39560-39588
GOVERNMENT CODE
SECTION 39560-39588
39560. (a) "Superintendent" means street superintendent, his
assistants and deputies, or other public officer designated by the
legislative body to perform the duties imposed by this article upon
the superintendent.
(b) "Weeds" means weeds which when mature bear wingy or downy
seeds, which will attain such a large growth as to become a fire
menace when dry, or which are otherwise noxious or dangerous.
(c) "Street" includes public street, alley, lane, court or other
place.
(d) "In front of which the nuisance exists" includes to the rear
of or abutting the property upon which the nuisance exists.
39561. The legislative body may declare by resolution as public
nuisances, and abate:
(a) All weeds growing upon the streets, sidewalks, or private
property in the city.
(b) All rubbish, refuse, and dirt upon parkways, sidewalks, or
private property in the city.
39561.5. "Weeds," as used in this article, includes any of the
following:
(a) Weeds which bear seeds of a downy or wingy nature.
(b) 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.
(c) Weeds which are otherwise noxious or dangerous.
(d) Poison oak and poison ivy when the conditions of growth are
such as to constitute a menace to the public health.
(e) Dry grass, stubble, brush, litter, or other flammable material
which endangers the public safety by creating a fire hazard.
39562. The resolution shall:
(a) Refer to the street by its commonly known name.
(b) Describe the property upon which or in front of which the
nuisance exists by giving its lot and block number according to the
official or city assessment map.
39562.1. At the time it adopts the resolution as provided for by
Sections 39561 and 39562, the legislative body 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 article, provided, that upon
the second and any subsequent occurrence of such nuisance on the same
parcel or parcels within the same calendar year, no further hearings
need be held and it shall be sufficient to mail a post card notice
to the owners of the property as they and their addresses appear upon
the current assessment roll.
The notice shall refer to and describe the property and shall
state that noxious or dangerous weeds of a seasonal and recurrent
nature are growing on or in front of the property, and that the same
constitute a public nuisance which must be abated by the removal of
said noxious or dangerous weeds, and that otherwise they will be
removed and the nuisance will be abated by the city authorities, in
which case the cost of such removal shall be assessed upon the parcel
and lands from which or in front of which such weeds are removed and
that upon confirmation such cost will constitute a lien upon such
parcel or lands until paid.
39562.2. In any case where cities are authorized to abate weeds
pursuant to the provisions of this chapter and where the legislative
body finds and declares that weeds on specified parcels of property
are seasonal and recurrent nuisances as provided in Section 39562.1,
the legislative body may provide for the preventive abatement of such
seasonal and recurrent nuisance as provided in this section.
The notice required by Section 39562.1 shall, in addition to
containing all other required matters, state that the efficient and
economical control of such seasonal and recurrent nuisance requires
preventive chemical control of such weeds, weed seeds and weed
seedlings and that the city may require preventive chemical control
of such nuisance.
In the event the city is once required to abate such nuisance the
city may, in addition, before and during the next following
germinating season of such weeds, provide for the preventive
abatement of such nuisance by using chemical control of such weeds.
39563. Any number of streets, sidewalks, or parcels of private
property may be included in one resolution.
39564. After passage of the resolution, the superintendent 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:
(a) One notice to each separately owned parcel of property of not
over fifty feet frontage.
(b) Not more than two notices to any such parcel of one hundred
feet frontage or less.
(c) Notices at not more than one hundred feet apart if the
frontage of such a parcel is greater than one hundred feet.
39565. The heading of the notices shall be "Notice to destroy weeds
and remove rubbish, refuse, and dirt" in letters not less than one
inch in height.
39566. 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
(name of the legislative body) 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 ____, 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 (name of the legislative body) of (city or town) to
be held (give date), when their objections will be heard and given
due consideration.
Dated this ___________day of ____,
19__________________.
_____________________
Street Superintendent
(City of ______)
39567. The notices shall be posted at least five days prior to the
time for hearing objections by the legislative body.
39567.1. 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.
In cities where the county assessor performs the functions of 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 cost of furnishing such list and the cost shall be a
part of the costs of abatement.
The notices mailed by the city clerk shall be mailed at least five
days prior to the time for hearing objections by the legislative
body.
The notices mailed by the city clerk shall be substantially in the
form provided by Section 39566, except, that notices shall be signed
by the city clerk and the heading of the notice need not comply with
Section 39565.
39568. At the time stated in the notices, the legislative body
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.
39569. By motion or resolution at the conclusion of the hearing the
legislative body shall allow or overrule any objections. At that
time the legislative body acquires jurisdiction to proceed and
perform the work of removal.
39570. The decision of the legislative body is final.
39571. If objections have not been made or after the legislative
body has disposed of those made, it shall order the superintendent to
abate the nuisance by having the weeds, rubbish, refuse, and dirt
removed. The order shall be made by motion or resolution.
39572. The superintendent may enter upon private property to abate
the nuisance.
39573. Before the superintendent arrives, any property owner may
remove the weeds, rubbish, refuse, and dirt at his own expense.
Nevertheless, in any case in which an order to abate is issued, the
legislative body by motion or resolution may further order that a
special assessment and lien be imposed pursuant to Section 39577. In
that case the assessment and lien shall be limited to the costs
incurred by the responsible agency in enforcing abatement upon the
parcels, including investigation, boundary determination,
measurement, clerical and other related costs.
39574. The superintendent shall keep an account of the cost of
abatement in front of or on each separate parcel of land where the
work is done by him. He shall submit to the legislative body for
confirmation an itemized written report showing such cost.
39575. A copy of the report shall be posted for at least three days
prior to its submission to the legislative body on or near the
chamber door of the legislative body, with a notice of the time of
submission.
39576. At the time fixed for receiving and considering the report,
the legislative body shall hear it with any objections of the
property owners liable to be assessed for the abatement. It may
modify the report if it is deemed necessary. The legislative body
shall then confirm the report by motion or resolution.
39576.5. Abatement of the nuisance may in the discretion of the
legislative body be performed by contract awarded by the legislative
body on the basis of competitive bids let to the lowest responsible
bidder pursuant to Sections 37903, 37904, 37905 and 37931 to 37935
inclusive of this code. In such event the contractor shall keep the
account and submit the itemized written report for each separate
parcel of land required by Section 39574.
39577. The cost of abatement in front of or upon each parcel of
land and the costs incurred by the responsible agency in enforcing
abatement upon the parcels, including investigation, boundary
determination, measurement, clerical and other related costs,
constitutes a special assessment against that parcel. After the
assessment is made and confirmed, a lien attaches on the parcel upon
recordation of the order confirming the assessment in the office of
the county recorder of the county in which the property is situated,
except that if any real property to which such lien would attach has
been transferred or conveyed to a bona fide purchaser for value, or
if a lien of a bona fide encumbrancer for value has been created and
attaches thereon, prior to the date on which the first installment of
such taxes as imposed by Section 39578 would become delinquent, then
the lien which would otherwise be imposed by this section shall not
attach to such real property and the costs of abatement and the costs
of enforcing abatement, as confirmed, relating to such property
shall be transferred to the unsecured roll for collection.
39578. Except as provided in Section 39577, after confirmation of
the report, a copy shall be given to the county auditor, who shall
add the amount of the assessment to the next regular tax bill levied
against the parcel for municipal purposes.
39579. Except as provided in Section 39577, if the county assessor
and the tax collector assess property and collect taxes for the city,
a certified copy of the report 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.
39580. The county auditor shall enter each assessment on the county
tax roll opposite the parcel of land.
39581. 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.
The legislative body may determine that, in lieu of collecting the
entire assessment at the time and in the manner of ordinary
municipal taxes, such assessments of fifty dollars ($50) or more may
be made in annual installments, in any event not to exceed five, and
collected one installment at a time at the times and in the manner of
ordinary municipal taxes in successive years. If any installment is
delinquent, the amount thereof is subject to the same penalties and
procedure for foreclosure and sale provided for ordinary municipal
taxes. The payment of assessments so deferred shall bear interest on
the unpaid balance at a rate to be determined by the legislative
body, not to exceed 6 percent per annum.
39582. As an alternative method the county tax collector in his
discretion may collect the assessments without reference to the
general taxes by issuing separate bills and receipts for the
assessments.
39583. Laws relating to the levy, collection, and enforcement of
county taxes apply to such special assessment taxes.
39584. The superintendent may receive the amount due on the
abatement cost and issue receipts at any time after the confirmation
of the report and until 10 days before a copy is given to the county
auditor, or, where a certified copy is filed with the county auditor,
until August 1st following the confirmation of the report.
39585. The legislative body may order refunded all or part of a tax
paid pursuant to this article if it finds that all or part of the
tax has been erroneously levied. A tax or part shall not be refunded
unless a claim is filed with the clerk of the legislative body on or
before November 1st after the tax became due and payable. The claim
shall be verified by the person who paid the tax or by the person's
guardian, conservator, executor, or administrator.
39586. If the legislative body finds that property damage was
caused by the negligence of a city officer or employee in connection
with the abatement of a nuisance pursuant to this article, a claim
for such damages may be paid from the city general fund. Claims
therefor are governed by Part 3 (commencing with Section 900) and
Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of
this code.
39587. The proceedings provided by this article are an alternative
to any procedure established by ordinance pursuant to Article 1
(commencing with Section 39500).
39588. The lien of said assessment shall have the priority of the
taxes with which it is collected.