacent improved property;
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Ordinance No. 61
Page Two
(3) Weeds which are otherwise noxious or dangerous;
' (4) Poison oak and poison ivy which the conditions are such
as to constitute a menace to public health; and
(5) Dry grass, stubble, brush, litter, or other flammable
material which endangers the public safety by creating
a fire hazard.
6-13.03. Weeds and Debris a Public Nuisance
The City Council may declare, by resolution in accordance with
Sections 39561-39565 of the Government Code, that all weeds that are,
or may become a fire hazard upon or in front of private property to
the center line of adjoining streets in the City are public nuisances.
' Also, it shall be unlawful for any property owner in the City to cause
or permit any combustible debris or similar material to be or remain
on any real property in the City or on portions of streets adjoining
such real property to the center line of such streets. It shall be
the duty of every such person to remove and destroy such weeds and/or
debris. Destruction by burning within the City shall be unlawful un-
less the written permission of the Fire Chief is first obtained.
' 6-13.04 . Notice to Destroy or Remove Weeds and Debris
' In the event the person or persons owning, occupying, renting,
managing, or controlling any real property in the City shall fail to
remove therefrom and from the portions of streets adjoining such
t property all weeds and debris in accordance with the provisions of
this part, it shall be the duty of the Fire Chief or his authorized
representatives to notify such person or .persons to remove the same.
Such notice to be conspicuously posted on or in front of the property
on or in front of which the nuisance exists.
As an alternative to posting notice of the resolution and notice
of the meeting when objections will be heard, the City Council may di-
rect the City Clerk, in accordance with Section 39567 .1 of the Govern-
ment Code, 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 City Coun-
cil. The address of the owners shown on the assessment roll shall be
conclusively deemed to be the proper address for the purpose of mail-
ing such notice. Such notice shall be mailed at least fourteen (14)
days prior to the time fixed for hearing objections by the City Council.
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' Ordinance No. 61
Page Three
6-13 .05 . Form of Notice
' The notice shall be substantially in the following form:
NOTICE TO DESTROY WEEDS AND REMOVE
' RUBBISH, REFUSE, AND DIRT
Notice is hereby given that on the day of 19 ,
' the City Council passed a resolution declaring that noxious or dan-
gerous 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 Atascadero, and more par-
ticularly 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 par-
ticulars. 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 Atascadero to
' be held , when their objections will be heard
and given due consideration.
Dated this day of , 19
Fire Chief
City of Atascadero
6-13 .06 . Hearing of Objections
At the time stated in the notices, the Council shall hear and
consider all objections to the proposed removal of weeds, rubbish,
' debris, and similar material.
At the conclusion of the hearing, the Council shall allow or
' overrule any objections. At that time, the City acquires jurisdic-
tion to proceed and perform the work of abatement. The decision of
the Council is final
' 6-13.07 . Order to Abate Nuisance
If objections have not been made or after the Council has dis-
posed of those made, it shall order the Fire Chief to abate the
nuisance.
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Ordinance No. 61
Page Four
' 6-13.08. Destruction and Removal of Weeds and Debris by City
In the event the person or persons owning, occupying, renting
managing, or controlling real property in the City shall fail to re-
move or destroy weeds and debris in accordance with provisions of
this ordinance within ten (10) calendar days after the hearing of
objections and order to abate nuisance, it shall be the duty of the
Fire Chief and his deputies, assistants, employees, contracting agent,
or other representatives to destroy or remove such weeds and debris,
and they, and each of them, are hereby expressly authorized to enter
' upon private property for such purpose, and it shall be unlawful for
any person to interfer, hinder, or refuse to allow them to enter upon
private property for such purpose and to destroy or remove weeds and
' debris in accordance with the provisions of this part. Any person
owning, occupying, renting, managing, leasing, or controlling real
property in the City shall have the right to destroy or remove weeds
and debris, or have the same destroyed or removed at his own expense,
' at any time prior to the arrival of the Fire Chief or his authorized
representatives for such purpose.
6-13.09. Account and Report of Cost of Abatement
The Fire Chief shall keep an account of the cost of abatement on
or in front of each separate lot or parcel of land. He shall submit
' such itemized written report, showing such cost, to the Council for
confirmation. Such report shall refer to each separate lot or parcel
of land by description sufficiently reasonable to identify the same,
together with the expense proposed to be assessed against it, which
shall include charges sufficient to meet the administrative costs of
the program.
6-13.10 Notice of Report and Hearing
The City Clerk shall post a copy of such report and assessment
list on or near the door of the Council meeting room, together with
the notice of the filing thereof and of the time and place when and
where it will be submitted to the Council for hearing and confirma-
tion. The posting shall be for at least five (5) calendar days prior
to the submission to the Council.
6-13.11. Hearing of Report; Modification; Confirmation of Report
At the time and place fixed for receiving and considering the
report, the Council shall hear the same, together with any protests
or objections of the property owners liable to be assessed for the
abatement. Upon the conclusion of such hearing, the Council shall
then confirm the report by motion and the amount thereof shall consti-
tute a lein on the property assessed until paid. The confirmation of
the assessment by the Council shall be final and conclusive.
6-13.12. Report to Assessor and Tax Collector; Filing Copy of
, Report with County Auditor
A, certified copy of the report shall be filed with the County Au-
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Ordinance No. 61
' Page Five
' ditor on or before August 10th of each year for entry of such asses-
ments on the County Tax roll. In the event that the report cannot be
prepared in time for the County Auditor to enter the assessment on the
' next immediate tax roll, the certified copy may be filed with the
County Auditor before August 10th of the succeeding year.
6-13.13. Collection of Assessment; Penalties and Procedures for
' Foreclosure
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.
' Section 2. The City Clerk shall cause this ordinance to be pub-
lished once within fifteen (15) days after its passage in the Atasca-
dero News, a newspaper of general circulation, printed, published and
' circulated in this City in accordance with Section 36933 of the Gov-
ernment Code; shall certify the adoption of this ordinance; and shall
cause this ordinance and certification to be entered in the Book of
Ordinances of this City.
Section 3. This ordinance shall go into effect and be in full
force and effect at 12:01 a.m. on the thirty-first (31st) day after
' passage.
The foregoing ordinance was introduced on April 11, 1983
and adopted on April 25, 1983 by the following vote:
AYES: Councilmen Mackey, Stover, Wilkins and Mayor Nelson
' NOES: None
ABSENT: Councilman Molina 4k NeLl
' ROLFE NEL ON, Mayor
' ATTEST:
A• , Deputy City Clerk-
' APPROVED AS TO FORM: APPROVED AS TO CONTENT:
' ALLEN GRIMES, City Attorney WT
Y L. ARDEN, City Manager
t
CERTIFICATION
I, PATSY A. HESTER, Deputy City Clerk of the
City of Atascadero, hereby certify that the foregoing
is a true and correct copy of Ordinance No. 61
' adopted by the Atascadero City Council at a regular
meeting thereof held on April 25, 1983
' Dated: April 27, 1983
' PATSY Al HESTER, Deputy GiIty Clerk
City o Atascadero, California