San Ramon Municipal Code Art. 3 Abatement of Nuisances by City—Special Assessments

City of San Ramon, CA | Municipal Code 181

A. Building and safety services shall keep an itemized account of all the costs and expenses incurred by the city in abating nuisances under the provisions of this chapter. If the costs are not paid within thirty days of receipt of invoice, building and safety services shall prepare and file with the city clerk a report specifying the itemized and total cost of the abatement, a description of the real property that accrued abatement costs, and the names and addresses of the persons entitled to notice under Article 2 of this chapter. B. Building and safety services shall notify the property owner(s) of the intent to levy a special assessment on the property by way of a city council resolution. The notification shall include the property address, assessors' parcel number and the case number, the amount due and a due date, prior to the scheduled city council hearing. C. Upon receipt of the report, the city clerk shall present it to the city council for consideration. The city council shall fix a time, date and place for hearing on the statement of expenses and any protests or objections thereto. The city clerk shall cause notice of the hearing to be served by certified mail, postage prepaid, addressed to the person(s) entitled to notice as specified by building and safety services. Such notices shall be given at least ten days prior to the date set for hearing and shall specify: 1. The day, hour and place when the city council will hear and pass upon the report of building and safety services containing the proposed charge for abatement; and 2. A requirement that any person making an objection or protest to the statement of expenses must fulfill all of the following: a. File a written statement describing the basis for their objection or protest with the city clerk no later than 5:00 p.m. the day before the city council hearing on the statement of expenses. b. Attend the city council hearing on the statement of expenses in person to explain and answer questions regarding their objection or protest. (Ord. No. 450, § II, 5-13-2014)

At the time fixed for the hearing on the statement of expenses, the city council shall consider the statement and any protests or objections. The city council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement, as adjusted, by resolution. (Ord. No. 450, § II, 5-13-2014)

If the owner does not pay the expense of abating the nuisance within five days after the city council confirms the costs of abatement, the cost shall constitute a special assessment against the real property whereon the nuisance had been maintained. The assessment shall continue until it is paid, together with interest at the legal rate 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 ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to levy, collection and enforcement of municipal taxes apply to this special assessment, as set forth in Section 38773.5 of the Government Code, as amended. (Ord. No. 450, § II, 5-13-2014)

City of San Ramon, CA | Municipal Code 182

The fact that the owner or other person to whom notice is given under this chapter of the nuisance abatement proceedings does not receive notice, or that a letter is returned by the post office as undeliverable, does not affect the validity of any abatement proceedings. (Ord. No. 450, § II, 5-13-2014)

Instead of making the expenses of abating the nuisance a special assessment against the real property under this article, or in addition thereto, the city may make the expenses the personal obligation of the property owner, tenant or other person creating, causing, committing or maintaining the nuisance. In such a case, all of the procedures of this chapter apply except those specifically related to the assessment of the property. (Ord. No. 450, § II, 5-13-2014)

A. Summary Abatement. If, in the reasonable opinion of the city manager, there exists a condition which constitutes an imminent threat of serious injury or harm to any persons or property, such official may cause the condition to be summarily abated in accordance with the following procedure. Nothing in this article shall prevent public officials from taking any and all actions in emergency situations they deem necessary to protect the public health, safety, and general welfare. 1. The city manager shall post a notice on or near the dangerous condition. If the city manager determines that the circumstance and time reasonably permits, the city manager shall also attempt to directly notify the property owner and any other party of record with an equitable or legal interest in the property by telephone, telegraph, hand delivery, facsimile or other reasonable means. Failure to give such additional notice shall not affect the adequacy of the posted notice or otherwise constitute a defect in the process authorized by this article. The notice shall contain: a. A statement that the property was found to be imminently dangerous with a brief and concise description of the conditions found to render the property imminently dangerous. b. A description of what actions are required to be taken by those persons receiving the notice and the time within which action must be commenced and completed. c. A statement that the city manager may cause the abatement work to be done and charge the cost thereof against the property or its owner. 2. If the attempt to contact the person is unsuccessful or if the responsible party fails or refuses to take immediate and effective action to eliminate the threat after being requested to do so within the time set forth in the notice, the city manager may proceed to take abatement action to the extent necessary to remedy the immediate danger without further notice or right to a hearing. 3. Once the abatement action has been completed, the property owner may appeal the need for abatement action and/or abatement cost pursuant to the following procedure: a. A request for appeal must be received by the city clerk within ten days after service, by first class mail postage prepaid, of the statement of abatement cost. Service shall become effective on the date of the first class mailing. b. After a completed request for hearing form has been filed with the city clerk, the city clerk shall set the date, time and place for the hearing. The hearing shall be set for a

City of San Ramon, CA | Municipal Code 183

date not less than fifteen days nor more than sixty days after the city clerk receives the request. c. The person requesting the hearing shall be notified by first class mail and certified mail, return receipt requested, of the time and place set for the hearing. The notice shall be sent to the address on the request for hearing form by the person requesting the hearing. Service shall become effective on the date of the first class mailing. Failure of the person requesting the hearing to receive such notice shall not affect the validity of any of the proceedings taken. d. The person requesting the hearing or the city may request one continuance, but in no event may the hearing be continued more than thirty days after the date of the originally scheduled hearing unless the hearing officer finds that the circumstances warrant a longer continuance not to exceed sixty days after the date of the originally scheduled hearing. e. The failure of any person to file a request for hearing in accordance with the provisions of this section shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies. f. The administrative hearing is informal, and formal rules of evidence and discovery do not apply. g. The city and the person contesting the summary abatement action and/or summary abatement cost shall be given an opportunity to testify and present evidence. The person may represent themselves or be represented by any person of their choice at their own cost. h. The hearing officer may continue the hearing and request additional information from the city and/or the person contesting the summary abatement action and/or cost. i. The failure of the person contesting the summary abatement action and/or cost to appear at the hearing shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies. j. The decision of the hearing officer shall be in writing within fifteen business days of the conclusion of the hearing stating the reason for the decision. A copy of the hearing officer's written decision shall be sent by first class mail to the address provided on the request for hearing form. The hearing officer's decision shall be final. (Ord. No. 450, § II, 5-13-2014)

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any property on which a nuisance exists and which must be abated under the provisions of this code, whenever such officer, employee, contractor or authorized representative of the city, or person having an interest or estate in such property is engaged in the work of abating any nuisance as required by the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this code. (Ord. No. 450, § II, 5-13-2014)

No abatement shall be undertaken unless it shall first be approved by the city attorney or his or her authorized representative. (Ord. No. 450, § II, 5-13-2014)

City of San Ramon, CA | Municipal Code 184

If a second or subsequent civil or criminal judgment is entered against an owner of property or person(s) responsible for a condition that may be abated in accordance with this article within a two-year period a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Health and Safety Code 17980. (Ord. No. 450, § II, 5-13-2014)

In an action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover attorneys' fees. Recovery of attorneys' fees is limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. An award of attorneys' fees to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the city in an action, administrative proceeding, or special proceeding. (Ord. No. 450, § II, 5-13-2014)

This article shall not be construed to replace or supercede any other section of this code, except where expressly provided herein, but shall supplement such provisions. In the event that there is an express conflict between the provisions of this article and another provision of this code, the more stringent provision shall prevail so as to carry out the intent of the city council. (Ord. No. 450, § II, 5-13-2014)

B6-172 through B6-190. - Reserved.