1-6 ABATEMENT OF NUISANCES.

a. The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land a special assessment against that parcel is adopted under Government Code Section 38773.5. The procedure set forth in this chapter for abatement applies to any nuisance which the Town Council declares is a nuisance either by any other provision of This Code or other ordinance which the Town Council may adopt.

b. The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the Town by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773 or other lawful authority. (Ord. #9, §5, 1982)

Whenever the Code Enforcement Officer determines that a public nuisance exists as defined in Section 1-5.4 of this Code, the property owner shall be provided with a written Notice to Abate. The Notice to Abate shall contain the following information: a description of the conditions constituting the public nuisance; the acts necessary to abate the nuisance; and, a reasonable time limit, in no event less than 10 working days nor more than 30 days, to correct the violation. If the nuisance is abated within the specified time, no further action shall be taken. (Ord. #2002-10, §1)

If the nuisance is not abated within the time limit specified in the Notice to Abate, the Code Enforcement Officer shall provide the property owner with a notice of hearing before the Town Council. This notice shall describe the nuisance and required abatement, the time and location of the hearing, the property owners right to present evidence at the hearing and a statement advising the property owner that if the property is found to be a public nuisance, the nuisance may be abated by the Town, with the costs of such abatement being assessed against the property. This notice shall be provided to the property owner at least 10 calendar days prior to the hearing. (Ord. #2002-10, §1)

The Town Council shall conduct a hearing to determine whether a public nuisance exists and what acts are necessary to abate the nuisance. The Town Council shall consider all relevant evidence and shall make a written determination as to the existence of the nuisance and the actions necessary to abate the nuisance. The decision shall specify that the property owner shall abate the nuisance within 30 days after the decision is mailed to the property owner and posted at the property or that the Town will abate the nuisance pursuant to subsection 1-6.6 of this Code. The decision of the Town Council shall be final. (Ord. #2002-10, §1)

The Council may grant an extension of time to abate the nuisance if, in its opinion, good cause for an extension exists. (Ord. #9, §5, 1982)

If the person fails to abate the nuisance within the time set forth, the Town may proceed to abate the nuisance. (Ord. #9, §5, 1982)

1-6.7 Costs Assessed.

a. Record of Expenses . The Town shall keep an itemized account of the expenses involved in abating the nuisance. The Town shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the Council for approval and confirmation and at which time the Council shall consider objections or protests to the cost of the work.

b. Hearing on Statement of Expenses . At the time fixed for the hearing on the statement of expense, the Council shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. The Council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution.

c. Expenses a Special Assessment Against the Property . If the property owner does not pay the expense of abating the nuisance within five (5) days after the Council confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the rate of eight (8%) percent a year computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ad valorem real property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ad valorem real property taxes. All laws applicable to levy, collection and enforcement of ad valorem real property taxes apply to this special assessment.

d. Notice of Special Assessment . The Town shall file in the Office of the County Recorder a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT

Under the authority of Government Code Section 38773.5 and Section 1-6 of the Danville Municipal Code, the Town did on , 20, abate a nuisance upon the real property hereafter described and then on _______________ 20, did assess the cost of the abatement upon the real property. The Town of Danville claims a special assessment on the real property for the expense of doing the work in the amount of $_____. This amount is a special assessment against the real property until it is paid, with interest at the rate of eight (8%) percent a year from __________, 20, (insert date of confirmation of statement), and discharged of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the Town of Danville, County of Contra Costa, State of California, more particularly described as follows:

DATED:__________, 20

TOWN OF DANVILLE

By:______________

(Ord. #9, §5, 1982)

Whenever any condition on or use of property causes or constitutes or reasonably appears to constitute an imminent or immediate danger to the health or safety of the public, the Town Manager, or designee, shall have the authority to summarily abate the nuisance without prior notice or hearing. Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health or safety. The expenses of any such summary abatement shall be assessed against the property pursuant to subsection 1-6.7 of this code. (Ord. #2002-10, §1)