Article III — Procedure for Assessment of Cost of Abatement in Event of Default of Owner

Upon receipt of the report, the clerk shall place the report on the agenda for consideration by the board. The clerk shall cause notice of the cost of abatement to be mailed to the parties concerned listed in the enforcement official's report at least seven days prior to the hearing. Such notice shall specify the day, hour and place the board will hear any objections or protests which may be raised by any interested persons and that the board will pass upon the report of the enforcement official. Notice of hearing shall be

published at least seven days prior to the date of hearing in the newspaper of general circulation within the county. In the case of a report concerning a nuisance specified in Sections 6.44.010 et seq. (hazardous weeds and litter), notice of hearing shall be published, but is not required to be mailed to each party concerned.

(Prior gen. code § 7-100.22)

Any person to whom notice of hearing was sent and any person interested and affected by the proposed assessment may file written protests or objections with the clerk at any time prior to the date set for the hearing on the report of the board. Each such protest or objection must contain the address of the protestor or objector and a description of the property in which the signor thereof is interested and the grounds of such protest and objections. The clerk shall endorse upon every such protest or objection the date it was received by him and shall present it to the board at the time set for hearing.

(Prior gen. code § 7-100.23)

Upon the day and hour set for the hearing the board shall hear and pass the report of the enforcement official together with any protests or objections. The board may make such revision, correction or modification of the report as it may deem just and when it is satisfied with the correctness of the assessment, the report as submitted, or as revised, corrected, or modified, together with the assessment shall be confirmed.

(Prior gen. code § 7-100.24)

The validity of any assessment levied under the provisions of this section shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is confirmed. Any appeal from a final judgment in such action or proceeding must be commenced within thirty (30) days after the entry of judgment.

(Prior gen. code § 7-100.25)

The amounts of the assessment upon the various parcels of land and properties mentioned in the report, as confirmed, shall constitute special assessments against the respective parcels of land, and are a lien on the

property for the amount of the respective assessment.

(Prior gen. code § 7-100.26)

The assessment shall be collected in the following manner:

A.

A copy of the report and assessment, as confirmed, shall be turned over to the auditor of the county on or before the tenth day of August following such confirmation, and the auditor shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll.

B.

The tax collector shall include the amount of the assessment on bills for taxes levied against the respective lots and parcels of land.

C.

Thereafter the amounts of assessments shall be collected at the same time and in the same manner as county taxes are collected, and are subject to the same procedure and sale in case of delinquency as provided for ordinary county taxes.

D.

All laws applicable to the levy, collection and enforcement of county taxes are applicable to such special assessment taxes.

(Prior gen. code § 7-100.27)

Notwithstanding the provisions of Section 15.28.200 and in lieu thereof, in the event of nonpayment of assessment, the board may, at any time within sixty (60) days after its decision on the report and assessment, cause to be filed in the office of the county recorder a notice of lien against said properties of the confirmed assessment upon the following conditions:

A.

From and after the recording of said notice of lien, all persons shall be deemed to have had notice of the contents thereof. The statutes of limitations shall not run against the right of the enforcement agency to enforce the payment of said lien.

B.

All such assessments remaining unpaid after thirty (30) days from the date of recording of said lien shall become delinquent and bear interest at the rate of one-half of one percent per month computed upon the

date of delinquency and on the first day of each month subsequent to said date of delinquency. The lien shall continue until the amount thereof is paid or until it is discharged of record.

C.

If the sum assessed is not paid within thirty (30) days after the date of recording of said notice of lien, the board may direct the county counsel to bring an action, in the name of the county, to foreclose the lien of assessment.

(Prior gen. code § 7-100.28)

Any person who violates any of the provisions of the title is guilty of a misdemeanor, which may be prosecuted as an alternative to other remedies contained herein, and which is punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six months, or by both such fine and imprisonment.

(Prior gen. code § 7-100.29)

The board of supervisors hereby declares that it would have adopted each separate provision of this title, regardless of the adoption of any other provision, and if any remedy provided for in the title held unavailable, invalid or limited in effect, such limitation shall not affect the application of other provisions of the code.

(Prior gen. code § 7-100.30)

No provision in this chapter shall be construed as disallowing the use of any abatement procedure now or hereafter available in the Alameda County General Ordinance Code or by state law.

(Prior gen. code § 7-100.31)