San Jose Municipal Code Part 5 Collection of Expenses

A. The fire chief shall keep a record of the cost and expense incurred by him or her in abating or causing to be abated, pursuant to the provisions of Part 2 of this chapter, each public nuisance within or upon or in front of each lot or separate parcel of land.

B. The director of neighborhood preservation shall keep a record of the cost and expense incurred by him or her in abating or causing to be abated pursuant to the provisions of Part 3 of this chapter, each public nuisance within or upon or in front of each lot or separate parcel of land.

C. The director of streets and traffic shall keep a record of the cost and expense incurred by him or her in abating or causing to be abated, pursuant to the provisions of Part 4 of this chapter, each public nuisance within or upon or in front of each lot or separate parcel of land.

D. To said costs and expenses, the fire chief, director of neighborhood preservation or the director of streets and traffic as the case may be, shall add an amount for overhead and administrative and incidental expenses, as set forth in that schedule under Section 17.12.170 and shall then submit to the city council for confirmation an itemized written report showing all costs and expenses incurred by the city in abating each public nuisance.

(Prior code § 3200.50; Ords. 20750, 21657, 23734.)

A copy of the report shall be posted for at least ten days prior to its submission to the city council on the bulletin board situate outside and near the chamber door of the city council in the City Hall of the City of San José together with a notice of the time and place when and where it will be submitted to the city council for hearing. A notice that the report has been so posted, as well as the time and place when and where property owners may appear and object to any matter contained therein, shall be published once in a daily newspaper of general circulation published in the city.

(Prior code § 3200.51; Ord. 20750.)

At the time fixed for receiving and considering the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The city council shall then confirm the report by motion or resolution.

(Prior code § 3200.52.)

As an alternative to the procedures set forth in Sections 9.12.500 through 9.12.520, the public hearing before the city council and the imposition of a special assessment lien referenced in those sections may be conducted and imposed by a designated body pursuant to Chapter 1.18 of this Code.

(Ord. 25264.)

After confirmation of the report, a copy of the same shall be given to the director of finance, who in turn shall file a certified copy thereof with the county auditor of the county of Santa Clara. The description of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.

(Prior code § 3200.54; Ord. 20750.)

The cost of abatement in front of or upon each parcel of land, as confirmed, constitutes a special assessment against that parcel, and on such confirmation it is a lien on the parcel.

(Prior code § 3200.53.)

Laws relating to the levy, collection and enforcement of county taxes apply to such special assessment taxes.

(Prior code § 3200.58.)

The county auditor shall enter each assessment on the county tax roll opposite the parcel of land.

(Prior code § 3200.55.)

The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes.

(Prior code § 3200.56.)

As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments.

(Prior code § 3200.57.)

The fire chief, director of neighborhood preservation, director of streets and traffic or director of finance may receive the amount due on the abatement cost and issue receipts at any time after confirmation of the report and until August 1st of the calendar year in which the report is confirmed.

(Prior code § 3200.59; Ords. 21657, 23734.)

The city council may order refunded all or part of a special assessment paid pursuant to this part if it finds that all or part of the special assessment has been erroneously levied. A special assessment or part shall not be refunded unless a claim is filed with the fire chief on or before March 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his or her guardian, executor or administrator.

(Prior code § 3200.60; Ord. 20750.)