ARTICLE 2. Alternative Procedures
Heading of Article 2 renumbered from Article 3 by Stats. 1955, Ch. 624.
§§ 39560–39588 · 34 sections
- § 39560 (a) “Superintendent” means street superintendent, the superintendent’s assistants and deputies, or other public officer designated by the legislative body to…
- § 39561 The legislative body may declare by resolution as public nuisances, and abate: (a) All weeds growing upon the streets, sidewalks, or private property in the…
- § 39561.5 “Weeds,” as used in this article, includes any of the following: (a) Weeds which bear seeds of a downy or wingy nature. (b) Sagebrush, chaparral, and any other…
- § 39562 The resolution shall: (a) Refer to the street by its commonly known name. (b) Describe the property upon which or in front of which the nuisance exists by…
- § 39562.1 At the time it adopts the resolution as provided for by Sections 39561 and 39562, the legislative body may also find and declare that weeds on specified…
- § 39562.2 In any case where cities are authorized to abate weeds pursuant to the provisions of this chapter and where the legislative body finds and declares that weeds…
- § 39563 Any number of streets, sidewalks, or parcels of private property may be included in one resolution.
- § 39564 After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the…
- § 39565 The heading of the notices shall be “Notice to destroy weeds and remove rubbish, refuse, and dirt” in letters not less than one inch in height.
- § 39566 The notice shall be substantially in the following form: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT Notice is hereby given that on the ____…
- § 39567 The notices shall be posted at least five days prior to the time for hearing objections by the legislative body.
- § 39567.1 As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the legislative body may direct the city clerk…
- § 39568 At the time stated in the notices, the legislative body shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It…
- § 39569 By motion or resolution at the conclusion of the hearing the legislative body shall allow or overrule any objections. At that time the legislative body…
- § 39570 The decision of the legislative body is final.
- § 39571 If objections have not been made or after the legislative body has disposed of those made, it shall order the superintendent to abate the nuisance by having…
- § 39572 The superintendent may enter upon private property to abate the nuisance.
- § 39573 Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owner’s own expense. Nevertheless, in any case in…
- § 39574 The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work.…
- § 39575 A copy of the report shall be posted for at least three days prior to its submission to the legislative body on or near the chamber door of the legislative…
- § 39576 At the time fixed for receiving and considering the report, the legislative body shall hear it with any objections of the property owners liable to be assessed…
- § 39576.5 Abatement of the nuisance may in the discretion of the legislative body be performed by contract awarded by the legislative body on the basis of competitive…
- § 39577 The cost of abatement in front of or upon each parcel of land and the costs incurred by the responsible agency in enforcing abatement upon the parcels,…
- § 39578 Except as provided in Section 39577, after confirmation of the report, a copy shall be given to the county auditor, who shall add the amount of the assessment…
- § 39579 Except as provided in Section 39577, if the county assessor and the tax collector assess property and collect taxes for the city, a certified copy of the…
- § 39580 The county auditor shall enter each assessment on the county tax roll opposite the parcel of land.
- § 39581 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…
- § 39582 As an alternative method the county tax collector in his discretion may collect the assessments without reference to the general taxes by issuing separate…
- § 39583 Laws relating to the levy, collection, and enforcement of county taxes apply to such special assessment taxes.
- § 39584 The superintendent may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until 10 days…
- § 39585 The legislative body may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied.…
- § 39586 If the legislative body finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of a nuisance…
- § 39587 The proceedings provided by this article are an alternative to any procedure established by ordinance pursuant to Article 1 (commencing with Section 39500).
- § 39588 The lien of said assessment shall have the priority of the taxes with which it is collected.