San Ramon Municipal Code Art. 5 Nuisance Abatement

The enforcing officer may have nuisances abated and/or removed in accordance with the procedure prescribed in this chapter. (Ord. 230 § 2 (Exh. A) (part), 1992)

In the event of a violation of this chapter constituting a public nuisance, and in addition to other remedies and penalties provided in this code, the enforcing officer may deliver or mail, by registered or certified mail, to the owner of the property on which the violation occurred (or is occurring) and to any involved permittee, a ten-day notice of intention to abate the nuisance unless the owner does so within ten days after the notice is received. Notice shall be provided at the address of the owner as it appears on the last equalized assessment roll. (Ord. 230 § 2 (Exh. A) (part), 1992)

The notice shall contain: A. A statement of the nature of the nuisance; B. That the owner and any involved permittee must abate the nuisance within ten days or, if they fail to do so, the nuisance may be abated by the enforcing officer and the owner and any involved permittee shall be liable to the city for the costs thereof; C. An estimate of the cost of abatement (including overhead and administrative costs); D. A statement that this cost may be levied as a special assessment on the owner's land; E. A statement of the property owner and any involved permittee's hearing rights and notice to them that they may appear in person at a hearing or by sworn written statement in lieu of appearing. (Ord. 230 § 2 (Exh. A) (part), 1992)

A. Request. Within ten days after the mailing, delivery and receipt date(s), whichever is later, of the notice of intention to abate and remove, the property owner or possessor of the property and any involved permittee may request the city engineer for a public hearing on the question of abatement and the estimated cost thereof. B. The city engineer shall immediately notify the enforcing officer of any such request. (Ord. 230 § 2 (Exh. A) (part), 1992)

If no request for hearing is received within the ten-day period, the enforcing officer or any person the enforcing officer authorizes may abate the nuisance. Thereafter, the costs of abatement shall be collected pursuant to Section C6-188.

City of San Ramon, CA | Municipal Code 542

(Ord. 230 § 2 (Exh. A) (part), 1992)

When a hearing is requested, the city engineer shall mail notice of the hearing at least ten calendar days before the hearing date, to the enforcing officer, the property owner, any known possessor of the property and any involved permittee. (Ord. 230 § 2 (Exh. A) (part), 1992)

All hearings under this chapter shall be held before the city engineer who shall receive all evidence he or she deems material, including the condition of the property, the circumstances of the nuisance and the location and the estimated cost of the abatement. The city engineer shall not be limited by the technical rules of evidence. The property owner, any known possessor of the property or involved permittee may appear in person or present a sworn written statement, in time for consideration at the hearing. (Ord. 230 § 2 (Exh. A) (part), 1992)

The city engineer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The city engineer may delay the time for removal of the nuisance, if, in the city engineer's opinion, the circumstances justify it. At the conclusion of the public hearing, if the city engineer finds that there is a nuisance, the city engineer may order it abated and/or removed as a public nuisance as hereinafter provided and determine the cost of abatement to be charged against the landowner. The order requiring abatement shall include a description of the nuisance. (Ord. 230 § 2 (Exh. A) (part), 1992)

If an interested party makes a written presentation to the city engineer but does not appear, such interested party shall be notified in writing of the decision. (Ord. 230 § 2 (Exh. A) (part), 1992)

A. The enforcing officer, the property owner, any known possessor of the parcel, or any involved permittee may appeal the city engineer's decision by filing with the city engineer a written notice of appeal, accompanied with any required fee, within ten calendar days after the city engineer's decision. The city engineer shall promptly transmit the proceedings to the city council. B. The city clerk shall promptly give written notice of the time and place of the hearing to the appellant and those persons specified in Section C6-181. C. The city council shall promptly hear such appeal, and may affirm, amend or reverse the order, or take other action it deems appropriate. It shall not be limited by the technical rules of evidence. (Ord. 230 § 2 (Exh. A) (part), 1992)

This chapter's nuisances may be abated when:

City of San Ramon, CA | Municipal Code 543

A. Releases authorizing abatement and property cost collection have been signed by the involved property owner(s); or B. There is no reply to the notice of intent to abate by the end of the ten-day waiting period; or C. The city engineer decides the nuisance is to be abated and no appeal is made to the council; or D. After an appeal has been decided in favor of abatement. (Ord. 230 § 2 (Exh. A) (part), 1992)

The enforcing officer shall prepare an itemized written account of all expenses, including administration and overhead, incurred to abate the nuisance where it is proposed to collect costs under Section C6- 188. Until such report is completed, no abatement costs, including administration, will be placed as a special assessment against the parcel of land. (Ord. 230 § 2 (Exh. A) (part), 1992)

If the abatement cost, including overhead, administrative and removal costs which is charged against the owner of a parcel of land pursuant to Sections C6-180, C6-183 and C6-185 is not paid within thirty days after the completed abatement, the date of the order or the final disposition of an appeal therefrom, such cost shall be, and is assessed as a special assessment against the parcel of land pursuant to Government Code Section 25845, which shall be transmitted to the auditor- controller for collection with the same priority as other county taxes and to the office of the county recorder for recordation.

(Ord. 230 § 2 (Exh. A) (part), 1992)

The enforcing officer shall file with the auditor-controller and county recorder a certificate substantially in the following form: NOTICE OF ASSESSMENT AND ABATEMENT LIEN (Watercourse Nuisance Abatement Cost) Pursuant to Government Code section 25845 and section C6-188 of this code, the City of San Ramon abated a nuisance on the parcel of real property described below, of which the names person(s) is the owner shown on the last equalized assessment roll or possessor, and fixed the below-shown amount as the cost thereof and hereby claims a special assessment and abatement lien against the parcel for this amount. 1. Owner(s) or Possessor(s): _____ 2. Last known addresses of owner(s) or Possessor(s): _____ 3. Date abatement ordered: _____ 4. Date abatement complete: _____ 5. Parcel: Real property in the City of San Ramon, Contra Costa County, California; County Assessor's Parcel # (other description where needed): _____ 6. Amount of abatement (Assessment) Cost: $ _____ Dated:________ City of San Ramon City of San Ramon, CA | Municipal Code 544

By_______ (Ord. 230 § 2 (Exh. A) (part), 1992)

An abatement lien created under this chapter may be released or subordinated by the enforcing officer in the same manner as a judgment lien on real property may be released or subordinated. (Ord. 230 § 2 (Exh. A) (part), 1992)

C6-191—C6-194. - Reserved.