§ 7.26.040. Operation.  


Latest version.
  • A.

    The fire department shall notify all affected property owners by mailing, on or before March 1st each year, a notice to the owners of the property as their names and addresses appear upon the current county assessment tax rolls, that the deadline to abate the seasonal and reoccurring nuisance of weeds on the property is on or before March 1st each and every year. The notice shall contain the following specific language:

    NOTICE FOR SEASONAL WEED ABATEMENT
    (Cal. Health & Safety Code § 14900.6; MCC § 7.26)

     Madera County has declared that the growth and accumulation of weeds in the unincorporated areas of the County poses a fire, safety and public health risk and has therefore declared weeds a seasonal and recurring nuisance. Each property owner is responsible for abating the nuisance on the property. The nuisance must be abated on or before May 1st each and every year. If not abated pursuant to Madera County Code section 7.26.030, the fines and costs described herein, shall constitute a lien upon the property until paid. Commencing January 2005, THIS NOTICE APPLIES TO ALL LOTS AND PROPERTIES, whether vacant, undeveloped or improved lots. Improved lots less than 3 acres in size may abate the nuisance by mowing weeds to a height of ½ to 1 inch of the ground in accordance with Madera County Code section 7.26.030.

     FAILURE TO ABATE THE WEED NUISANCE BY MAY 1ST WILL RESULT IN A FINE OF $250.00 BEING ASSESSED AGAINST THE PROPERTY. IN ADDITION, THE COUNTY'S COSTS FOR ABATING THE NUISANCE AND ALL ADMINISTRATIVE FEES AND COSTS ATTRIBUTABLE TO THE COUNTY ABATING THE NUISANCE, SHALL ALSO BE ASSESSED AGAINST THE PROPERTY.

     Due to weed re-growth and the resulting hazard continuing throughout the fire season, HAZARD ABATEMENT MUST BE MAINTAINED THROUGHOUT THE FIRE SEASON. THIS MAY REQUIRE ABATEMENT OF THE NUISANCE MORE THAN ONCE AS WEEDS AND HAZARDS GROW BACK.

     Questions regarding this Notice shall be directed to the Weed Abatement Compliance Officer at (559) 675-7799. Thank you in advance for your timely compliance with this notice.

    The envelope containing the weed abatement notice must be marked on the outside with the words, "Official Notice Enclosed" or "Legal Notice Enclosed."

    B.

    Failure to complete removal by the annual May 1st plow down date shall constitute an infraction punishable by a maximum fine of two hundred fifty dollars, unless the fire chief has announced a later date for completion of removal of weeds, upon which date the weeds must be removed. The county shall proceed to remove the weeds and abate the hazard. Cost of removal by the county together with an administrative charge shall be apportioned to the property as a special assessment on such property, which will be added to the property tax bill as provided in Government Code Section 25845, and may also be recorded against the property as a lien. In addition, any lot that is not abated prior to the plow down date, and is determined to have contributed to the spread of any fire, may be subject to fire suppression recovery costs.

    C.

    Upon completion of the weed abatement, the department shall compile a list of the violator's assessor parcel numbers, names and addresses of the property owners, and the proportionate share of the cost of weed abatement for each parcel. The department shall also include a reasonable administration fee for the county's costs of mailing, billing, inspection, bookkeeping and processing. Thereafter, the department shall mail a bill to the owner(s) of each parcel abated, which shall contain all information required for a Madera County administrative citation as provided in Section 8.01.040(A)(4) of this code.

    Within thirty days of mailing of the bill (as shown by postmark), the property owner or the owner's agent shall either pay the bill in full or request a hearing under the procedures of Section 8.01.040 of this code.

    The issues for dispute shall be limited to:

    1.

    Clerical error in the weed abatement cost apportionment, or property ownership; and

    2.

    Preabatement conformance to the requirements of Section 7.26.030 of this chapter, including abatement of weeds prior to May 1st or any deadline established by the fire chief after May 1st.

    Once the owner has exhausted all administrative procedures under Section 8.01.040(H)(2) of this code, the board of supervisors shall approve or disapprove the department's costs of abatement. Approval shall constitute a levy of a special assessment for weed abatement costs.

    D.

    The board of supervisors shall cause an abatement lien to be recorded against each parcel that did not pay the bill for weed abatement and have not successfully challenged the entire bill. The notice shall, at a minimum, identify the recorded owner or possessor of the property and that owner's or possessor's last known address, and the date of completion of the abatement, describe the real property subject to the lien, and specify the amount of the abatement cost. The abatement lien may be released or subordinated by order of the board of supervisors.

(Ord. 448F § 1, 2008: Ord. 448-E § 2, 2006: Ord. 448D § 2, 2005: Ord. 448-C § 1, 2004: Ord. 448-B § 3, 1987: Ord. 448-A §§ (4)—(7), 1986; Ord. 448 § 1(part), 1980).