A. If the person (or persons) owning a property identified in the resolution fails or refuses to remove or destroy weeds and/or debris on the property in accordance with the provisions of this chapter within ten (10) calendar days after the public hearing at which the board issued an abatement order pursuant to subsection 3-5-5B of this chapter, or within fifteen (15) days after mailing of the notice described in section 3-5-6 of this chapter, the general manager shall remove or destroy the weeds and/or debris in accordance with this section.
B. When the "weeds", as defined in section 1-3-2 of this code, are not in plain view of the general manager or his designee from a place that he lawfully has the right to be, the general manager shall request the consent of the person or persons owning, occupying, leasing, managing or controlling the property before entering the property for purposes of inspection and abatement under this chapter. If consent is refused and if the persons owning, occupying, leasing, managing or controlling the property have a reasonable expectation of the privacy for the area where the district seeks to enter, the general manager shall apply for an inspection/abatement warrant, as defined in Code of Civil Procedure section 1822.50, to enter the property for inspection and abatement purposes, and entry onto the property shall be made only pursuant to an inspection warrant applied for, issued and executed in accordance with Code of Civil Procedure sections 1822.51 through 1822.59. A warrant may authorize district employees access to property only to do one or more of the following:
1. Inspect to determine the presence of public nuisances that the district has the authority to abate.
2. Abate public nuisances, either directly or by giving notice to the property owner to abate the public nuisance.
3. Determine if a notice to abate a public nuisance has been complied with.
If the person owning, occupying, leasing, managing or controlling the property has no reasonable expectation of privacy, employees of the district may enter the property without an abatement warrant for any of the reasons stated directly above.
C. It shall be unlawful for any person to interfere with, hinder or refuse to allow the general manager's entry onto a property to abate public nuisances pursuant to this section.
D. Any person or persons owning, occupying, leasing, managing or controlling property identified in the resolution shall have the right to remove or destroy weeds and debris on their property, at their own expense, at any time before arrival of the general manager for entry onto the property pursuant to this section; provided, however, that the costs of the district to enforce the abatement upon the subject property, including investigation, boundary determinations, measurement, clerical and other related costs, may be imposed as a special assessment and lien on such property pursuant to a resolution of the board adopted pursuant to the provisions of section 3-5-8 of this chapter. (Ord. 09-230, 1-8-2009)