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J. Weeds and Debris. "Weeds," as used in this chapter, means all weeds or plant materials growing upon streets, sidewalks, or private property which meets one of the following:
1. Bears seeds of a winged or downy nature;
Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent properties;
3. Weeds and grasses allowed to grow unkempt or over eight inches in height;
4. Weeds which are otherwise noxious or dangerous;
5. Dry grass, stubble, brush, litter, or other flammable material which endangers the public health or safety by creating a fire hazard or vermin harborage.
K. Graffiti. The unauthorized inscribing, spraying or markings of ink, chalk, dye or other similar substances on public or private buildings, structures and places within the city is a public nuisance. (Ord. 676 § 1, 1991; Ord. 616 5 1, 1985; Ord. 487 § 1, 1977)
8.28.020 Enforcement authority.
Any officer or employee of the city shall have the right to enter upon property for the purpose of enforcing this chapter.
(Ord. 487 § 2, 1977)
8.28.030 Notice to abate-Required.
Upon determination that a public nuisance exists, as defined in Section 8.28.010, on any lot or premises, or upon any sidewalk, parking or street adjacent to such lot or premises, an authorized employee of the city shall cause a notice to be issued to the proper person or persons to abate such nuisance. (Ord. 487 § 3, 1977)
8.28.040 Notice to abate-Form and contents.
The notice required by Section 8.28.030 shall be headed: "Notice of Public Nuisance," in legible characters, direct the abatement of the nuisance, referring to this chapter for particulars. Notices may be served by posting the property or by other methods specified in Section 8.28.050. If notice is given by a means other than posting of the property then such notice shall contain a description of the property in general terms, reasonably identifying the site and the location of the nuisance.
(Ord. 616 § 2, 1985: Ord. 487 § 4, 1977)
8.28.050 Notice to abate-Service.
The notice required by Section 8.28.040 may be served in any of the following methods:
A. By personal service on the owner, occupant or person in charge or control of the property; B. By posting at a conspicuous place on the land or premises or the abutting public right-of-way; c. By sending a copy of such notice by certified mail to the owner of the property as the owner may appear upon the last assessment roll in the county assessor's office of Riverside County; Created: 2821-10-13 08:35:45 [EST]
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D. If the council finds that the problem is of a seasonal or recurrent nature and the property owner has been duly noticed as described in subsections A, B, or C above within the last eighteen months, then notice can be made by postcard as described in Health and Safety Code Section 14900.6. (Ord. 616 § 3, 1985: Ord. 487 9 5, 1977)
8.28.060 Appeal and hearing.
Within ten days from the date of posting or receipt of notice, the owner or person occupying or controlling the property may appeal to the city manager. Such appeal shall be in writing and accompanied by such fee as may be set by resolution of the city council. If the appellant disagrees with the determination of the city manager he may file a written appeal to the city council with the city clerk. Such appeal from the city manager's determination must be made within ten days from the date of the determination and shall be accompanied by such fee as may be required by council resolution.
(Ord. 616 § 4, 1985: Ord. 487 § 6, 1977)
8.28.070 Abatement-By owner.
Any nuisance found by the city council to be such under this chapter shall be abated by the owner, his agent or the occupier of the premises forthwith, or as soon thereafter as practicable, after the order to abate becomes final, but in no case more than ten days after said final order. (Ord. 487 § 7, 1977)
8.28.080 Abatement-By city.
If the owner fails or neglects to remove or otherwise take action to abate a nuisance, as defined in Section
8.28.010, within the time specified in Section 8.28.070, the city, through the city employees authorized, shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. If the city council, by resolution, declares that the elimination of specific items of public nuisance is of benefit to all citizens of the city and appropriates or sets aside funds for same, the city may, upon receiving written permission of the land owner or his agent, abate fully or participate in the abatement of those so specified public nuisances. 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.
(Ord. 676 § 2, 1991: Ord. 487 § 8, 1977)
8.28.084 Seasonal and recurrent nuisances.
If a property continues to accumulate debris or weeds on a biennial basis the council may declare that it has a seasonal and recurrent problem. If the property has been duly noticed in the preceding eighteen months then a postcard notification shall be deemed to be sufficient notice prior to commencement of city clean-up procedures under Section 8.28.080.
(Ord. 616 $ 5, 1985)
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8.28.090 Assessment of costs-Hearing-Notice.
The city clerk shall set the report and account required by Section 8.28.080 for hearing by the city council at the first regular meeting which will be held at least seven calendar days after the date of filing, and shall post a copy of the report and account, and notice of the time and place of hearing, in a conspicuous place in or near the entrance of the city hall. The owner who is affected by such report and account, or the person occupying or controlling such lot or premises, shall be sent a notice advising him of the date, time and place of the hearing and the notice shall be served as provided for in this chapter. (Ord. 487 § 9, 1977)
8.28.100 Assessment of costs-Hearing-Procedure.
The city council shall consider the report and account provided for in Section 8.28.070 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 approve the report and account, either as submitted or as modified or corrected. The amounts so approved shall be liens upon the respective lots or premises. The city council shall adopt a resolution assessing the amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll, before the determination that a public nuisance exists. (Ord. 487 § 10, 1977)
8.28.110 Assessment of costs-Recording of resolution.
The city clerk shall prepare and file with the county auditor of the county of Riverside a certified copy of the resolution of the city council provided for in Section 8.28.100. (Ord. 487 § 11, 1977)
8.28.120 Assessment of costs-Payment prior to hearing.
The finance department of the city may accept payment of any amount due at any time prior to the city council hearing, as called for in Section 8.28.090.
(Ord. 487 § 12, 1977)
8.28.130 Assessment of costs-Collection.
The provisions of Sections 38773.5 and 39580 to 39585, inclusive, of the Government Code, as they exist and as they may be subsequently amended, 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 procedures of foreclosure and sale as is provided for ordinary municipal taxes.
(Ord. 487 § 13, 1977)
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8.28.140 Assessment of costs— Right of city to bring legal action.
In addition to the remedies set forth in Sections 8.28.090 through 8.28.130, the city council is authorized to bring a legal action in a court of competent jurisdiction for the recovery of any monies expended by it in order to abate a nuisance as set forth in this chapter. Before the bringing of the action, the notice and procedure, as contained in Sections 8.28.030 through 8.28.120, shall be complied with and the amount set forth in the report as contained in Section 8.28.080 shall be deemed a debt owing by the owner of the property to the city. In the event that legal action is brought by the city against the property owner, reasonable attorney's fees and costs shall constitute a debt owing by the property owner to the city. After the action is brought and the service of the summons and complaint has been made upon the property owner and a judgment has been obtained by the city against the property owner, the city may enforce the judgment by execution and sale, in accordance with the procedure set forth by law for the enforcement of judgments. The judgments shall bear interest at the rate of seven percent per year from the time that the report is filed, as set forth in Section 8.28.120, and shall include reasonable attorney's fees and costs of suit. The remedy as set forth in this section shall be nonexclusive and the city may pursue any or all of the remedies as contained in this chapter for the enforcement of this chapter. (Ord. 487 § 15, 1977)
8.28.150 Penalty for violation.
The owner, occupant, or agent of any lot or premises within the city who permits or allows the existence of a public nuisance, as defined in Section 8.28.010, upon any lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this chapter, is guilty of an infraction and, upon conviction thereof, shall be subject to a fine of one hundred dollars.
(Ord. 487 § 14, 1977)
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REPORTS
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PUBLIC
COMMENT
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ADJOURN
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