Fremont Municipal Code Art. V Abatement

Every dangerous or insanitary condition found to exist on any premises in the city of Fremont is hereby declared to be a nuisance and may be abated by the community services director or designee in the manner provided in this article. (Ord. 11-2021 § 1, 11-16-21.)

When the community services director or designee finds that a dangerous or insanitary condition exists upon any premises in the city of Fremont, the community services director or designee may, or upon the instructions of the city council shall, serve a notice upon the owner or person in possession of the premises upon which such condition exists to abate, or cause to be abated, said dangerous or insanitary condition upon such premises. (Ord. 11-2021 § 1, 11-16-21.)

The notice shall particularly specify in ordinary and concise language the facts showing the dangerous or insanitary condition to exist, a description of the premises, and state how it is to be abated, and that if abatement of such dangerous or insanitary condition is not commenced within the time specified in such notice and diligently and without interruption prosecuted to completion, the community services director or designee shall request the city council to order said dangerous or insanitary condition abated and to make the cost of such abatement a lien upon the premises. (Ord. 11-2021 § 1, 11-16-21.)

Notice to abate may be given by delivering such notice personally to the owner or to the person in possession of the property upon which such dangerous or insanitary condition exists, or by mailing such notice, first-class mail, postage prepaid, properly addressed, to the person in possession of such property, or to the owner thereof, at his/her last known address as the same appears on the last equalized assessment roll of the county or to the name and address of the person owning or in possession of such property as shown in the records of the community services director or designee. The community services director or designee shall deliver a copy of such notice to the city clerk of the city of Fremont. (Ord. 11-2021 § 1, 11-16-21.)

Upon receipt of a copy of such notice the city council shall fix the time and place for a hearing thereon and give notice thereof to the owner or person in possession of such premises. In addition to the matter specified in Section 8.40.450, such notice shall specify the time and place when and where the city council will hear and pass upon objections or protests, if any, which may be raised by the person in possession of such premises, or the owner thereof, or other interested person. Notice of such hearing shall be given to the owner or person in possession of such premises in the manner specified in Section 8.40.460 for the giving of the notice to abate such dangerous or insanitary condition. At the time and place specified in such notice for the hearing, the city council shall hear and pass upon such objections and protests. The hearing may be continued from time to time, and the decision of the city council on all protests and objections shall be final and conclusive. The hearing required by this section shall be in addition to the hearing required by Section 8.40.500. (Ord. 11-2021 § 1, 11-16-21.)

At the conclusion of such hearing, if the abatement of such dangerous or insanitary condition has not been commenced and prosecuted to completion with due diligence, as required by the notice to abate or by the city council after the hearing specified in Section 8.40.470, the community services director or designee shall forthwith abate, or cause to be abated, the dangerous or insanitary condition upon such premises, and the cost thereof shall be a lien upon such premises. (Ord. 11-2021 § 1, 11-16-21.)

Upon completion of the abatement of such dangerous or insanitary condition, the community services director or designee shall cause notice of the cost of such abatement to be given in the manner specified in Section 8.40.460, which notice shall specify the time and place when the city council will hear and pass upon the report by the community services director or designee of the cost of abatement, together with any objections or protests, if any, which may be raised by the property owner liable to be assessed for the cost of such abatement and any other interested person. The community services director or designee shall file with the city council a report specifying the work which has been done, the cost of abatement, and a description of the property upon which the dangerous or insanitary condition was abated. (Ord. 11-2021 § 1, 11-16-21.)

At the time and place fixed for the hearing, the city council shall hear and pass upon the report of the community services director or designee, together with any objections or protests which may be raised by the property owner liable to be assessed for such abatement cost and any other interested persons. The city council may make such revision, correction or modification in the report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The city council may adjourn the hearings from time to time, and its decision on all protests and objections which may be made shall be final and conclusive. (Ord. 11-2021 § 1, 11-16-21.)

The cost of abatement may be assessed by the city council against the parcel of property upon which the dangerous or insanitary condition was abated, and such cost so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against the parcel of property and shall be a lien on such property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment is paid or until it is discharged of record. The community services director or designee may file in the office of the county recorder a certificate substantially in the following form, to wit:

NOTICE OF LIEN

Pursuant to the authority vested in me by the Fremont Municipal Code, I did, on the ________ day of ________, 20________, cause the dangerous or insanitary condition to be abated, and the city council of the City of Fremont did, on the ________ day of ________, 20________, by Resolution No. ________, assess the cost of such abatement upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Fremont does hereby claim a lien on said real property in the sum of ________ Dollars ($________) and the same shall be a lien upon said real property until the said sum has been paid in full or discharged of record.

The real property hereinbefore mentioned and upon which such dangerous or insanitary condition was abated and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Fremont, County of Alameda, State of California, and particularly described as follows, to wit:

(insert description)

Dated this ________ day of ________, 20________.

______________

Community Services Director or Designee

(Ord. 11-2021 § 1, 11-16-21.)

From and after the date of the recording of the notice of a lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment roll to the county board of equalization. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such special assessment taxes. (Ord. 11-2021 § 1, 11-16-21.)