San Leandro Municipal Code Art. 13 Enforcement and Abatement—Accomplishment of Work—Lien

(Legislative History: Ordinance No. 2007-035, 11/5/07 (Sections 7-5-1300—7-5-1325))

Note: Editor's Note: Article 13, Enforcement and Abatement—Accomplishment of Work—Lien, previously codified herein and derived from Ordinance Nos. 95-035, 11/6/95; 99-023, 6/21/99; and 2002-23, 9/16/02, was repealed and replaced by Ordinance No. 2007-035, 11/5/07.

Whenever the work required by an order of the Building Official, Board of Appeals or by resolution of the City Council has not been commenced or completed within the times stated therein, the Building Official shall cause the work to be accomplished either by City personnel or by private contract under standard public works contractual procedures. The cost of such work shall be paid from the General Fund of the City and shall be repaid to said fund out of the proceeds of the collections hereinafter provided for.

Upon the completion of any repair or demolition work accomplished pursuant to Section 7-5-1300, the Building Official shall cause to be prepared and filed with the City Clerk a written report specifying:

(1) The work done;

(2) The cost of the work and incidental expenses (the term incidental expenses shall include but not be limited to the expenses and costs of the City in the preparation of notices, specifications and contracts, inspection of the work, and the costs of printing and mailing required hereunder);

(3) A description of the real property upon which the building is or was located;

(4) The names and address of the persons entitled to notice pursuant to Section 7-5-1135; and

(5) The assessment proposed to be levied to pay the cost of the work.

Upon the filing of the report of the Building Official, the City Clerk shall present it to the Council for consideration. The City Council shall, by resolution, fix a time, date and place when it will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of repairs or demolition and any other interested persons. At least 10 days before the date for the hearing, the Building Official shall cause copies of his or her report and notice of the filing of his or her report and of the time, place and date when the Council will hear and pass on the report, and any protests or objections thereto, to be posted and served in the manner and upon the persons specified in Section 7-5-1135.

Any person interested in or affected by the proposed assessment may file written protests or objections with the City Clerk at any time prior to the hours set for the hearing on the report of the Building Official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of each protest or objection.

Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the Building Official, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the cost of the repairs or demolition, and any other interested persons. The Council may make such revisions, corrections, or modifications of the report as it may deem just, and the report as submitted or as revised, corrected or modified, together with the assessment shall be confirmed by resolution. The decision of the Council on the report and the assessment and all protests or objections thereto shall be final and conclusive.

The cost of the work of repair or demolition, including incidental expenses, as confirmed by the Council, shall constitute a special assessment against the property involved, and as thus made and confirmed shall constitute a lien on said property for the amount of such assessment until paid. Such lien shall, for all purposes, be upon a parity with the lien of State, County and City taxes.

On or before August 10 of the year in which a special assessment is confirmed by the Council, the City Clerk shall cause a certified copy of said special assessment to be filed with the County Assessor and County Tax Collector. The description of the parcel reported shall be that used for the same parcel on the County Assessor's map books for the current year.

The amount of the assessment 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 procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment.