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CC Ordinance No. 1945 ORDINANCE NO. 1945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 9.08 OF THE CUPERTINO MUNICIPAL CODE REGARDING WEED ABATEMENT THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that the Cupertino Municipal Code Section shall be amended to read as follows: Section 9.08.040 Mailing of notices by Fin! Marshal Agricultural Commissioner 9.08.020 Resolution Declaring Nuisance. Whenever any weeds are growing upon any private property or properties or in any street or alley within the City. The City Council shall pass a resolution declaring the same to be a public nuisance and order the County Fire Marshal Agricultural Commissioner to give notice of the passage of such resolution as provided in this chapter, and state therein that, unless such nuisance is abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the County Fire Marshal Agricultural Commissioner, and the expense thereof assessed upon the lots and lands ftom which, and/or in the ftont and rear of which, such weeds have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal ofthe weeds. 9.08.030 Form of Notice. The notice provided for in Section 9.08.020 shall be substantially of the following form: NOTICE TO DESTROY WEEDS NOTICE IS HEREBY GNEN that on , -l-9 20_, pursuant to the provisions of Section _of the Municipal Code, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section _ of the City's Municipal Code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall without delay remove all such weeds ftom their property and the abutting half of the street in ftont and alleys, if any, behind such property and between the lot lines thereof as extended or such weeds will be destroyed or removed and such nuisance abated by the County Fire MarGhal Agricultural Commissioner, in which case the cost of such destruction or removal will, Ordinance No. 1945 Page 2 including but not limited to administration costs, be assessed upon the lots and the lands from which, or ftom the ftont or rear of which, such weeds shall have been destroyed or removed; and such costs will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of said City, to be held in the City Council Chambers of the City Rail City of Cupertino on , +9 20_, at o'clock when and where their objections will be heard and given due consideration. Date ,+920_ 9.08.040 Mailing of Notices by Fire Marshal Agricultural Commissioner. The City Council shall direct the County Fire Marchal Agricultural Commissioner to mail written notice of the proposed abatement to all persons owning property described in the resolution. The Fire Marshal Agricultural Commissioner 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 City Council. The notices shall be mailed at least ten days prior to the time for hearing objections by the legislative body. 9.08.060 Order to Abate Nuisance. The Council shall by resolution order the Fire Marshal Agricultural Commissioner to abate such nuisance or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method as may be determined necessary by him. The Fire Marshal Agricultural Commissioner, his deputies assistants, or his appointees as contracting agents are authorized to enter upon private property for the purpose of abatement. Any property owner has the right to destroy or remove such weeds himself or have the same destroyed or removed at his own expense; provided that such weeds have been removed prior to the arrival of the Fire Marchal Agricultural Commissioner or his authorized representatives to remove them. 9.08.070 Account and Report of Cost. The County Fire Marshal Agricultural Commissioner shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk. Such report shall refer to each separate lot or parcel of land with a description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land. Ordinance No. 1945 Page 3 9.08.080 Notice of Report. The City Clerk shall post a copy of the report and assessment list specified in Section 9.08.070 in a conspicuous place near the main door of the city council chambers, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. In addition, the City Clerk shall mail a copy of the notice and the assessment list to all persons owning property described in the assessment list. The mailing labels shall be provided by the Fire Marshal Agricultural Commissioner. The posting and mailing of the notice and assessment list shall be made and completed at least ten days prior to the time for hearing objections by the City Council. Such notice shall be substantially in the following form: NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT NOTICE IS HEREBY GIVEN that on ,20_ the County Fire Marshal Agricultural Commissioner filed with the City Clerk a report and assessment on abatement of weeds within the City, copies if which are posted near the main door ofthe city council chambers.... 9.08.090 Hearing and Confirmation. A. At the time and place fixed for receiving and considering such report, the City Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance. The County Fire MaFshal Agricultural Commissioner shall attend such meeting with his record thereof, and upon such hearing, the Council may make such modifications in the proposed assessments therefore as it may deem necessary, after which such report and assessment list shall be confirmed by resolution. 9.08.100 Collection on Tax Roll. The County Fire MaFshal Agricultural Commissioner shall cause the amount of the assessment to be entered on the tax assessment roll opposite the description of the particular property, and it shall be collected together with all other taxes theron upon the property.. .. 9.08.110 Duty to Notify City ofImprovements, Time, Waiver of Rights, Nonliability of City. A. The owner, agent, lessee or other person having charge or control of any building, lot or premises within the Cit who permits weeds to remain on such premises in violation of Section 9.08.010 shall give written notice to the County Fire Marshal Agricultural Commissioner of any improvements which have been placed on such premIses.. .. Ordinance No. 1945 Page 4 This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the 7th day of September 2004 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 20th day of September 2004, by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: James, Kwok, Lowenthal, Sandoval, Wang None None None ATTEST: APPROVED: ~~ City Clerk /ì/ A-.- ~ ~ ~~