Article 2 - Alternative Procedures

California Government Code — §§ 39560-39588

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Sections (34)

Amended by Stats. 2018, Ch. 467, Sec. 32. (SB 1498) Effective January 1, 2019.

(a)“Superintendent” means street superintendent, the superintendent’s 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.

Added by Stats. 1949, Ch. 79.

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.

Added by Stats. 1963, Ch. 90.

“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.

Added by Stats. 1949, Ch. 79.

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.

Added by Stats. 1968, Ch. 127.

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.

Added by Stats. 1970, Ch. 577.

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.

Added by Stats. 1949, Ch. 79.

Any number of streets, sidewalks, or parcels of private property may be included in one resolution.

Amended by Stats. 2018, Ch. 467, Sec. 33. (SB 1498) Effective January 1, 2019.

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. The superintendent 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 parcel of one hundred feet frontage or less.
(c)Notices at not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet.

Added by Stats. 1949, Ch. 79.

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.

Amended by Stats. 1951, Ch. 794.

The notice shall be substantially in the following form:

Added by Stats. 1949, Ch. 79.

The notices shall be posted at least five days prior to the time for hearing objections by the legislative body.

Added by Stats. 1959, Ch. 1889.

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.

Added by Stats. 1949, Ch. 79.

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.

Added by Stats. 1949, Ch. 79.

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.

Added by Stats. 1949, Ch. 79.

The decision of the legislative body is final.

Added by Stats. 1949, Ch. 79.

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.

Added by Stats. 1949, Ch. 79.

The superintendent may enter upon private property to abate the nuisance.

Amended by Stats. 2018, Ch. 467, Sec. 34. (SB 1498) Effective January 1, 2019.

Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owner’s 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.

Amended by Stats. 2018, Ch. 467, Sec. 35. (SB 1498) Effective January 1, 2019.

The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work. The superintendent shall submit to the legislative body for confirmation an itemized written report showing the cost of the abatement.

Added by Stats. 1949, Ch. 79.

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.

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