6430ORDINANCE NO. 6 4 3 0
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 6.16 (WEED ABATEMENT) OF
TITLE 6 (PUBLIC HEALTH AND SAFETY) OF THE
ANAHEIM MUNICIPAL CODE REQUIRING
LANDOWNERS TO KEEP THEIR PROPERTY FREE OF
BRUSH, REFUSE AND/OR NOXIOUS GROWTH AND
ALLOWING THE CITY TO ABATE THE SAME ON AN
EXPEDITED BASIS IN CASES OF EXTREME FIRE
DANGER, AND FINDING AND DETERMINING
PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) THAT
THIS ORDINANCE IS NOT A PROJECT PURSUANT TO
SECTIONS 15060(C)(2), 15060(C)(3) AND 15378 OF
THE CEQA GUIDELINES
WHEREAS, pursuant to Sections 39501 and 39502 of the California Government Code,
the City Council of the City of Anaheim may compel the owner, lessee or occupant of buildings,
grounds or lots in the City of Anaheim (herein referred to as the "City") to remove from the
property and adjacent sidewalks dirt, rubbish, weeds, and/or other material dangerous or injurious
to neighboring property or to the health and welfare of residents of the vicinity. In the event of
default after notice, the City Council may authorize the removal or destruction of that matter by a
city officer at the owner's expense, may prescribe a procedure for its removal or destruction, and
may make the expense a lien on the property or the abutting property, as the case may be, which
lien may be enforced by sale of the property; and
WHEREAS, pursuant to the authority conferred upon cities by Sections 39501 and 39502
of the California Government Code and under its police powers, the City Council enacted the
City's "weed and refuse control ordinance" in 1971 by the adoption of Ordinance No. 2907, which
is codified as Chapter 6.16 (Weed Abatement) of Title 6 (Public Health and Safety) of the Anaheim
Municipal Code (herein referred to as the "Code"). The weed and refuse control ordinance
prohibits (1) the high growth of weeds, vines, grasses or certain brush that are a fire menace when
dry, or that contain poisonous oils that are dangerous to the life and health of the community; and
(2) the placement of rubbish, garbage, rubble and refuse on private property; and, establishes a
procedure for the abatement thereof, making the owner of such property or the person having
control or possession thereof liable to the City for the costs of abatement, which, if not paid, may
constitute a lien against such property; and
WHEREAS, pursuant to the authority conferred by Sections 38771 and 38773 of the
California Government Code, the City Council adopted Chapter 6.44 (Public Nuisances) of Title
6 (Public Health and Safety) of the Code and deemed the following conditions, inter alia, to be
public nuisances: (A) the presence of any dry or dead shrub, palm frond or tree, combustible refuse
or waste, or any growing material which by reason of its size, manner of growth or location
constitutes a potential fire hazard to a building, structure, crop or other property; (B) the keeping
of any refuse or waste on any property for a period in excess of three (3) consecutive days; (C)
Maintaining property with overgrown vegetation which (i) causes detriment to neighboring
properties or obstructs pedestrian and/or vehicular traffic; (ii) is likely to harbor rats, vermin or
other nuisances; (iii) prevents, impedes or otherwise restricts access to electric, water or gas
meters, or to any other public equipment or facilities; or (iv) causes visual obstruction of any street
sign and/or light so as to be detrimental to the public health, safety or welfare; and
WHEREAS, by the adoption of Ordinance No. 6429 on February 6, 2018, the City Council
updated the noticing, procedural and cost -recovery provisions regarding how public nuisances
abatement actions are initiated and completed by amending certain provisions of Chapter 6.44
(Nuisances) of Title 6 (Public Health and Safety) of the Code. Ordinance No. 6429 will become
effective on March 8, 2018 and requires the City to provide notice to the property owner and an
opportunity for the owner to correct the condition within thirty-five days, or such other time as the
City deems appropriate. If the conditions are not remedied within the stated time, the City will
schedule a hearing to determine whether or not a nuisance exists; and
WHEREAS, all of the area within the City of Anaheim located east of the Costa Mesa
Freeway (State Route 55) and south of the Riverside Freeway (State Route 91) is located within a
"Wildland-Urban Interface Fire Area", as designated by the City Council and defined in Chapter
16.08 (California Fire Code) of Title 16 (Fire) of the Code. In addition and pursuant to the
recommendation of the California Director of Forestry and Fire Protection, the City Council has
heretofore classified certain areas within the City of Anaheim as "Very High Fire Hazard Severity
Zones", which zones are defined and designated in Chapter 16.40 (Designation of Very High Fire
Hazard Severity Zones) of Title 16 (Fire) of the Code; and
WHEREAS, the City Council desires to amend the City's weed and refuse control
ordinance in order to provide greater consistency in the noticing, procedural and cost -recovery
provisions of Chapters 6.16 and 6.44, and also provide the City the ability to abate, on an expedited
basis, brush, noxious growth and/or refuse posing an extreme fire danger within the Wildland-
Urban Interface Fire Area and the Very High Fire Hazard Severity Zones; and
WHEREAS, the California Constitution grants charter cities the power to make and enforce
all ordinances and regulations with respect to municipal affairs. Section 7 of Article XI of the
California Constitution provides that a city may make and enforce within its limits all police,
sanitary and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City of Anaheim, as a charter city, by and through its City Council, has
and may exercise all powers necessary to ensure the general welfare of its inhabitants; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"),
the City is the "lead agency" for the preparation and consideration of environmental documents for
this ordinance; and
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WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because
it will not result in a direct or reasonably foreseeable indirect physical change in the environment
and is not a "project", as defined in Section 15378 of the CEQA Guidelines; and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public health, safety and
welfare of the citizens of the City of Anaheim and is enacted pursuant to California Health and
Safety Code Sections 11362.5(c)(2) and 11362.83 and the City's police power as granted broadly
under Section 7 of Article XI of the California Constitution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 6.16 (Weed Abatement) of Title 6 (Public Health and Safety) of the Anaheim
Municipal Code be, and the same is, hereby amended to read in full as follows:
Sections:
Chapter 6.16
WEED ABATEMENT
6.16.001 Title.
6.16.010 Definitions.
6.16.015 Noxious growth and refuse.
6.16.020 Notice requiring removal of noxious growth and/or
refuse.
6.16.030 Hearing.
6.16.040 Abatement by City.
6.16.050 Appeal of Abatement Order
6.16.060 Cost of Abatement.
6.16.070 Hearing on Costs of Abatement.
6.16.080 Alternative Abatement Procedures for Property Located
Within the Wildland-Urban Interface Fire Area, Very
High Fire Hazard Severity Zones, or High Hazard Fire
Areas.
6.16.090 Special assessments—Lien.
6.16.100 Cost assessment.
6.16.110 Cost paid to City.
6.16.120 Correction of erroneous assessment.
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6.16.001 TITLE.
This chapter shall be known and may be cited as the "weed and refuse control ordinance" of
the City of Anaheim.
6.16.010 DEFINITIONS.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein, unless the context indicates that a different meaning is intended:
.010 "abatement order" means an order issued by a Hearing Officer pursuant to Section
6.16.030 or Section 6.16.080 of this Chapter.
.020 "designated officer" means appointed by the City Manager.
.030 "Lot" means any lot, parcel, tract or piece of land, improved or unimproved, including
the sidewalk area abutting or adjoining the lot, parcel, tract or piece of land; and the parkways, or
areas lying between the curbline and the street line of the adjoining or abutting lot, bounded on
the sides by the prolongations in straight lines of the side lines of the lot in front of which such
parkway or area exists.
.040 "Private premises" means:
.0401 Any dwelling, house, building or other structure, designed or used either wholly or in
part for private residential purposes, whether inhabited or temporarily or continuously
uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or
vestibule belonging or appurtenant to such dwelling, house, building or other structure;
.0402 Business establishments, commercial, industrial or manufacturing buildings, lots, yards,
grounds, walks, driveway, porch, steps belonging or appurtenant to such establishment or
adjacent thereto.
.050 "Public place" means any and all streets, sidewalks, boulevards, alleys or other public
ways and any and all parks, public squares, spaces, grounds and buildings.
.060 'Brush" means branches of trees sheared therefrom, a thicket of shrubs or bushes.
.070 "Noxious growth" means weeds, vines, grasses or brush which bear seeds of a wingy or
downy nature, or which attain a high growth as to become a fire menace when dry, or which
contain poisonous oils that become dangerous to the life and health of the community.
.080 "Refuse" includes rubbish, garbage, rubble or any refuses, rejected or discarded matter or
property.
.090 "Street line" means the boundary line between a public street right-of-way and an
abutting lot, or between a private street open to public use and an abutting lot.
6.16.015 NOXIOUS GROWTH AND REFUSE.
No owner or person managing or having control, charge, occupancy or possession of any lot or
private premises shall:
.010 Allow noxious growth or growths otherwise dangerous to the life, health, comfort or
convenience of the community to grow or remain upon such lot or private premises;
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.020 Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or
private premises;
.030 Suffer or permit any noxious growth to grow or exist in excess of six inches above the
grade in the area of growth;
.040 Allow or place refuse, rubbish, or rubble, etc. on any lot or private premises or in such
quantity as to be unsightly, unhealthful, or so as to interfere with the abatement of noxious
growth under this chapter.
It is the duty of every such owner or person to prevent such growth or existence. To establish a
prima facie violation of this section, it shall not be necessary to establish any facts except that the
accused person owned, managed or had charge, control or occupancy of a lot or private premises
whereon such condition existed or occurred.
6.16.020 NOTICE REQUIRING REMOVAL OF NOXIOUS GROWTH AND/OR
REFUSE.
.010 If and when it shall appear to the designated officer that noxious growth and/or refuse
exist upon or are growing upon or have been placed upon or in front of any lot or private
premises, in violation of any of the provisions of this chapter (or any other provision of this
Code) the designated officer may, by appropriate written notice, direct the removal thereof and
shall cause notices to be served upon the owner and concurrently posted upon or in front of such
lot to the effect that such noxious growth and/or refuse must be removed within ten days from
and after the date of such service and posting.
Notice shall be in substantially the following form:
NOTICE TO DESTROY NOXIOUS GROWTH
NOTICE IS HEREBY GIVEN that on the date set forth below and in
accordance with the provisions of Chapter 6.16 (Weed Abatement) of
Title 6 (Public Health and Safety) of the Anaheim Municipal Code, the
[insert title of designated officer] determined that
"noxious growth" such as weeds, vines, grasses or brush are growing
upon or have accumulated upon or exist on or in front of the premises
situated in the City of Anaheim, known and designated as
_[address] in said City, and more particularly described as
in violation of said chapter. Said alleged violations
consist of the following:
NOTICE IS FURTHER GIVEN that the owner shall without delay remove
such noxious growth; otherwise, if the owner shall fail to remove such
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noxious growth within ten (10) days after the date of this notice, such
noxious growth will be removed, destroyed and abated by the City in
accordance with the provisions of Chapter 6.16 (Weed Abatement) of
Title 6 (Public Health and Safety) of the Anaheim Municipal Code. All
costs of abatement including those for inspection, administration,
destruction and removal will be assessed upon the premises from which,
or in front of which, such noxious growth was removed, destroyed and
abated, such costs will constitute a lien upon such premises until paid.
NOTICE IS FURTHER GIVEN that the owner having any objections or
protests to the proposed destruction of noxious growth is hereby
notified to file a written statement of such objections or protests,
specifying the address or description of the property concerned, the
reasons for objections, accompanied by any required fee or fees
established by resolution of the City Council, and the name, address,
phone number (if any), email address (if any), and status (owner,
manager, lessee, tenant, or other) of the objector and any authorized
representatives of the objector, which statement must be received by the
City Clerk within five (5) calendar days of the date the written notice is
served upon the owner.
Dated:
CITY OF ANAHEIM
By:
[insert name and title of
designated officer or his or her authorized representative]
NOTICE TO REMOVE REFUSE
NOTICE IS HEREBY GIVEN that on the date set forth below and in
accordance with the provisions of Chapter 6.16 (Weed Abatement) of
Title 6 (Public Health and Safety) of the Anaheim Municipal Code, the
[insert title of designated officer] determined that
"refuse", as defined in Chapter 6.16 (Weed Abatement) of Title 6 (Public
Health and Safety) of the Anaheim Municipal Code, exists upon or has
accumulated upon or has been left deposited or abandoned on or in front
of the premises situated in the City of Anaheim, known and designated
as _(address] in said City, and more particularly described as
in violation of said chapter. Said alleged violations
consist of the following:
NOTICE IS FURTHER GIVEN that the owner shall without delay remove
such refuse; otherwise, if the owner shall fail to remove such refuse
within ten (10) days after the date of this notice, such refuse will be
removed by the City in accordance with the provisions of Chapter 6.16
(Weed Abatement) of Title 6 (Public Health and Safety) of the Anaheim
Municipal Code. All costs of abatement including those for inspection,
administration, destruction and removal will be assessed upon the
premises from which or in front of which such refuse was removed or
abated and such costs will constitute a lien upon such premises until paid.
NOTICE IS FURTHER GIVEN that the owner having any objections or
protests to the proposed removal of refuse is hereby notified to file a
written statement of such objections or protests, specifying the address
or description of the property concerned, the reasons for objections,
accompanied by any required fee or fees established by resolution of the
City Council, and the name, address, phone number (if any), email
address (if any), and status (owner, manager, lessee, tenant, or other) of
the objector and any authorized representatives of the objector, which
statement must be received by the City Clerk within five (5) calendar days
of the date of this notice.
Dated:
CITY OF ANAHEIM
By:
[insert name and title of
designated officer or his or her authorized representative]
Such notices shall be conspicuously posted on or in front of the lot on or in front of which the
condition exists, as follows:
.0101 One notice shall be posted on or in front of each separately owned lot or parcel;
.0102 Not more than two notices shall be posted to any parcel of fifty to one hundred feet
frontage;
.0103 Notices shall be placed at intervals of not more than two hundred feet if the frontage of
a parcel is greater than one hundred feet, with one notice for each two hundred feet of frontage.
.020 The person effecting posting and service of any notice under this Section may
memorialize the service by written declaration under penalty of perjury, declaring the date, time,
and manner that service was made, and the date and place of posting, if applicable. The
declaration, along with any receipt card returned in acknowledgment of receipt by certified mail,
shall be affixed to a copy of the notice and retained by the designated officer.
.030 The failure of the owner to accept or receive notice by regular or certified mail shall not
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affect the power of the City or its officers or employees to proceed as provided in this chapter.
Such notice shall be mailed not less than (10) ten days prior to the date set for performing the
noxious growth and refuse abatement work.
6.16.030 HEARING.
.010 Any owner of property in receipt of a Notice to Destroy Noxious Growth and/or Remove
Refuse and having any objections or protests to the removal, destruction and abatement of noxious
growth and/or refuse (as the case may be) is hereby notified to file a written statement of such
objections or protests, specifying the address or description of the property concerned, the reasons
for objections, accompanied by any required fee or fees established by resolution of the City
Council, and the name, address, phone number (if any), email address (if any), and status (owner,
manager, lessee, tenant, or other) of the objector and any authorized representatives of the objector,
which statement must be received by the City Clerk within five (5) calendar days of the date the
written notice is served upon the owner.
.020 Upon receipt of a written statement from the owner setting forth objections or protests, the
City Clerk shall designate an "Employee Hearing Officer" or, if the City Attorney shall consent,
a "Stipulated Hearing Officer", as said terms are defined in subsection .010 of Section 1. 12.110
(Appointment of Hearing Officer) of this code (each of these is hereinafter referred to as the
"Hearing Officer"), to hear the objections or protests at an administrative hearing and will serve
notice upon the owner of the time and place of the date at which said Hearing Officer will hear
and consider such objections or protests. Such hearing shall not be sooner than three (3) days
after such notice has been served upon the owner.
.030 On the date and at the time and place stated in the notice served upon the owner by the
City Clerk, the Hearing Officer shall hear and consider all objections to the proposed removal
and abatement of conditions. The Hearing Officer may continue the hearing from time to time.
.040 The failure of the objector to appear at the hearing shall constitute a failure to exhaust his
or her administrative remedies.
.050 At the conclusion of the hearing, the Hearing Officer shall issue a decision, based on the
preponderance of evidence, to uphold or overturn the determination of the designated officer. If
the Hearing Officer upholds the determination of the designated official, he or she may direct the
owner of the property upon which the noxious growth or refuse exists to abate it within seven (7)
days after the date of the service of the order of the Hearing Officer or within such additional time
as the Hearing Officer may grant if, in his or her opinion, good cause for an extension exists (herein
referred to as the "abatement order"). If the determination of the designated officer is not upheld
by the Hearing Officer, he or she may remand the matter to the designated officer with directions
to modify or withdraw the notice.
.060 The abatement order shall specify that, unless the noxious growth and/or refuse is removed
and abated within seven (7) days (or such longer period of time as the Hearing Officer may grant)
after the date of the service of the abatement order upon the owner, the designated officer is
authorized and ordered to abate same and, if necessary, to enter upon or onto the private property
of the owner without further notice or liability therefor in order to remove, destroy and abate the
noxious growth and/or refuse. The designated officer shall serve by registered or certified mail,
return receipt requested, postage prepaid, a copy of the abatement order forthwith upon those
persons who have filed written statements of objections. The abatement order shall include
notification of the owner's right to appeal the decision of the Hearing Officer.
.070 The decision of the Hearing Officer shall be final and conclusive unless appealed in
accordance with Section 6.16.050.
6.16.040 ABATEMENT BY CITY.
.010 If the nuisance is not abated within the time set forth in the notice(s) required under Section
6.16.020 where the owner fails to timely file his or her written statement of objections or protests
or, following the timely filing of the owner's written statement of objections or protests and the
holding of a hearing in accordance with Section 6.16.030 and the issuance of an abatement order
by the Hearing Officer, the City may proceed to abate the nuisance, unless in the case of the
issuance of an abatement order by the Hearing Officer an appeal has been filed pursuant to Section
6.16.050.
.020 Abatement by the City pursuant to an abatement order or following an appeal of the
abatement order, if any, may, in the discretion of the designated officer, be performed by City
employees and/or one or more private contractors hired by the City. The designated officer and/or
one or more private contractors hired by the City, and their work force and equipment may enter
upon any private property and abate any nuisance found thereon, or in front thereof, provided that
either the time given by the designated officer in the notice to abate such nuisance under Section
6.16.020 or, in the case of the issuance of an abatement order by the Hearing Officer under Section
6.16.030, has expired and no timely appeal of the abatement order of the Hearing Officer has been
filed pursuant to Section 6.16.050.
6.16.050 APPEAL OF ABATEMENT ORDER
.010 The decision of the Hearing Officer rendered in accordance with Section 6.16.030 maybe
appealed to the City Council by the owner of the property or by any member of the City Council.
Notice of the appeal shall be filed with the City Clerk within ten (10) calendar days after the
decision of the Hearing Office rendered in accordance with Section 6.16.030 has been served upon
the owner. Late notices of appeal will not be considered. Hearings on such appeals shall be limited
to those issues raised in the notice of appeal. Notice of the hearing on an appeal shall be served
upon the owner by the City Clerk not less than ten (10) calendar days prior thereto.
.020 The filing of a timely notice of appeal shall stay any further proceedings under the
determination appealed from until the City Council or its appointed Hearing Officer (as the case
may be) has made its determination.
.030 Pursuant to Section 1.12.110, the City Council may appoint a Hearing Officer to conduct
such appeal hearings; provided, however, that the Hearing Officer shall not be the same Hearing
Officer who rendered the decision from which the appeal is being taken.
.040 At the hearing, the owner shall be given the opportunity to testify and to present evidence
concerning the determination that is the subject of the appeal. The owner shall raise any and all
legal and factual issues and claims concerning the determination that is the subject of the appeal.
The hearing need not be conducted in accordance with the technical rules of evidence. Any
relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed
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to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory
rule which might consider such admission improper in a civil action.
.050 After considering the testimony and evidence presented at the hearing, the City Council or
its appointed Hearing Officer (as the case may be) shall issue a written decision, including the
findings on which the decision was made, based on the preponderance of evidence, to uphold or
overturn the original determination that is the subject of appeal. If the determination is overturned,
the City Council or its appointed Hearing Officer (as the case may be) may remand the action to
the designated officer with directions to modify the determination.
.060 The decision made by the City Council or its appointed Hearing Officer (as the case may be)
shall become final and conclusive when served upon the owner.
6.16.060 COST OF ABATEMENT.
The designated officer shall cause to be kept an itemized account of the costs of abatement. The
designated officer shall cause to be posted conspicuously on the property and shall also serve the
owner of the property by certified mail a statement showing the cost of the abatement.
6.16.070 HEARING ON COST OF ABATEMENT.
.010 The owner may protest the cost of abatement by filing a written request with the City Clerk
for a hearing before the Hearing Officer who issued an abatement order pursuant to Section
6.16.030 within ten (10) calendar days of the service of the statement of costs described in Section
6.16.060. Upon receipt of such a request, the City Clerk shall schedule a hearing before the
Hearing Officer and serve upon the owner written notice by certified mail of no less than ten (10)
calendar days from the date of the notice.
.020 At the time fixed for the hearing on the statement of costs, the Hearing Officer shall consider
the statement and protests or objections raised by the person liable to be assessed for the cost of
the abatement. The Hearing Officer may revise, correct, or modify the statement as it considers
just and thereafter shall confirm the cost. The decision of the Hearing Officer shall be issued in
writing, shall be final and conclusive, and shall be served upon the owner by the City Clerk by
certified mail.
6.16.080 ALTERNATIVE ABATEMENT PROCEDURES FOR PROPERTY
LOCATED WITHIN THE WILDLAND-URBAN INTERFACE FIRE
AREA, VERY HIGH FIRE HAZARD SEVERITY ZONES, OR HIGH
HAZARD FIRE AREAS
.010 If and when it appears, in the opinion of the Fire Chief, or his or her authorized
representatives, that any condition of noxious growth and/or refuse described in this chapter
constitutes an extreme fire hazard and/or an immediate threat, menace or danger to public health,
safety and welfare on property located within the "Wildland-Urban Interface Fire Area", "Very
High Fire Hazard Severity Zones (as such terms are defined in Title 16 (Fire) of this code), or on
property otherwise designated by the Fire Chief as "high hazard fire areas", and it is deemed
necessary by the Fire Chief, or his or her authorized representatives, to abate such condition or
nuisance as promptly as possible, the Fire Chief, or his or her authorized representatives, may by
written notice direct the removal thereof and shall cause such notice to be posted in the locations
described in Section 6.16.020, which notice shall also be given either: (1) by personal delivery to
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the owner (and a receipt therefor obtained, unless refused to be given), or (2) delivered by
overnight delivery service, or (3) dispatched by both regular and certified mail, postage prepaid,
return receipt requested, addressed to the owner, whichever the Fire Chief, or his or her authorized
representatives, shall determine to be the best means of reaching the actual owner. The person
effecting service of any notice under this Section 6.16.080 may memorialize the service by written
declaration under penalty of perjury, declaring the date, time, and manner that service was made,
and the date and place of dispatching or posting, if applicable. The declaration, along with any
receipt card returned in acknowledgement of receipt by certified mail or receipt returned by
overnight delivery service, shall be affixed to a copy of the notice of violation and retained by the
Fire Chief, or his or her authorized representatives. Service of any such notice so made by personal
delivery, overnight delivery service, or by regular and certified mail, shall be deemed complete on
the date of actual delivery or at the expiration of the third (3rd) business day after the date of
dispatch, whichever is earlier in time. Such condition or public nuisance shall be abated within
such time as the Fire Chief deems appropriate and prescribes in the written notice requiring
abatement but not sooner than seventy-two (72) hours after dispatch of such notice.
.020 Notices given pursuant to subsection .010 of this Section 6.16.060 shall be in the same form
as set forth in 6.16.020 except that time period provided to the owner to remove, destroy or abate
the noxious growth and/or refuse must be at least 72 hours. The notice shall include information
as to the (i) date and time of posting; and, (ii) other deliver method. The notice shall specify that
any objections or protests to the proposed removal of noxious growth and/or refuse, must consist
of a written statement of such objections or protests, specifying the address or description of the
property concerned, the name, address, phone number (if any), email address (if any), and status
(owner, manager, lessee, tenant, or other) of the objector and any authorized representatives of the
objector, which statement must be received by the City Clerk within two (2) calendar days after
the date a copy of the notice has been served upon the owner
.030 Any owner of property upon which a public nuisance has been declared to exist pursuant to
this Section 6.16.080 having any objections or protests to the proposed removal of noxious growth
and/or refuse (as the case may be) is hereby notified to file a written statement of such objections
or protests, specifying the address or description of the property concerned, the reasons for
objections, accompanied by any required fee or fees established by resolution of the City Council,
and the name, address, phone number (if any), email address (if any), and status (owner, manager,
lessee, tenant, or other) of the objector and any authorized representatives of the objector, which
statement must be received by the City Clerk within two (2) calendar days of (a) the date the
written notice is personally served upon the owner, or (b) the date of actual delivery by overnight
delivery service or by regular and certified mail, postage prepaid, return receipt requested,
whichever is earlier in time.
.040 Owner's Statement of Objections or Protests; Assignment of Hearing Officer. Upon receipt,
if at all, of a written statement from the owner setting forth the owner's objections or protests to
the Notice to Remove Noxious Growth and/or Refuse, the City Clerk shall designate an "Employee
Hearing Officer" or, if the City Attorney shall consent, a "Stipulated Hearing Officer", as said
terms are defined in subsection .010 of Section 1. 12.110 (Appointment of Hearing Officer) of this
code (each of these is hereinafter referred to as the "Hearing Officer"), to hear the objections or
protests at an administrative hearing and will notify the owner or the person aggrieved in writing
of the time and place of the date at which said Hearing Officer will hear and consider such
objections or protests. Such hearing shall not be sooner than three (3) days after the earlier to
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occur of the date such notice has been either (a) personally served upon the owner by the City
Clerk or the City Attorney, or one of their representatives, or by a private contractor hired by either
the City Clerk or the City Attorney, or (b) the date that such notice is delivered to the owner by
either overnight delivery service or by regular and certified mail, postage prepaid, return receipt
requested.
.050 At the conclusion of the hearing, the Hearing Officer shall issue a decision, based on the
preponderance of evidence, to uphold or overturn the determination of the designated officer. If
the Hearing Officer upholds the determination of the designated officer, he or she may direct the
owner of the property upon which the noxious growth or refuse exists to abate it within such time
as the Hearing Officer determines based on good cause (the "abatement order"). If the
determination of the designated officer is not upheld by the Hearing Officer, he or she may remand
the matter to the designated officer with directions to modify or withdraw the notice. All provisions
of 6.16.030 shall apply unless otherwise provided for in this section.
.060 The abatement order shall be delivered to the owner by the Fire Chief, or his or her
authorized representatives, either: (1) by personal delivery to the owner, or (2) dispatched by either
overnight delivery service or by regular and certified mail, postage prepaid, return receipt
requested.
.070 The abatement order shall specify that, unless the nuisance is removed and abated within
such time as the Hearing Officer shall order, the City is authorized and ordered to abate same and,
if necessary, to enter upon or onto the private property of the owner without further notice or
liability therefor in order to abate the nuisance. Abatement of the nuisance may, in the discretion
of the Fire Chief, be performed by City employees and/or one or more private contractors hired by
the City.
.080 The decision of the Hearing Officer shall be deemed final and conclusive.
6.16.090 SPECIAL ASSESSMENTS — LIEN.
The cost of abatement upon or in front of each lot constitutes a special assessment against that
lot. After the assessment is made and confirmed, it is then a lien on the lot.
6.16.100 COST ASSESSMENT.
After confirmation of the report, a certified copy of the same shall be filed with the County
Assessor on or before August tenth of each year. The descriptions of the parcels reported shall be
those used for the same parcels on the County Assessor's Map Book for the current year. The
County Assessor shall enter each assessment on the County Tax Roll opposite the parcel of land.
The amount of the assessment shall be collected at the time and in the manner of ordinary
municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of
foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County
Tax Collector, in his discretion, may collect the assessments without reference to the general
taxes by issuing separate bills and receipts for the assessments. Laws relating to the levy,
collection and enforcement of County taxes shall apply to such special assessment taxes.
6.16.110 COST PAID TO CITY.
The designated officer shall receive the amount due on the abatement cost and shall issue
receipts2 at any time after the confirmation of the report. The designated officer may bill the
owner of record directly at any time he shall desire.
12
6.16.120 CORRECTION OF ERRONEOUS ASSESSMENT.
.010 Any assessment erroneously made maybe canceled or reduced so as to correct any error,
and the tax paid on account thereof, not including any penalties or interest, may be refunded to
the person who paid the assessment, in accordance with the following procedure:
.0101 A claim of error maybe filed with the City Clerk at anytime before the expiration of
one year following April tenth of the tax year in which such assessment appears or would first
appear on the tax bill for the affected property. Such claim shall be in writing, in such form and
detail as shall be required by the City Clerk and shall be verified.
.0102 Any claim filed shall be forwarded to the designated officer for review and report to the
Finance Director. If the designated officer shall determine that such assessment was erroneously
made, in whole or in part, the Finance Director shall request the Orange County Board of
Supervisors to direct the County Auditor -Controller to correct the tax rolls as to the affected
property by removing or reducing the erroneous assessment, and the direction of the Finance
Director shall be authority for the Auditor -Controller so to correct the tax rolls. If such
assessment shall have been paid, the part determined to be erroneously levied shall be refunded
to the person who paid the same, by the Finance Director. In lieu of proof otherwise, the Finance
Director may presume that the person or persons to whom the abatement cost was assessed was
the person or persons who paid the same.
.0103 Any claimant whose claim is not favorably acted upon in whole or in part within sixty
days after the filing of the same, or whose claim is denied in whole or in part by the Finance
Director, may, within ten days after such denial or after the expiration of such period, appeal
such denial or failure to act favorably to the City Council by written letter filed with the City
Clerk.
.0104 The City Council shall consider such disputed assessment at an open meeting, upon
reasonable notice to the claimant, and shall afford the claimant an opportunity to be heard. If the
City Council shall find the disputed assessment to be erroneous in whole or in part, it may direct
the Finance Director to correct the assessment accordingly, to cause the tax rolls to be corrected,
and to make a refund of any portion of the assessment paid, all in the manner as hereinabove
provided for such corrections and refunds.
.0105 Not later than thirty days after the correction of any assessment or refund of any
moneys hereunder, except by direction of the City Council, the Finance Director shall transmit to
the City Council a report of such action, together with the report of the designated officer.
.020 Whenever the tax rolls have been corrected or a refund has been made hereunder by
reason of an erroneous assessment, a corrected written report of the type required by Section
6.16.120 relating to the work for which such erroneous assessment was levied may be prepared
by the officer who prepared the original report. Such report shall show the cost of abatement
upon, or in front of the lot where the work has been done and shall state that it is proposed to
assess such cost against such lot. A copy of such corrected report shall be mailed to the owner of
the lot as shown upon the current assessment roll.
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be
13
invalid, it is the intent of the City Council that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 3. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty
or the penal provisions applicable to any violation thereof. The provisions of this ordinance,
insofar as they are substantially the same as ordinance provisions previously adopted by the City
relating to the same subject matter, shall be construed as restatements and continuations, and not
as new enactments.
SECTION 4. CERTIFICATION; PUBLICATION BY CLERK.
The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance
or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim
Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 2 7 t1day of February , 2018, and thereafter passed and
adopted at a regular meeting of said City Council held on the 6thday of March '2018,
by the following roll call vote:
AYES: Mayor Tait and Council Members Murray, Vanderbilt,
Barnes, Kring and Faessel
NOES: None
ABSENT: Mayor Pry; `. em Morerib-
ABSTAIN: None.
CITY OF EIM
By: I IL
MAYOR OF THE CITY OF ANAHEIM
ATTF,
CI OF THEI CITY OF ANAHEIM
(Acting)
126313/LM
14
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
ss.
CLERK'S CERTIFICATE
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6430 introduced at a regular meeting of the City Council of the City
of Anaheim, held on the 271 day of February, 2018, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 6' day of March, 2018, by the
following vote of the members thereof:
AYES: Mayor Tait and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel
NOES: None
ABSENT: Mayor Pro Tem Moreno
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March, 2018.
G CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
At !a/
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
March 15, 2018
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: March 15, 2018
Signature
Anaheim Bulletin
2190 S. Towne Centre Place Suite D
Anaheim, CA 92806
(714) 796-2209
PROOF OF PUBLICATION
PUBLICATION
CITY OF ANAHEIM -�
ORDINANCE NO. 6430
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 6.16 (WEED ABATEMENT) ur
OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE
(PUBLIC'HEALTH AND SAFETY) OF THE ANA-
HEIM MUNICIPAL CODE REQUIRING LANDOWN-
ER$ TO KEEP THEIR. PROPERTY FREE OF
BRUSH, REFUSE AND/OR NOXIOUS GROWTH AND
ALLOWING THE CITY TO ABATE THE SAME ON
AN EXPEDITED BASIS IN CASES OF EXTREME
FIRE .DANGER, AND FINDING AND DETERMIN-
ING PURSUANT TO THE CALIFORNIA ENVIRON-
MENTAL QUALITY ACT (CEQA) THAT THIS ORDi-
NANCE IS NOT A PROJECT PURSUANT TO SEC-
TIONS 15060(C)(2), 15060(C)(3) AND 15378 OF THE
CEQAGU'IDELINES
This ordinance amends Chapter 6.16 (Weed Abatement) of the Ana-
helm Municipal Code for the Purpose of updating the noticing, proce ,
dural and cost -recovery provisions In Chapter 6.16 and also provides
the City with the ability to abate, on an expedited basis, brush, noxi-
ous growth and/or refuse posing on extreme fire danger within the
Wildland-Urban Interface Fire Area, the Very High Fire Hazard Se -
I, Theresa` -B; �cin9'�IiYGterR"aF'ttfe:C�Y ''
certify that the fol'egoing is a summary of Ordinance No. 6430, whl
ordinance was introduced at a regular meeting of the City Councit-of
the City of Anaheim on the 27th day of February, 2018 and was 61i ;
Passed and adopted at a regular meeting of said Council held on the
6th day of March, 2018 by the following roll call vote of the members
thereof: '
AYES: Mayor Tait and Council Members Murray, Vanderbilt,`;
Bornes, Kring, and Faessel - !
NOES: None ;
ABSENT: Mayor Pro Tem Moreno
ABSTAIN: None
The above summary is a brief descriptionof the subject matter. conr. I
tained in the text of Ordinance No. 6430, which has been prepared 1}t= ;
suant to Section $12 of the Charter of the City of Anaheim. This,sum-
mory does not include or describe every provision of the ordind"nce ;
and�sf3ould not be relied on as a substituter for the full text of the ordi-
,
nonce, ,
To obtain a copy of the full text of the ordinance, please contact it 4 e R
Office of the City Clerk, (714) 765.5166, between 8:00 AM and 5:00 PM,;'
Monday through Friday. There is no charge for the copy. -_
126847/LHM °: 4
Published Anaheim Bulletin March 15 2018 11090821
41
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6430 and was published in the Anaheim Bulletin on the 15TH day of
March, 2018.
ACTING Cl Y CLERK OF THE
CITY OF ANAHEIM
(SEAL)