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Murrieta Overview
Murrieta, CA Municipal Code
Murrieta, California Municipal Code
Preface
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 (RESERVED)
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 (RESERVED)
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 (Reserved)
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 (RESERVED)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 DEVELOPMENT CODE
STATUTORY REFERENCES FOR CALIFORNIA CITIES
PRIOR CODE CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
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8.32.010 Certain vegetation/weeds, grasses, shrubs, trees, seasonal and recurrent weeds declared a nuisance.
   A.   All weeds, dry grasses, dead shrubs, dead trees, seasonal and recurrent weeds, or any material growing upon the streets, sidewalks, or upon private property within the city, which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth, and location, constitute a fire hazard to any building, improvement, crop or other property, and weeds and grasses which, when dry, will in reasonable probability constitute a fire hazard, are declared to be a public nuisance.
   B.   Cultivated and useful grasses and pastures shall not be declared a public nuisance under subsection A of this section; however, if the city manager or his or her authorized representative shall determine it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required.
   C.   On parcels up to five acres, where the topography is such that portions, such as slopes greater than 2:1, are inaccessible for weed abatement, the slope may be left in a natural condition for the purpose of erosion control; however, all flat accessible areas shall conform to the requirements of this chapter for weed abatement. On parcels larger than five acres, the same provision is applicable; however, the regulations for required firebreaks and structure setbacks for weed abatement shall prevail.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.010)
8.32.020 Authorization for city manager.
   The city manager is authorized to administer and enforce the provisions of the chapter. The city manager may appoint and authorize one or more members of the city staff to act as his or her designee to administer or enforce this chapter. In the context of this chapter, the phrase “city manager” includes each and all persons designated by the city manager to assist in the administration and enforcement of this chapter, as limited by the terms of the delegation. In the enforcement of this chapter, the city manager or his or her designee, may enter upon private or public property to inspect that property. When the city council has contracted with any person or persons for the removal of nuisances, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of nuisances pursuant to the chapter. (Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.020)
8.32.030 Contents of notice to abate.
   If it is determined by the city manager that a public nuisance under this chapter exists on any lot or premises or upon any sidewalk or parkway adjacent to such lot or premises, the city manager shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "NOTICE TO CLEAN PREMISES" in letters not less than one inch in height and shall, in legible characters, direct the abatement of the nuisance and refer to this chapter for particulars. Notices served by means other than posting on the premises, as provided by this chapter shall identify the property involved by street address and/or by the tax assessor's property identification number including the map, book, page, and parcel numbers as contained in the latest equalized assessment rolls. Any number or lots or premises or sidewalks or parkways as described herein may be included in any of the notices, actions, resolutions, or proceedings as described in this chapter.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.030)
8.32.040 Service of notice to abate.
   The notice required by Section 8.32.030 of this chapter may be served by any of the following methods:
   A.   By personal service on the owner, occupant or person in charge or control of the property as may be known to the city manager;
   B.   By regular mail, addressed to the owner or person in charge and control of the property as may be known to the city manager, at the address shown on the last available assessment roll or as otherwise known to the city manager;
   C.   By posting at a conspicuous place on the land or abutting public right-of-way and insertion of an advertisement at least once a week for a period of two weeks in a newspaper of general circulation in the city. Such newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and shall contain a general statement of the effect of such posting. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this chapter.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.040)
8.32.050 Time limit for compliance.
   It shall be the duty of the owner, occupant or person in charge or control of any property in the city, within fifteen (15) days from the date of the posting, mailing, or personal service of the notice provided for in Section 8.32.030 of this chapter, or in the case of an appeal as permitted in any order of abatement which has become final under this chapter, unless a nuisance has been found not to exist hereunder, to remove or cause to be removed the nuisance as stated in the notice.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.050)
8.32.060 Appeal of notice to abate.
   A.   Within fifteen (15) days from the date of the posting, mailing, or personal service of the required notice provided for in Section 8.32.030 of this chapter, the owner or person occupying or controlling such lot or premises affected by such notice or any other person affected thereby may appeal to the city manager.
   B.   If no written request for a hearing is received by the city manager, or if the nuisance is not abated by the owner, occupant, or person in charge or control of the property or their agent within the time allowed, the city manager shall have the authority to abate by city personnel or private contract (authorized, if otherwise required, by the city council) and remove the public nuisance without a hearing.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.060)
8.32.070 Hearing and procedure.
   If a request for hearing is filed, the city manager shall send a notice of hearing at least ten days before the hearing by regular mail to the requesting party, including the owner of the land as shown on the last equalized assessment roll and any other property owners or interested parties as deemed appropriate by the city manager.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.070)
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