Staff Analysis: The existing/proposed carport structure is built using high quality, durable materials including four 6-foot by 6-foot steel support posts and wood framing.
3. Consider neighborhood impacts if the request involves a parking accommodation (consider on-street parking impacts).
Staff Analysis: The existing/proposed carport structure will provide covered parking over an existing paved area already used for off-street parking. The project will have no impact on on-street parking.
4. Minimize impacts to the neighborhood to the greatest extent possible, while considering the individual needs of the accommodation request.
Staff Analysis: The unpermitted carport structure is currently located 3 feet, 11 inches from the interior side property line (where a minimum five foot setback is required). Staff is recommending the structure be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The modified carport structure would still requires a reasonable accommodation to reduce the aggregate setback requirement of the property from 15 feet to 12 feet, 9 inches, however, there would be reduced impacts to surrounding properties. Finally, the carport structure is located approximately 78 feet back from Byron Court and is not highly visible from the street due to the angle of the house and property line. Therefore, the structure will not have a negative aesthetic impact from the adjacent right-of-way.
5. Determine if the proposed accommodation can feasibly be removed when the occupant requesting the accommodation no longer resides on the property. If removal is feasible, the reasonable accommodation may be conditioned to be removed in the future and an appropriate method of ensuring the property owner's responsibility for removal can be included in conditions of approval and/or a deed restriction.
Staff Analysis: The existing/proposed carport structure can feasibly be removed since it has no structural bearing on the primary structure.
Item 10.1
City Council Meeting Agenda - Page 92 of 230 - Monday, June 16, 2025 Item 9.4
City Council Meeting Agenda - Page 149 of 184 - Monday, August 04, 2025 Item 10.1
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City Council Meeting Agenda - Page 156 of 184 - Monday, August 04, 2025
CITY OF PLEASANT HILL
NOTICE
OF
PUBLIC HEARING
CITY COUNCIL
APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE THE LEVESQUE REASONABLE ACCOMMODATION (ENT-2023-0058)
135 BYRON COURT
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council will conduct a public hearing to consider an appeal, submitted by Jim and Juliana Levesque (property owners), of the Planning Commission’s decision to approve a Reasonable Accommodate request (ENT-2023-0058) to legalize a recently constructed carport structure (constructed without permits),to serve as covered parking for a disabled person that resides at 135 Byron Court. The Planning Commission approved a reasonable accommodation allowing the carport structure to encroach into the required 15-foot aggregate side setback, but required the property owners to reduce the width of the nonpermitted carport structure to comply with the minimum 5-foot side setback requirement and reduce the roof area of the structure to comply with the maximum 30-percent lot coverage requirement. The applicant filed a timely appeal of the Planning Commission’s decision and is requesting the carport be allowed to encroach into the 5-foot side setback area as currently built. The 0.31-acre project site is zoned Single Family R10. Assessor Parcel No. 149-195-011 This item was continued by the City Council at the March 3, 2025 meeting. Since then, the applicant has expanded their Reasonable Accommodation request to also exceed the maximum allowable lot coverage for the site from 30-percent to 30.4-percent to accommodate the non-conforming carport structure as-built.
Pursuant to Section 15301 and 15303 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) the project is determined to be categorically exempt, (Class 1 – Existing Facilities and Class 3 –New construction or conversion of small structures) because the project consists of an alteration to an existing single-family home and the construction of an attached carport structure which will not have a significant impact on the environment.
A PUBLIC HEARING will be held by the CITY COUNCIL starting at 7:00 p.m. on MONDAY, JUNE 16, 2025, in the City Council Chambers, 100 Gregory Lane, Pleasant Hill. Interested persons will be heard at this time.
NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at the Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing.
For information, contact Haley Croffoot, Senior Planner at (925) 671-5297 or e-mail at [email protected]
Troy Fujimoto
Zoning Administrator
Item 10.1
City Council Meeting Agenda - Page 100 of 230 - Monday, June 16, 2025 Item 9.4
City Council Meeting Agenda - Page 157 of 184 - Monday, August 04, 2025 Item 10.1
City Council Meeting Agenda - Page 101 of 230 - Monday, June 16, 2025 Item 9.4
City Council Meeting Agenda - Page 158 of 184 - Monday, August 04, 2025
CITY OF PLEASANT HILL
NOTICE
OF
PUBLIC HEARING
CITY COUNCIL
APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE THE LEVESQUE REASONABLE ACCOMMODATION (ENT-2023-0058)
135 BYRON COURT
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council will conduct a continued public hearing to consider an appeal, submitted by Jim and Juliana Levesque (property owners), of the Planning Commission’s decision to approve a Reasonable Accommodate request (ENT-2023-0058) to legalize a recently constructed carport structure (constructed without permits), to serve as covered parking for a disabled resident at 135 Byron Court. The Planning Commission approved a reasonable accommodation allowing the carport structure to encroach into the required 15-foot aggregate side setback, but required the property owners to reduce the width of the nonpermitted carport structure to comply with the minimum 5-foot side setback requirement and reduce the roof area of the structure to comply with the maximum 30-percent lot coverage requirement. The applicant filed a timely appeal of the Planning Commission’s decision and is requesting the carport be allowed to encroach into the 5-foot side setback area as currently built. The applicant subsequently expanded their Reasonable Accommodation request to also exceed the maximum allowable lot coverage for the site from 30-percent to 30.4-percent to accommodate the non-conforming carport structure as-built. The 0.31-acre project site is zoned Single Family R10. Assessor Parcel No. 149-195-011
This item was continued by the City Council at the June 16, 2025 meeting where the Council directed Staff to amend the proposed resolution to include findings supporting the Reasonable Accommodation request to reduce the minimum 5-foot required setback to 3-foot, 11 inches to accommodate the as-built carport posts, and condition the project to comply with the required lot coverage requirements.
Pursuant to Section 15301 and 15303 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) the project is determined to be categorically exempt, (Class 1 – Existing Facilities and Class 3 –New construction or conversion of small structures) because the project includes an alteration to an existing singlefamily home and the construction of an attached carport which will not have a significant impact on the environment.
A PUBLIC HEARING will be held by the CITY COUNCIL starting at 7:00 p.m. on MONDAY, AUGUST 4, 2025, in the City Council Chambers, 100 Gregory Lane, Pleasant Hill. Interested persons will be heard at this time.
NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at the Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing.
For information, contact Haley Croffoot, Senior Planner at (925) 671-5297 or e-mail at [email protected] Troy Fujimoto
Zoning Administrator
Item 9.4
City Council Meeting Agenda - Page 159 of 184 - Monday, August 04, 2025 Item 9.4
City Council Meeting Agenda - Page 160 of 184 - Monday, August 04, 2025
CITY COUNCIL STAFF REPORT
Meeting Date: August 4, 2025Click or tap here to enter text.
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: ADOPT RESOLUTION NO. __ - 25 DECLARING A PUBLIC NUISANCE DUE
TO THE PRESENCE OF WEEDS AND ORDERING THE ABATEMENT OF
SAME ON THE PROPERTY LOCATED AT 319 GLORIA DRIVE
SYNOPSIS
Pursuant to Pleasant Hill Municipal Code (PHMC) section 7.45.050, this is a public hearing for the City Council to consider declaring a public nuisance and ordering the abatement of extensive weed growth at 319 Gloria Drive. City Code Enforcement (CE) learned of the conditions onsite in April 2023 through an anonymous complaint. CE staff has issued five formal written notices, two administrative citations, and a notice regarding this hearing to the property owner, who has taken no action to date to address conditions onsite. Staff is requesting the City Council adopt the resolution, declare a public nuisance, and order an abatement.
DISCUSSION
Property Information
The property is located on the south side of Gloria Drive abutting 313 and 325 Gloria Drive and adjacent to the single-family residential lots at 312, 318, and 324 Belva Lane. The 7,300-sq-ft lot is developed with a 1,484-sq-ft single-family residence with a 360-sq-ft garage.
Item 10.1
City Council Meeting Agenda - Page 161 of 184 - Monday, August 04, 2025 Background
The City received multiple complaints in April 2023 about overgrown weeds at 319 Gloria Drive that were unsightly and a potential fire hazard. In accordance with Pleasant Hill Municipal Code (PHMC) section 7.05.070 (Determination of Nuisance – Notice to Abate), a notice to abate or show cause was first issued per required provisions, including certified mail on-site public posting.
The notice was returned to the City as “Unclaimed” after multiple unsuccessful attempted deliveries by the United States Postal Service (USPS). A second notice was sent with the same unclaimed status.
Code Enforcement (CE) staff followed up and reinspected the property and noted its condition had remained unchanged and continued to pose a potential hazard. As allowed per the PHMC, staff issued an administrative citation for $100. After a subsequent reinspection, CE staff issued a second administrative citation for $200 for lack of compliance. CE Staff was notified that the property owner’s payment for the administrative citation was returned by the bank.
CE staff conducted a second re-inspection and noted the property remained in violation. In response to the ongoing violation, CE staff issued a courtesy notice to the property owner noting that staff would now seek a court-ordered warrant abatement. However, as the rainy season arrived, the exigence to abate was minimized, though CE staff continued to monitor the property monthly and update file photos.
After the rainy season, the City received renewed complaints about the tall weeds onsite. Rather than pursue a court-ordered warrant, staff determined it would be more cost effective to adopt a new ordinance similar to the County Fire District, which notifies property owners of violations and assigns a deadline for compliance. If a deadline expires, County Fire abates the nuisance, and records the cost of the abatement against the property’s tax rolls as a special assessment.
This ordinance (No. 973) was adopted by the City Council on December 2, 2024.
Subsequently after another rainy season, in April 2025, the City received the same complaint about the property. In accordance with the new ordinance, the City issued two notices to abate or show cause in the same previous manner with similar unsuccessful results. As a result of continued noncompliance, on July 28, 2025, CE staff issued notice of this hearing to the property owner via regular and certified mail and posted the notice in a conspicuous place on the property.
Based on the continued noncompliance to address the hazardous and unsightly weed condition, CE staff requests City Council’s approval to abate and resolve the issue.
Violation Description
The property owner has allowed the proliferation of overgrown weeds onsite at 319 Gloria Drive since at least April 2023. The existing condition poses a health and safety risk and fire hazard in violation of the Pleasant Hill Municipal Code.
Findings
Despite CE staff’s numerous attempts at outreach, the property owner has taken no action to contact CE staff to discuss the merits of the case, bring the property into compliance, or seek redress from code enforcement actions. However, as noted, the property owner did attempt to Item 10.1
City Council Meeting Agenda - Page 162 of 184 - Monday, August 04, 2025 pay one of the two administrative citations issued in June 2023, which serves as prima facie evidence that the property owner was aware of the violation.
Other Requirements
Pursuant to PHMC section 7.45.090, a property owner may object to the proposed declaration of public nuisance and removal of weeds, rubbish, refuse, and dirt from the property during the public hearing on the matter. In accordance with PHMC sections 7.45.070 and 7.45.080, CE staff sent notice of this hearing via regular and certified mail to the property owner at the last known address, as shown on the assessment roll of the city, and conspicuously posted notice onsite at 319 Gloria Drive.
If the property owner appears before the City Council to appeal the notice, as set forth in PHMC section 7.45.090, the City Council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. Where appropriate, the reviewing authority may condition its approval on any or all of the following:
a. The City Council may continue the hearing from time to time. b. The City Council may adopt the resolution, declare a public nuisance and order an abatement.
c. Other conditions necessary to protect the public health, safety and welfare. d. The decision of the City Council is final.
Next Steps
If the City Council declares a public nuisance and authorizes staff to abate, staff will move forward with the abatement at 319 Gloria Drive, after which an invoice will be sent to the property owner for the cost of abatement. If the invoice is not paid within 30 days of notice, pursuant to PHMC section 7.45.140, CE staff will return to the City Council to request approval to place a lien against the property for the cost of abatement via county tax rolls.
FISCAL IMPACT
None. Any funds expended on abatement would be recovered via invoice payment or property lien recorded on the county tax rolls.
PUBLIC CONTACT
Public Contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the Resolution to Declare a Public Nuisance and Order Abatement of Same Item 10.1
City Council Meeting Agenda - Page 163 of 184 - Monday, August 04, 2025
ALTERNATIVES TO RECOMMENDED ACTION
Continue the item to a later date with direction provided to staff, or afford the property owner additional time to bring the property into compliance.
ATTACHMENT(S)
Attachment A Proposed Resolution
Attachment B Courtesy letter
Attachment C Pleasant Hill Ordinance No. 973, adding Chapter §7.45 – Weed Abatement Attachment D Notice of Hearing
Prepared by: Luis Martinez, City Code Investigator
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager
Item 10.1
City Council Meeting Agenda - Page 164 of 184 - Monday, August 04, 2025 RESOLUTION NO. _ -25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL, DECLARING A PUBLIC NUISANCE AT 319 GLORIA DRIVE AND ORDERING THE
ABATEMENT OF SAID NUISANCE CONDITIONS
WHEREAS, Chapter 7.45 of the Pleasant Hill Municipal Code (PHMC) requires that it is the duty of any person owning, occupying, renting, managing, or controlling any real property in the city to remove or destroy such weeds and/or rubbish; and WHEREAS, a staff report has been prepared and submitted for City Council review summarizing the case file history and Code Enforcement actions taken to enforce PHMC Chapter
7.45; and
WHEREAS, the following actions have occurred; (1) City received a complaint from a resident about overgrown weeds; (2) the City issued multiple notices and citations to bring the property into compliance; (3) no response was provided by the property owner, who did, however, attempt to pay for a citation; (4) additional resident complaints resulted in the City issuing the property owner a courtesy notice to avoid warrant abatement, which went unanswered; and WHEREAS, on April 30, 2025, and again on May 28, 2025, the Code Enforcement Division, sent the property owner via certified mail a notice to abate or show cause and posted same notices in a conspicuous place on the property, which went unclaimed and unanswered; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pleasant Hill, in accordance with Chapter 7.45 of the Pleasant Hill Municipal Code declares a public nuisance at 319 Gloria Drive and orders City staff to abate the nuisance condition.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 4th day of August 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
SUE NOACK, Mayor
ATTEST:
LYONE CONNER, City Clerk
Item 10.1
City Council Meeting Agenda - Page 165 of 184 - Monday, August 04, 2025 Item 10.1
City Council Meeting Agenda - Page 166 of 184 - Monday, August 04, 2025 Item 10.1
City Council Meeting Agenda - Page 167 of 184 - Monday, August 04, 2025 Item 10.1
City Council Meeting Agenda - Page 168 of 184 - Monday, August 04, 2025 1 ORDINANCE NO. 973
AN ORDINANCE OF THE CITY OF PLEASANT HILL
AMENDING THE PLEASANT HILL MUNICIPAL CODE, ADDING CHAPTER 7.45 WEED
ABATEMENT
WHEREAS, the City of Pleasant Hill is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City; and WHEREAS, private property in the City, if not maintained to eliminate overgrown weeds and/or rubbish, has the potential to create a hazardous condition as relates to uncontrolled fire and thereby result in an imminent danger to other properties and people in the City; and WHEREAS, the City Council finds that adopting the procedure set forth in California Government Code §39501 et seq. and as subsequently amended, provides an efficient and effective means of notifying property owners when such conditions exist on their properties and requiring the abatement of such hazardous conditions will help to alleviate the imminent danger posed to the health, safety and welfare of persons and properties in the City when these conditions are allowed to persist.
NOW THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
Section 1. The above recitals are true and correct and are hereby incorporated into this ordinance by this reference.
Section 2. Pleasant Hill Municipal Code Chapter 7.45 Weed Abatement is hereby added to Pleasant Hill Municipal Code, Title 7 Community Preservation to read as follows:
Chapter 7.45 Weed Abatement
Section
7.45.010 Definitions
7.45.020 Public Nuisance
7.45.030 Duty of Property Owner to Destroy or Remove
7.45.040 Standards for Maintenance
7.45.050 Resolution of Public Nuisance and Abatement
7.45.060 Right of Entry
7.45.070 Notice to Destroy or Remove
7.45.080 Method of Giving Notice
7.45.090 Hearing; Appeal from Notice
7.45.100 Seasonal and Recurrent Nuisances
7.45.110 Destruction and Removal by City
7.45.120 Account and Report of Cost of Abating Nuisance
7.45.130 Same - Notice of Report; Form
7.45.140 Same - Hearing and Confirmation of Report
7.45.150 Collection of Costs on Tax Roll
Item 10.1
City Council Meeting Agenda - Page 169 of 184 - Monday, August 04, 2025 2 Section 7.45.010 Definitions
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
City Manager means the City Manager of the City of Pleasant Hill, California, or designee.
Party concerned means the owner( s) of record, as shown on the last equalized assessment roll, and any other person known to the City Manager to be the occupant, person in control of, or owner of any interest in or to the building or structure or the land upon which it is located.
Rubbish means waste matter, litter, trash, refuse, debris and dirt which, when dry, is or may become a fire hazard or which is or may become a menace to health, or which is offensive to the senses.
Streets include alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs.
Weeds means plants which, when mature, bear wingy or down seeds, or which because of having attained, or which may attain, such a large growth and when dry, is or will become a fire hazard, or which are otherwise noxious or dangerous to health.
Section 7.45.020 Public Nuisance
The City Council hereby declares that all weeds growing upon private property or streets in the city and all rubbish on private property or streets in the City result in a hazard to the health, safety and welfare of the people in the City due to the imminent danger of uncontrolled fire posed by these conditions and are therefore a public nuisance.
Section 7.45.030 Duty of Property Owner to Destroy or Remove It shall be unlawful for any person owning, occupying, renting, managing, or controlling any real property in the City to cause or permit any weeds, or to place cause or permit any rubbish, to be or remain on any real property in the City or on portions of streets adjoining such real property to the centerline of such streets. It shall be the duty of every such person to remove or destroy such weeds and/ or rubbish. Destruction by burning within the City is unlawful.
Section 7.45.040 Standards for Maintenance
The City Manager may establish standards for the maintenance of weeds. The standards shall be effective upon being filed with the City Clerk.
Section 7.45.050 Resolution of Public Nuisance and Abatement The City Council may declare, by resolution, that a property constitutes a public nuisance pursuant to this Chapter. The resolution shall refer to the property by street address or Assessor’ s Parcel Number (“ APN”) according to the official or assessment map. Any number of streets, sidewalks, or parcels of private property may be included in one resolution.
Section 7.45.060 Right of Entry
a) Whenever necessary to make an inspection or to enforce any of the provision of this Chapter, or whenever there is reasonable cause to believe that any property is being maintained in violation of the provisions of this Chapter, the City Code Investigator, or designee, may enter Item 10.1
City Council Meeting Agenda - Page 170 of 184 - Monday, August 04, 2025 3 such property with the consent of any party concerned, or view the property conditions from a public sidewalk or street in order to determine whether the conditions prohibited by this Chapter exist on the property.
b) It shall be unlawful for any person, including any party concerned: (i) to refuse to allow the City Code Investigator, or designee, or a contractor engaged by the City, to enter upon the property, consistent with subsection (a); or (ii) to obstruct, impede, or interfere in any manner with the City Code Investigator, or designee, or a contractor engaged by the City, in any work undertaken pursuant to the provisions of this Chapter.
Section 7.45.070 Notice to Destroy or Remove
If the person owning, occupying, renting, managing, or controlling any real property in the City fails to remove therefrom and from the portions of streets adjoining such property, all weeds and rubbish in accordance with the provisions of this Chapter, it shall be the duty of the City Manager to notify such person to remove the same. Such notice shall be in writing and shall be in substantially the following form:
NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT Notice is hereby given that on the ____ day of __________ 20___ , the City Council of the City of Pleasant Hill passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on (address and assessor’ s parcel number), and that rubbish, refuse, and dirt were upon or in front of property on this street, in Pleasant Hill, California 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 Pleasant Hill to be held at 7:00 pm on ________________, 20__, when their objections will be heard and given due consideration.
Dated this ___________ day of ________20__.
Section 7.45.080 Method of Giving Notice
Notice shall be deposited in the United States Post Office at Pleasant Hill, California, with postage thereon prepaid and addressed to such owner at his last known place of address shown on the assessment roll of the City. If such real property is occupied and the mailing address thereof is different from that of the owner on assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the mailing address thereof. Such notice shall contain a description of the property, which description may be the County Assessor’ s Parcel Number, or may be the street and number thereof, or may be any other description by which the property may be reasonably identified. One or more lots or blocks of land may be Item 10.1
City Council Meeting Agenda - Page 171 of 184 - Monday, August 04, 2025 4 described in one and the same statement of notice. Notice shall be mailed no less than five (5) days before the City Council hearing.
Alternately, the City Manager may cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists no less than five (5) days before the City Council hearing, as follows:
a) One notice to each separately owned parcel of property of not over 100 feet of street frontage.
b) Notices at not more than 100 feet apart if the street frontage of such a parcel is greater than 100 feet.
Section 7.45.090 Hearing; Appeal from Notice
At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time.
By motion or resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. At that time, the City Council has jurisdiction to proceed with a resolution to perform the work of removal. The decision of the City Council is final.
Section 7.45.100 Seasonal and Recurrent Nuisances
The notice may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.
Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this Chapter; provided that upon the second and subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearing need be held, and it shall be sufficient to mail a notice to the owner of the property as they and their addresses appear upon the current assessment roll.
Section 7.45.110 Destruction and Removal by City
If the person owning, occupying, renting, managing, or controlling real property in the City fails to remove or destroy weeds and rubbish in accordance with the notice given pursuant to the provisions of this Chapter, within five (5) days after the mailing or posting of such notice, and no objections are made, or the City Council has disposed of the objections made, the City Council may order, by motion or resolution, that the City Manager and/ or any contracting agents, or other representatives, destroy, cut, and/or remove such weeds, refuse, dirt or rubbish.
Section 7.45.120 Account and Report of Cost of Abating Nuisance a) The City Manager shall keep an account of the cost of abating such nuisance upon each separate lot or parcel of land, and the abutting half of the street in front, and alley, if any, in the rear thereof, and embody such account in such 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 Item 10.1
City Council Meeting Agenda - Page 172 of 184 - Monday, August 04, 2025 5 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 therefore, respectively. b) The cost of abatement may include incidental expenses, including, but not limited to the expenses and costs of the City in the inspection of lots, preparation of notices, specifications and contracts, and in inspecting work, and the costs of printing and mailing required hereunder. The cost of abatement shall be established by resolution of the City Council.
Section 7.45.130 Same - Notice of Report; Form
The City Clerk shall post a copy of the report and assessment list on the bulletin board near the entrance door to City Hall, 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. Additionally, such notice, shall be provided to the owner(s) of the real property to be assessed in the same manner as provided in Section 7.45.080 of this Chapter and shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT NOTICE IS HEREBY GIVEN that on ________________, 20__, the City Manager filed with the City Clerk a report and assessment on abatement of weeds within the City of Pleasant Hill, a copy of which is posted on the bulletin board at the entrance to City Hall.
NOTICE IS FURTHER GIVEN that at 7:00 pm on the _____ day of ______________, 20 __ , in the Council Chambers of the Pleasant Hill City Hall, said report and assessment list will be presented to the City Council 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 _____________________, 20______
City Clerk of the City of Pleasant Hill, California
Section 7.45.140 Same - Hearing and Confirmation of Report a) At the time and placed fixed for receiving and considering the report, the City Council shall hear the same together with any protests or objections which may be raised by any interested persons. Upon such hearing, the Council shall make such corrections or modifications in any proposed assessment, which it may deem to be excessive or otherwise incorrect, after which such assessment shall be confirmed by resolution of the Council and the amount thereof shall constitute a lien on property assessed until paid. The confirmation of assessment by the Council shall be final and conclusive.
b) After the assessment is made and confirmed, the City Manager shall cause the order confirming the assessment to be recorded in the office of the Contra Costa County Recorder.
Item 10.1
City Council Meeting Agenda - Page 173 of 184 - Monday, August 04, 2025 6 Section 7.45.150 Collection of Costs on Tax Roll
On or before the first day of August of each year, the City Manager shall submit to the County Tax Collector the assessment list as confirmed by the City Council. The cost of abatement constitutes a special assessment against that parcel. Thereafter, such amounts shall be collected at the same time and in the same manner as general City and County taxes are collected and shall be subject to the same interest and penalties as are provided for other delinquent taxes or assessments of the City.
Section 7.45.160 Method of Removal
The methods of removing weeds, vines, shrubs, brush, and/ or debris from property as herein provided shall not be an exclusive method, but shall be an alternative method, and such weeds, vines, brush, shrubs and/or debris may be removed from such property pursuant to the provisions of any law of the state or of any ordinance of the city, applicable thereto.
Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable.
Section 4. Effective Date. This ordinance shall be effective thirty ( 30) days after the date of its adoption.
Section 5. Posting. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it or a summary of it to be posted in the three places designated by resolution of the City Council.
Section 6. Compliance with CEQA. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that pursuant to CEQA Guidelines section 15061( b)(3), this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. Further, and in the alternative, the City Council finds that the Ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources. The City Council hereby directs the City Manager to prepare and file a Notice of Exemption within five business days following adoption of this Ordinance.
The foregoing ordinance was introduced at the regular meeting of the City Council of the City of Pleasant Hill held on the 18th day of November, 2024.
Signatures on the Following Page]
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City Council Meeting Agenda - Page 174 of 184 - Monday, August 04, 2025 7 ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the 2nd day of December, 2024, by the following vote:
AYES: Noack, Shess, Vinson, Rinn
NOES: None
ABSENT: Flaherty
ABSTAIN: None
MATTHEW RINN, Mayor
ATTEST:
LYONE P. CONNER, City Clerk
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