(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates, or requires, a different meaning.
NOXIOUS VEGETATION.
(a) Poison oak;
(b) Poison ivy;
(c) Blackberry bushes that extend into public property or across a property line;
(d) Vegetation that is:
1. A health hazard;
2. A fire hazard;
3. A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous;
4. Weeds or grass more than ten inches high; and/or
5. Weeds or grass going to seed;
(e) NOXIOUS VEGETATION does not include agricultural crop grown on property zoned for agricultural purposes, unless that crop is a health, traffic, or fire hazard.
(B) Nuisance. Noxious vegetation is declared to be a nuisance.
(C) Owner responsibility. No owner or person in charge of property may allow noxious vegetation to be on the person’s property or on the parking strip or sidewalk area abutting the property. It is the duty of an owner or person in charge of property to cut down or to destroy noxious vegetation.
(D) Notice to abate. Upon determination by the Authorized Representative, or his or her designee, that noxious vegetation exists on any property, the Authorized Representative shall cause a notice to be mailed to the owner of the property. At a minimum, the city shall utilize the records of the County Assessor and the City Utility Department to determine the last known address.
(1) The notice to abate shall contain:
(a) A statement that noxious vegetation exists on the property;
(b) A description of the real property, by street address or otherwise, on which or adjacent to which the noxious vegetation exists;
(c) A direction to abate the noxious vegetation within seven days from the date of the notice;
(d) A statement that unless the vegetation is removed within seven days from the date of the letter the city will abate the nuisance and will charge the costs of abatement to the property owner;
(e) A statement that the owner of the property may protest the abatement by giving notice to the Authorized Representative within five days from the date of the notice. An error in the name or address of the owner of the property shall not make the notice void if the error was caused by the owner or person in charge of the property failing to notify the city of their correct name and address. (At a minimum, the city shall utilize the records of the County Assessor and the City Utility Department to determine the last known address.)
(2) Abatement by the owner shall consist of:
(a) Within the time allowed in this section, the owner of the property shall remove the noxious vegetation or show that no nuisance exists;
(b) The owner of property protesting that no noxious vegetation in fact exists shall file with the Authorized Representative a written statement that shall specify the basis for so protesting. Based upon a physical inspection of the property the Authorized Representative, or designee, shall make a written determination of whether or not the noxious vegetation exists;
(c) Should the Authorized Representative determine that the nuisance does exist, the owner or person in charge of the property may either abate the vegetation within five days after notice of the Authorized Representative’s decision, or may appeal the decision to the City Council by filing a written notice of appeal with the City Recorder within five days from the date of the decision.
(d) If the Council determines that noxious vegetation does in fact exist, the owner or person in charge of the property shall, within five days after the Council determination, abate the noxious vegetation.
(3) Abatement by the city shall consist of:
(a) If the noxious vegetation has not been removed within the time permitted, the Authorized Representative shall cause the vegetation to be removed. The officer charged with abatement shall have the right to enter into or investigate, or cause the removal of, the noxious vegetation.
(b) The cost of abatement shall be charged at actual costs incurred by the city, including, but not limited to, costs of removal of the noxious vegetation, administrative costs, and certified or registered letter mailing costs.
(E) Assessment of costs.
(1) The Authorized Representative, by registered or certified mail, shall forward to the owner of the property a notice stating the total amount of the cost of abatement. At a minimum, the city shall utilize the records of the County Assessor and the City Utility Department to determine the last known address.
(2) If the owner of the property does not pay the costs of the abatement within 30 days from the date of the notice of costs, the city may take whatever lawful means available to collect the costs.
(Prior Code, § 90.01) (Ord. 06-512, passed 7-5-2006; Ord. 07-516, passed 7-2-2007; Ord. 08-519, passed 5-12-2008)