RESOLUTION 34-2026 ADOPTING PROCEDURES RELATING TO WEED NUISANCE ABATEMENT
POLICY TITLE: Weed Nuisance Abatement Procedure
Cambria Community Services District (CCSD) Municipal Code Section 6.05.050 provides that:
Weeds, grass, and combustible vegetation growing or accumulating upon private property within the district, which do, or will when dry, create a fire hazard and which by virtue thereof constitute a danger to the property and to neighboring property or the health or welfare of residents of the property and the people residing in the vicinity are hereby declared to constitute a public nuisance.
It also provides that, in addition to the annual weed abatement/fire hazard fuel reduction program, failure to maintain property in accordance with the standards set forth in Section 6.05.040 that constitutes a fire hazard and public nuisance are subject to abatement pursuant to Section 1.14.050.
Section 1.14.050 further provides that “...Whenever the department manager determines that public or private property or any portion of public or private property is a public nuisance under the district code, the department manager shall comply with the abatement notice and procedures adopted by the board of directors through district policy. Section 1.14.050 also states that “Once a department manager has complied with the procedures for noticing a nuisance and the time for compliance has lapsed, if the violation remains, the nuisance conditions may be abated by district personnel or by a private contractor. The board of directors shall set forth the process for abatement by district policy.
Accordingly, the following procedures shall be followed for abatement of Section 6.05.050 nuisances that are deemed to create a fire hazard:
A. The Fire Chief or their designee shall conduct periodic inspections of property within the District to determine whether any accumulation weeds, grass, and combustible vegetation growing or accumulating upon private property within the District constitutes a fire hazard pursuant to Section 6.05.050.
B. Upon a determination that any accumulation of weeds, grass, and combustible vegetation growing or accumulating upon private property within the District, which do, or will when dry, constitute a fire hazard, the Fire Chief or their designee shall send a written notice to the property owner and, if applicable, the customer of record (collectively, “responsible persons”), advising such persons that the weeds, grass, and combustible vegetation must be abated by the date set forth in the notice. The written notice shall advise all responsible persons that if accumulated weeds, grass, and combustible vegetation are not abated by a date certain, which shall not be less than 30 calendar days following the mailing or posting of the notice, the District will arrange for abatement at the expense of any and all responsible persons. The notice shall contain a section for a responsible person to return to the Fire Department to indicate whether the responsible person intends to perform the abatement, or whether the responsible person elects to have the Fire Department complete the abatement. The notice shall also contain a section for any person receiving the notice to advise the Fire Department if the property involved has been sold and to identify the new owner(s).
C. The notice sent to a responsible person pursuant to this section shall advise the responsible person that the action required by that notice can be appealed through the administrative hearing procedures set forth in CCSD Municipal Code Chapter 1.14 relating to Civil Administrative Citations.
D. If a responsible person does not either: (1) appeal the action requested by the notice, or (2) abate the weeds, grass, and combustible vegetation, the Fire Chief or his/her designee may contract with a private party or parties to cause the removal or abatement of the weeds, grass and combustible vegetation, and such parties shall have the right of entry to the same extent as the Fire Chief. In the event the Fire Chief retains a private party or parties to effect removal or abatement, such party or parties shall operate under the control of the Fire Chief, and the Fire Chief shall impose such conditions and limitations upon the authority of the private party as he finds necessary to protect the property and any persons thereon.
E. In addition to any costs incurred by the District for abatement activity taken under this section, an administrative fee will be charged to reimburse the District for administrative time devoted to abatement of the weeds, grass, and combustible vegetation. The administrative fee will be set forth in the Fee Schedule established by resolution of the Board of Directors.
F. The Fire Chief or their designee shall serve the notice required under this section on each responsible person pursuant to CCSD Municipal Code Section 1.14.100. If notice is required to be posted on the property pursuant to Section 1.14.100, the notice shall bear a title which reads “Notice to Remove Weeds, Grass, and Combustible Vegetation” in a typeface not less than 1 inch in height. Notices shall be conspicuously posted in front of the property, or if the property has no frontage upon a street, then upon a portion of the property nearest to a street most likely to give actual notice to the owner(s) or occupants. Notices shall be posted not more than 100 feet in distance apart upon property with more than 200 feet of frontage, and at least 1 notice shall be posted on each parcel with 200 or less feet of frontage.
G. If a responsible person refuses to allow the Fire Chief or their designee to abate the weeds, grass and/or combustible vegetation that create the fire hazard, the Fire Chief or their designee shall cause the service of a notice of administrative violation pursuant to the Civil Administrative Citation Ordinance.
H. Pursuant to CCSD Municipal Code Section 1.14.090, the total costs for abating a declared nuisance, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Clerk-Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.
After such confirmation and recordation, annually the General Manager shall prepare and file with the Board of Directors a report that describes each affected parcel of real property subject to any such liens filed during the preceding year. In accordance with Government Code Section 61115(b), the General manager shall give notice of the filing of the report and of the time and place for a public hearing by publishing the notice pursuant to Section 6066 in a newspaper of general circulation, and by mailing the notice to the owner of each affected parcel. At the public hearing, the Board of Directors shall hear and consider any objections or protests to the report. At the conclusion of the public hearing, the Board of Directors may adopt or revise the charges and penalties as set forth in the lien. The Board of Directors shall make its determination on each affected parcel and its determinations shall be final. A certified copy of the Board of Directors’ decision shall be filed with the County Auditor-Controller on or before August 1st of each year, whereupon it shall be the duty of the auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against any respective lots and parcels of land and thereafter the 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 the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessment. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.