The term "cost of abatement" or "cost of abating a nuisance" refers to any and all costs incurred by the Fire Department to enforce this section including, but not limited to, investigation, inspections; preparation, service and/or publication of administrative notices and other related clerical costs; actual removal of weeds and/or rubbish whether performed by the Fire Department or a contractor.
The terms "weeds" as used in this chapter means weeds, grass, ferns, vines and other similar natural growth, other than growth ordinarily and customarily planted for decorative purposes and which has been planted for decorative purposes and is under continuing cultivation.
"Rubbish," as used in this chapter, means all combustible waste or refuse matter which has been left, deposited or abandoned on any lot or parcel of land in the City, and also means noncombustible waste matter, refuse, dirt and worthless or useless articles of property left, deposited or abandoned on any lot or parcel of land in the City in such fashion or in such quantity as to be unsightly, unhealthful, dangerous to persons, or so as to interfere with the abatement of weeds under this chapter.
(Prior code § 11.34; Ord. 3681 § 1, 2004)
All weeds growing upon the streets or sidewalks or upon or in front of private property within the City which bear seeds of a wingy or downy nature, or attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, may be declared to be a public nuisance by the City Council and may thereafter be abated as provided by this chapter.
Whenever any such weeds are growing upon any street or sidewalk or private property, the City Council may determine that the same constitute a public nuisance, and may, by resolution, declare the same to be a public nuisance, and shall therein set out the types or sizes or heights or such other description of the weeds determined to constitute a public nuisance as should reasonably be anticipated to give any and all persons affected thereby notice thereof.
The council may also determine, in the manner provided in this chapter, that any rubbish which is situated on land containing abatable weeds, which may be situated on such land at the time of abatement or which at any time is situated on any lot or parcel of land in the City is a public nuisance and subject to removal and destruction and disposal. Such determination may be made at any time by separate proceedings under this chapter or may be made in any resolution in which weeds are declared a nuisance under this chapter.
(Prior code § 11.35)
After the passage of a resolution as described in Section 9-08.020, the Fire Chief, or his designee, shall cause a notice thereof to be published at least two successive days in the official newspaper of the City. The notice shall also set the times and place for a public hearing thereon, which shall be not less than 10 days following the last publication of the notice. Such notice shall be in substantially the following form:
NOTICE TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on the ________day of ________, 20________, in accordance with the provisions of Section 9-08.020 of the Code of the City of Santa Rosa, the Council of the City of Santa Rosa passed Resolution No. ________, declaring that noxious or dangerous weeds growing upon or in front of any private property located within the City of Santa Rosa, the nature, size and types of such weeds being more particularly described in said resolution.
NOTICE IS FURTHER GIVEN that property owners shall without delay remove such noxious or dangerous weeds, otherwise they will be removed and the nuisance will be abated by the municipality in accordance with the provisions of Chapter 9-08 of the Code of the City of Santa Rosa. All costs of abatement including those for inspection, administration and removal will be assessed upon the lot and lands from which or in front of which or adjacent to which such weeds are abated and such costs will constitute a lien upon such lots or lands until paid.
NOTICE TO REMOVE RUBBISH
NOTICE IS HEREBY GIVEN that rubbish, as defined in Section 9-08.010 of the Code of the City of Santa Rosa left deposited, or abandoned on this property has been declared by the City Council of the City of Santa Rosa, by Resolution No. ________, passed on the ________day of ________, 20________, to be a public nuisance and subject to removal and destruction or disposal by municipal authorities, the cost of the same shall be assessed upon the property from which or in front of which or adjacent to which such rubbish is left, deposited or abandoned and such cost shall constitute a lien upon the property until paid.
NOTICE OF HEARING
All property owners having any objections or protests to the proposed removal or destruction of such weeds or rubbish are hereby notified to attend a meeting of the City Council of the City of Santa Rosa on the ________ day of ________, 20________, when the City Council will hear any objections and give consideration to the same.
The Fire Chief, or his designee, may send a notice by regular United States mail of such public hearing to the owner of any parcel of real property upon which such a public nuisance exists. The notice may be sent to the owner at the address shown upon the records of the City Assessor. Failure of the Fire Chief to send such notice or of the owner to receive such notice shall not prevent the City from proceeding pursuant to this chapter.
(Prior code § 11.36; Ord. 3681 § 2, 2004)
At the time stated in the notices prescribed in Section 9-08.030, the City Council shall hear and consider all objections or protests, if any, to the proposed removal of weeds and rubbish and may continue the hearing from time to time. Upon the conclusion of such hearing, the City Council, by motion or resolution, shall allow or overrule any or all objections, whereupon the City Council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the City Council on the matter shall be final and conclusive.
(Prior code § 11.37)
Any owner of property, upon which property a public nuisance has been declared to exist pursuant to Sections 9-08.020, 9-08.030 and 9-08.040, who fails to abate such nuisance within 10 days after the date of conclusion of the hearing with respect to such property as provided in Section 9-08.040, shall be guilty of a misdemeanor.
(Prior code § 11.38)
After final action has been taken by the City Council in the disposition of any protests or objections, or in case no protests or objections have been received, the City Council by motion or resolution shall order the Fire Chief, or his designee, to abate such nuisance and bureau personnel and its authorized agents, employees and contractors and bureau personnel and its authorized agents, employees and contractors are expressly authorized to enter upon private property for that purpose.
In the event the Fire Chief, or his designee abates the weeds, the rates or charges for all costs of abatement incurred by the City shall be as established by resolution of the City Council.
Any property owner shall have the right to have any such weeds and rubbish removed at his own expense providing the same is done prior to the arrival of the Fire Chief or such other public officer so designated or his representatives to do the same. Provided, however, that if an order to abate is issued, the Council may by resolution further order that a special assessment and lien be imposed upon said property for the costs of abatement, if any, incurred by the Fire Department in enforcing abatement upon the property prior to the removal by the property owner.
(Prior code § 11.39; Ord. 2932 § 1, 1992; Ord. 3681 § 3, 2004)
The Fire Chief, or his designee, shall keep an account of the cost of abating a nuisance pursuant to this chapter in front of or on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abating such weeds and rubbish on each separate lot, or in front thereof, or both; provided that before such report is submitted to the legislative body, a copy of the same shall be posted for at least three days prior thereto on or near the chamber door of the council, together with a notice of the time when such report shall be submitted to the council for confirmation.
(Prior code § 11.40; Ord. 3681 § 4, 2004)
At the time fixed for receiving and considering the report described in Section 9-08.070, 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 and thereupon make such modifications in the report as they deem necessary, after which, by motion or resolution, the report shall be confirmed.
(Prior code § 11.41)
(A) 
The cost of abating such nuisance in front of or upon the various assessments against the respective parcels of land, and after thus made and confirmed, shall constitute a lien on the property for the amount of such assessments respectively. After confirmation of the report, a copy shall be turned over to the Assessor and the Tax Collector, whereupon it shall be the duty of such officers to add the amounts of the respective lots and parcels of land for municipal purposes. In the event the assessment for the abatement, rubbish removal, or any other assessment authorized by this chapter is placed on the tax roll, a charge of two dollars for administrative expenses, and a further charge to be computed by multiplying the composite interest rate earned by the City on invested funds (30 days before the assessment is forwarded to the Tax Collector) by the amount of the assessment, as calculated under the provisions of Section 9-08.060, shall both be added to the assessment in order to compensate the City for the cost of effecting collection, and the monetary loss incurred by the City in having to extend its credit to a property owner who has failed to pay the original assessment within a reasonable time. The amounts of the respective assessments shall be entered upon the tax roll opposite the respective parcels of land, and thereafter such amount 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes of the City.
(B) 
The Tax Collector of the City is authorized to receive the amount due for the cost of abating the nuisance pursuant to this chapter, and to issue receipts therefor at any time after the confirmation of the report and until 10 days before a copy of the report shall be turned over to the county Tax Collector and tax Assessor for placement on the county tax roll for collection.
(Prior code § 11.42; Ord. 2342 § 1, 1984)
The City Council may order any tax, or any portion thereof, paid pursuant to the provisions of this chapter, refunded; provided, that such tax or portion thereof is found and determined by the City Council to have been erroneously levied; and, provided further, that no such tax, or portion thereof, shall be refunded unless a claim, verified by the person who paid the tax, his or her guardian, executor or administrator, has been filed with the Clerk of the City on or before the first day of March after the date upon which such tax has become due and payable.
(Prior code § 11.43)
Claims for damages to property, caused by any officer or employee of the City in connection with the abatement of any nuisance pursuant to the provisions of this chapter, may be paid from the general fund if the City Council finds and determines that such damage was caused by the negligence of such officer or employee; provided, however, that no such claim for damages shall be considered or paid unless it is presented in writing and filed with the City Clerk within 180 days after such damages occurred.
(Prior code § 11.44)
In the event the Fire Chief, or designee, should find that any public nuisance, described herein, within or upon or in front of any lot or parcel of land is so serious and aggravated and presents such an immediate menace or danger to the public health, safety and welfare that it is essential to protect such public health, safety and welfare that such nuisance be immediately abated without first publishing, posting or mailing notices, as provided above, and without first giving the owner of owners of said lot or parcel further time to abate the same, then in that event, the Fire Department may immediately abate said nuisance or cause the same to be abated without first having published or mailed any notices and without giving the owner or owners of the lot or parcel further time to abate the same. However, the Fire Chief, or designee, if he or she so abates such nuisance, shall prepare and file in his or her office a written report describing the location, nature and extent of the public nuisance and setting forth the reasons why he or she had to abate it immediately, as aforesaid, and he or she shall cause a copy of said report to be mailed within 10 days from and after completion of such abatement, to the owner or owners of the lot or parcel within or upon or in front of which said nuisance existed, as said owner or owners are shown on the last equalized assessment roll of the County of Sonoma.
(Ord. 3681 § 5, 2004)
The method of removing weeds, vines, shrubs, brush, dead or damaged trees, and/or debris from property as herein provided shall not be an exclusive method, but shall be an alternative method, and such weeds, vines, shrubs, brush, dead or damaged trees, and/or debris may be removed from such property pursuant to the provisions of any law of the state, or any ordinance of the City applicable thereto.
(Ord. 3681 § 6, 2004)