*Editor's Note: Section III of Ordinance 007-90C.S. renumbered the existing Division 4 to Division 5, and provided for a new Division 4, Heritage Trees.
SEC. 5-048. GROWTH OR EXISTENCE OF CERTAIN BUSHES, HEDGES, TREES, SHRUBS, ETC., ON SIDEWALKS OR PREMISES DECLARED NUISANCES:
The growth or existence upon the sidewalk of any public street, or upon any premises abutting thereon, of bushes, hedges, trees or shrubs which in any manner interfere with or obstruct or endanger the passage of pedestrians or vehicles along such sidewalk or street or unreasonably obstruct the view of motorists at intersections of said street or streets, and the growth or existence upon the sidewalk space of any public street or upon any premises abutting thereon of weeds which by decaying or burning might endanger health or property, and the depositing or accumulation of rubbish, trash, garden refuse, tree trimmings, ashes, or tin cans upon premises, are each hereby declared to be a nuisance.
(As Amended by Ordinance No. 2239 Approved Jan.30, 1950)
SEC. 5-049. PARTIAL (NON-EXCLUSIVE) LIST DEEMED TO BE NUISANCE UNDER SECTION 5 048:
The following conditions of vegetation shall be deemed to be a non-exclusive list of nuisances within Section 5-048, and conditions to be corrected under Section 5-050.
1. A tree with limbs overhanging the paved street or paved sidewalk less than ten (10) feet above such street or sidewalk.
2. A tree:
(a) within thirty-five (35) feet of the intersection of curb lines of streets if in the public way, or
(b) within twenty-five (25) feet of the intersection of curb lines if on private premises abutting the public way.
(c) if its limbs (or limb) at a point two (2) feet or more from the trunk of said tree are less than forty-eight (48) inches from the surface of the ground.
3. A hedge, bush or shrub overhanging the paved street or paved sidewalk.
4. A hedge, bush or shrub:
(a) within thirty-five (35) feet of the intersection of curb lines of streets if in the public way, or
(b) within twenty-five (25) feet of the intersection of curb lines of streets if on private premises abutting the public way, if it is more than thirty (30) inches high from the surface of the ground.
5. The limb of a tree or a hedge, bush or shrub which is so situated in or above the space between a sidewalk and the curb, as to obscure and impair the reading by motorists in the abutting paved portion of the street of stop signs or other traffic signs or control devices in said space between the sidewalk and curb.
(Ordinance 359-C.S. Effective Feb. 11, 1960)
SEC. 5-050. GROWTH OR EXISTENCE OF BUSHES, HEDGES, TREES OR SHRUBS ON SIDEWALKS OR PREMISES WHICH OBSTRUCT PASSAGE OR VIEW NOTICE TO REMOVE OR ABATE:
Whenever any bush, hedge, tree or shrub upon the sidewalk of any public street, or upon any premises abutting thereon, interferes with or obstructs or endangers the passage of pedestrians or vehicles along such sidewalk or street, or unreasonably obstructs the view of motorists at intersections of said street or streets, the Fire Chief or the Director of Community Development or their designees shall give written notice to the owner, tenant or person having charge or control of the premises on or in front of which such weeds are growing, to remove such weeds, and it shall be unlawful for such owner, tenant, or person having charge or control of such premises to fail or neglect to remove such weeds from such sidewalk or premises within five (5) days after service on them of said notice.
(Ordinance 3533-C.S. Effective Feb. 25, 1982)
SEC. 5-051. EXISTENCE OF DECAYING WEEDS ON PREMISES NOTICE TO REMOVE OR ABATE:
A. Whenever there shall be standing, growing or existing upon any premises, any weeds which by burning or decaying might endanger the health or safety of persons or property, the Fire Chief or the Director of Community Development or their designees shall give notice to the owner, tenant. or person in charge of such premises to remove or abate such weeds within five (5) working days of receipt of such notice.
B. Notice shall consist of conspicuous posting of the subject property and by mailing to the last known address of the owner, tenant, or person in charge of the parcel, as reflected in the records of the Tax Collector of the County of San Joaquin, return receipt requested.
C. It shall be a misdemeanor for any owner, tenant, or person in charge or control of any premises posted pursuant to the provisions of this Section to fail or refuse to remove or abate such weeds within five (5) working days from and after receipt of notice as described above.
(Ordinance 3533-C.S. Effective Feb. 25, 1982)
SEC. 5-052.
(Repealed by Ordinance 3533-C.S. Effective Feb. 25, 1982)
SEC. 5-053. DEPOSIT OF RUBBISH, TRASH, GARDEN REFUSE, ASHES, TIN CANS, ETC. ON STREETS UNLAWFUL:
It shall be unlawful for any person to throw or deposit any rubbish, trash, garden refuse, tree trimmings, ashes or tin cans, or any other offensive or nauseous substances upon any streets or premises within this City, except as herein provided.
(Ordinance 1224 Approved March 30, 1931)
SEC. 5-053.1. EXCEPTIONS:
Whenever any rubbish, trash, garden refuse, tree trimmings, ashes, tin cans, or other offensive or nauseous substances shall have been thrown or deposited upon any street or premises in this City, or shall have accumulated thereon, the Chief of Police shall given written notice to the owner, tenant or person having charge or control of said premises to remove therefrom the substances so deposited or accumulated, or in lieu thereof, on those premises which are six (6) inches or more below the nearest curb, to cover the same with soil to a depth of at least six inches, and it shall be unlawful for the owner, tenant or person having charge or control of said premises to fail to remove therefrom said rubbish, trash, garden refuse, tree trimmings, ashes, tin cans, or other offensive or nauseous substances, or on those premises which are six (6) inches or more below the nearest curb grade, to cover the same with soil as herein provided, within five (5) days after the service upon him of said notice.
(As Amended by Ordinance 1224 Approved March 30, 1931)