(A) In the event the person or persons owning, occupying, renting, managing or controlling any real property in the city shall fail to remove therefrom, and from the portions of streets/alleys adjoining such property, all weeds, debris and rubble in accordance with the provisions of this part, it shall be the duty of the Fire Chief or his or her authorized representatives to notify the person or persons to remove the same within ten days.
(B) Such notice shall be in writing or printed and shall be dated. The Fire Chief or his/her representative shall mail written notices in substantially the same form as provided herein, except that the Fire Chief or his or her authorized representative shall sign said notice that is to be mailed to the owner whose real property is assessed on the last equalized assessment roll, and it shall be mailed to the address shown on the last assessment roll.
(C) Before the end of the period to comply mentioned in the notice, the owner, if he or she has any objection thereto, may file a protest in writing with the City Clerk, setting forth the legal and factual reasons on which the objection to the notice or proposed removal or destruction is based.
(D) If, at the end of the period to comply mentioned in the notice, the owner has failed to comply with the notice, and if he or she has failed to file a written protest with the City Clerk, the property owner will incur inspection fees weekly until the property is mitigated. Inspection of the property will not take place more than once per week. Should the Fire Department have personnel and funds available, the hazard could be mitigated by city personnel or a weed abatement contractor, at the expense of the owner whose real property is assessed on the last equalized assessment roll, and it shall be mailed to the address shown on the last assessment roll. Failure to pay the mitigation expenses shall result in a lien for applicable abatement costs on said property.
(E) If written protest is filed with the City Clerk, and if the City Clerk or the Fire Chief believes the protest to be without merit, then the written protest shall be referred to the City Council for a hearing and a decision thereon.
(F) The City Council may hear the protest at a regular or special meeting, and the City Clerk shall mail to the address on the last assessment roll, at least seven days before the hearing, a notice of the date and time of the hearing before the City Council, to the owner who has filed a written protest of the proposed removal.
(G) If the City Council finds the written protest and the oral testimony, if any, to be without merit and overrules the protest, then the City Clerk shall mail to the owner, at the address on the last assessment roll, a notice giving the substance of the decision of the City Council; and then if the owner does not, at his or her own expense, make the removal within five days thereafter, the hazard shall be mitigated by city personnel or a weed contractor, at the expense of the owner whose real property is assessed on the last equalized assessment roll, and it shall be mailed to the address shown on the last assessment roll. Failure to pay the mitigation expenses shall result in a lien for applicable abatement costs on said property.
(H) Form of violation notice. The heading of the notice to be given by the Fire Chief or his or her authorized representative shall be "notice to destroy or remove weeds, debris and rubble", and the notice shall be substantially in the following form:
NOTICE TO DESTROY OR REMOVE WEEDS, DEBRIS AND RUBBLE
10-Day Notice
On April 1st, a weed abatement letter was sent out as a reminder to property owners to mitigate fire hazards by June 1st. There were also two notifications posted in the local newspaper of the requirement.
Notice is now hereby given that the noxious and dangerous weeds of a seasonal and recurrent nature are growing on or in front of this property, or the debris or rubble upon this property, constitute a public nuisance which must be abated within ten days of the date hereof by the destruction or removal of said weeds, removal of said debris or rubble. Upon your failure to comply with this notice, you will be charged the current fire inspection fee on a weekly basis until the property is mitigated, and it shall be mailed to the address shown on the last assessment roll. Failure to pay the inspection fee(s) shall result in the fee(s) going to collections. If a fire occurs on your property prior to abatement, you can be held responsible for all fire suppression costs.
A brief description of the material to be removed is as follows:
(description of violation)
If you object to this proposed destruction and removal of weeds, debris or rubble, you are hereby notified to file with the City Clerk within ten days of the date hereof a written protest setting forth the legal and factual reasons upon which the objection is based.
A brief official or City assessment description of the premises is as follows:
A.P. #(parcel number) (address)
Dated:
Fire Prevention Bureau
City of Red Bluff
(Ord. 1055, passed 11-19-2019; Am. Ord. 1070, passed 11-15-2022)