SEC. 5-026. EXISTENCE OF WEEDS OR RUBBISH AS NUISANCES:
All weeds (including wild grasses) located upon any private property or any public street, sidewalk, easement or alley abutting thereon within the City of Stockton which bear or may bear seeds of a downy or wingy nature and which may attain such large growth as to become, when dry, a fire menace to health and safety or are otherwise noxious or dangerous, and all weeds, rubbish, refuse or other material dangerous or injurious to neighboring property or the health or welfare of residents in the vicinity, located upon any private property or any public street, sidewalks, easement or alley abutting thereon within the City of Stockton may be declared a nuisance by the City Council of the City of Stockton and thereafter abated as herein provided.
(Amended by Ordinance 3615-C.S. — Effective Jan. 6, 1983)
SEC. 5-026.1. WEED AND RUBBISH ABATEMENT PROVISIONS — NOT EXCLUSIVE:
The provisions of this Chapter pertaining to the abatement of weeds, noxious growth, rubbish, refuse and dirt shall supplement and not supplant the provisions of the Uniform Fire Code, as adopted by reference in Chapter 4, Section 4-001 of this Code, nor any similar provisions herein. The more stringent regulation shall apply.
(Amended by Ordinance 3615-C.S. — Effective Jan. 6, 1983)
SEC. 5-027. RESOLUTION DECLARING NUISANCE:
Whenever any such weeds are growing upon any private property or any public street, sidewalk, easement or alley abutting thereon within the City of Stockton, or whenever such rubbish or other material dangerous or injurious to neighboring property or the health or welfare of residents in the vicinity, exists and is located upon any private property or any public street, sidewalk, easement or alley, abutting thereon within the City of Stockton, the City Council of the City of Stockton may by resolution declare the same to be a public nuisance, which resolution shall order the Chief of the Fire Department to give notice of the passage of the said resolution, and stating therein, that unless such nuisance be abated without delay by destruction or removal of such weeds or rubbish then the city may cause said work of destruction or removal to be done and the expense thereof assessed against the property or in front, side or rear of which such weeds or rubbish shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds or rubbish.
(Amended by Ordinance 3615-C.S. — Effective Jan. 6, 1983)
SEC. 5-028. NOTICE TO DESTROY WEEDS AND RUBBISH:
After the passage of said resolution, the Chief of the Fire Department shall cause to be prepared a notice that shall be in substantially the following form:
NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT
Notice is hereby given that on the ___________ day of __________________19____ the City Council of the City of Stockton passed a resolution declaring that all weeds (including wild grasses), rubbish, refuse or dirt located upon private property or any public street, sidewalk, easement or alley abutting thereon within the City of Stockton as defined in Section 5-026 of the Stockton Municipal Code, constitute a public nuisance, which nuisance must be abated without delay by the destruction or removal thereof, otherwise the same will be destroyed or removed and the nuisance will be abated by the municipal authorities of the City of Stockton, in which case the cost of such destruction or removal shall be assessed upon the lots and land from which such weeds, rubbish, refuse and dirt shall have been destroyed or removed, and such cost will constitute a lien upon such lots and land until paid.
All persons having any objection to or interest in the proposed destruction or removal of such weeds, rubbish, refuse and dirt are hereby notified to attend a meeting of the City Council of the City of Stockton to be held in the City Hall, on the____________day of_____________ 19___ at the hour of______m. of said day, when their objections will be heard and given due consideration:
Dated this day of ____________________ 19___
________________________________________
Fire Chief
(Amended by Ordinance 3615-C.S. — Effective Jan. 6, 1983)
SEC. 5-028.1. PUBLICATION AND POSTING OF NOTICE:
The Chief of the Fire Department shall cause such Notice to be published at least twice in the official newspaper of the City of Stockton, the first publication of which shall be at least ten (10) days prior to the time fixed for hearing objections. Such Notice shall also be posted at least ten (10) days prior to the time fixed for hearing objections, in three prominent places in the City of Stockton, one of which shall be on the bulletin board at the City Hall.
(Repealed and Added by Ordinance 2571-C.S. — Effective Oct. 17, 1974)
SEC. 5-029. HEARING BY COUNCIL:
At the time stated in such Notice, the City Council shall hear and consider all objections, if any, to the proposed destruction or removal of such weeds, rubbish, refuse and dirt, and may continue the hearing from time to time. The City Council shall allow or overrule any and all of said objections. If the City Council finds that good and sufficient cause does not exist why said weeds, rubbish, refuse and dirt, shall not be destroyed or removed, the City Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of the destruction and removal of said weeds, rubbish, refuse, and dirt.
(Amended by Ordinance 3615-C.S. — Effective Jan. 6, 1983)
SEC. 5-030. ORDER TO ABATE NUISANCE:
The City Council shall, by resolution, order the Chief of the Fire Department to abate such nuisance, or cause the same to be abated, by having the weeds, rubbish, refuse or dirt referred to therein destroyed or removed by cutting, discing, chemical spraying, or any other method, as may be determined by the City Council, and the Chief of the Fire Department and his deputies, assistants, employees, contracting agents or other representatives, after written notification by mail to all property owners, are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall be advised by such written notification that he shall have the right to destroy or remove such weeds, rubbish, refuse or dirt, himself or have the same destroyed or removed at his own expense, provided that such weeds, rubbish, refuse or dirt, shall have been destroyed or removed prior to the arrival of the Chief of the Fire Department or his authorized agents or representatives to remove them. Said written notification shall also advise property owners regarding the hearing to be held by the City Council to confirm proposed assessments to be made against properties upon which the work of weed, rubbish, refuse or dirt, abatement has been performed by the Chief of the Fire Department or his designated agent.
(Amended by Ordinance 3615-C.S. — Effective Jan. 6, 1983)
SEC. 5-031. ACCOUNT AND REPORT OF COST:
The Chief of the Fire Department 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 by description, the descriptions of said lots or parcels on the County Assessor's map books for the current year, together with the expense proposed to be assessed against each separate lot or parcel of land.
(Repealed and Added by Ordinance 2571-C.S. — Effective Oct. 17, 1974)
SEC. 5-032. NOTICE OF REPORT AND HEARING:
The City Clerk shall post a copy of such report and assessment list in three prominent places in the City, one of which shall be on the bulletin board at the City Hall, 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. A like Notice shall also be published at least twice in the official newspaper of the City of Stockton. The posting and first publication of said Notice shall be made and completed at least ten (10) days before the time such report shall have been submitted to the City Council. Such Notice, as so posted and published shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND
ASSESSMENT FOR WEED AND RUBBISH
ABATEMENT
Notice is hereby given that on____________ 19_____the Chief of the Fire Department of the City of Stockton filed with the City Clerk of the City of Stockton a report and assessment on abatement of weeds, rubbish, refuse and dirt, within the City, one copy of which is posted on the bulletin board at the City Hall.
Notice is further given that on the ______________ day of 19________ at the hour of ________ p.m., in the Council Chambers of the City of Stockton, said report and assessment list will be presented to the City Council for consideration and confirmation and any and all persons interested having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.
Dated this _____________________________ day of_______________________________19_______
________________________________________
City Clerk
(Amended by Ordinance 3615-C.S. — Effective Jan. 6, 1983)
SEC. 5-033. HEARING AND CONFIRMATION:
Upon the day and hour fixed for receiving and considering such report and assessment list, the City Council shall hear and consider 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, and the Chief of the Fire Department, or his designated agent, shall attend such meeting with his record thereof, and upon such hearing the City Council may make such revision, correction or modification in the proposed assessments as it may deem just, after which such report and assessment list shall be confirmed by resolution. The City Council may adjourn the hearings from time to time for a period not to exceed thirty (30) days. The decision of the City Council on all objections which may be made shall be final and conclusive.
(Added by Ordinance 2571-C.S. — Effective Oct. 17, 1974)
SEC. 5-034. ASSESSMENT OF COST AGAINST PROPERTY:
The amount of the cost of abating such nuisance assessed upon the various lots or parcels of land respectively referred to in such report, if not paid within five (5) days after confirmation by the City Council, shall constitute special assessments against such respective lots or parcels of land and shall constitute liens against such properties for the amount of such assessments, until paid.
(Added by Ordinance 2571-C.S. — Effective Oct. 17, 1974)
SEC. 5-035. COLLECTION ON TAX ROLL:
On or before the tenth day of August of each year in which the said report and assessment list is confirmed by the City Council, the City Clerk shall cause a certified copy of said confirmed report to be filed with the County Auditor, County Assessor and County Tax Collector, in order that each such assessment which is unpaid may be entered on the county tax roll opposite the parcel of land affected thereby. Thereafter, such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and interest, and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are made applicable to such special assessments.
(Added by Ordinance 2571-C.S. — Effective Oct. 17, 1974)
SEC. 5-036. RIGHT OF ENTRY:
It shall be unlawful for any person, owner, agent, lessee, or person having charge of or occupying any lot or premises where any nuisance as defined in Section 5-026 hereof is reasonably believed to exist, to refuse to allow representatives of the City of Stockton to enter upon any such property during daylight hours, and where such nuisance exists as declared by the City Council pursuant to Section 5-027 for the purpose of abating same as provided in Section 5-030 hereof, after Notice has been given as provided in Section 5-028 hereof, or to interfere with said representatives of the City in any manner whatsoever in the removal of said nuisance. If Section 5-036 or any portion thereof is held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of Sections 5-025 through 5-035.
(Added by Ordinance 2571-C.S. — Effective Oct. 17, 1974)
Stockton, CA 
