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,
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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.
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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.. ..
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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:
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City Clerk
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