Article 3-20

EMERGENCY NUISANCE ABATEMENT PROCEDURE*

This Article is adopted pursuant to the provisions of Article 6 (commencing with Section 38771) in Chapter 10, Division 3 of Title 4 of the California Government Code. (Ord. 201 § 3 (part), 2001)

This Article constitutes an alternate procedure to Article 3-15 of this Chapter for emergency abatement of a nuisance and for assessment of the abatement costs against the property on which such nuisance is maintained or from which such nuisance extends. (Ord. 201 § 3 (part), 2001)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

Notwithstanding any other provision of this City Code or other law, if, in the opinion of the City Manager, any nuisance as defined in Section 3-01.020 constitutes an immediate hazard to the public health, safety or welfare or materially interferes with public travel or passage, the City Manager may summarily abate such nuisance. The abatement work may be performed by the City's own employees or by independent contractors, or any combination thereof. The City Manager, Enforcement Officer(s) and the City Manager's autho-

*Editor’s note— Ord. No. 342, § 1(Att. A, § 1), adopted Oct. 19, 2016, substantially amended Art. 3-20, repealing former §§ 3-20.020, which pertained to nuisance declared, and 3-20.100, which pertained to action by City Council, both derived from Ord. 201 § 3 (part), 2001; and renumbered and amended the remaining sections as herein set out.

*Prior ordinance history— Ord. 71-161.

rized contractors may enter upon private property as may be necessary or appropriate in order to perform the abatement work. (Ord. 201 § 3 (part), 2001) (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

Except as specified below, reporting and confirmation of costs shall be conducted pursuant to Section 3-15.080 and the cost confirmation hearing shall be held not later than forty-five calendar days after the receipt of the cost report by the City Clerk. (Ord. 201 § 3 (part), 2001)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) At the time the City Manager submits the report of costs to the City Clerk, the City Manager shall also cause notices to be conspicuously posted on the property on which the abated nuisance existed or from which the abated nuisance extended as follows:

(1) One notice on each separately owned parcel of property of not over fifty feet frontage; or

(2) Not more than two notices on any parcel over fifty feet frontage but less than one hundred feet frontage; or

(3) Notices not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet.

(b) Such notices shall be posted at least fifteen calendar days prior to the time for hearing by the City Council or the Hearing Officer of objections to the proposed assessment. (Ord. 201 § 3 (part), 2001) (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

The notice required by Section 3-20.050 shall be substantially in the following form:

NOTICE OF ABATEMENT OF NUISANCE AND FIXING OF SPECIAL ASSESSMENT NOTICE IS HEREBY GIVEN that the City of Saratoga has caused certain actions to be taken at

[specify address] in order to abate an emergency public nuisance. These actions included an itemized written report showing the costs of such removal is on file in the office of the City Clerk. The City Manager (has)(has not) elected to seek, as a part of abatement costs, reasonable attorney's fees incurred in abating the nuisance. If the City Manager has elected to seek such attorney's fees, the prevailing party may be entitled to

(Saratoga Supp. No. 40, 1-17)

36.4

3-20.100

seek reimbursement of reasonable and necessarily incurred attorney's fees. Reference is hereby made to such report for further particulars. It is the intention of the City of Saratoga to make the costs of such removal a lien or special assessment against the property on which said nuisance was maintained or from which said nuisance extended, said assessment to be collected at the same time and in the same manner as ordinary municipal taxes. The property may be sold after three years by the tax collector for unpaid delinquent assessments. The property to be assessed is described as follows:

Any property owner objecting to the proposed special assessment is hereby notified to attend a meeting of (the City Council of the City of Saratoga) or (the Hearing Officer) to be held on , 20 , commencing at [specifiedtime],attheSaratogaCityHall,13777Fruitvale Avenue, Saratoga, California, when such property owner's objections will be heard and given due consideration.

Dated this day of , 20 .

City Manager City of Saratoga (Ord. 201 § 3 (part), 2001) (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) In addition to posting the notice required by Section 3-20.050, service of such notice shall be made pursuant to Section 3-10.030 to each owner of the property described in the notice, as shown by the latest assessment roll available to the City on the date of mailing. The City Clerk may also publish such notice once in a newspaper of general circulation in the City. The failure of the City Clerk to publish such notice in a newspaper of general circulation in the City or the failure of the City Clerk to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any party duly served to relieve any such person from any duty or obligation imposed by the provisions of this Section.

(b) The notice shall be published and mailed by the City Clerk at least fifteen calendar days prior to the time for hearing by the City Council of the objections to the proposed assessment.

(c) The notice published and mailed by the City Clerk shall be substantially in the form set forth in

Section 3-20.060, except that such notice shall be signed by the City Clerk. (Ord. 201 § 3 (part), 2001) (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

At the time stated in the notice set forth in Section 3-20.060 the City Council or the Hearing Officer shall receive and consider the report of costs provided for in Section 3-20.040 and shall hear any objections of the owners of the property to be assessed for the abatement costs. Any person filing any protest or objection who is affected by the proposed charge may file a written report of the objections with the City Clerk at any time prior to the time set for the hearing on the report of costs. Each such objection must contain a description of the property in which the signer thereof is interested and the grounds of the objection. The City Council or the Hearing Officer may modify the report of costs if it deems it appropriate. The City Council may then, by resolution, or the Hearing Officer may then, by a final decision, confirm the report as submitted or modified. The City Council or the Hearing Officer shall make a finding as to whether any attorney's fees incurred by the City and assessed for the abatement costs were reasonably and necessarily incurred. (Ord. 201 § 3 (part), 2001)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

The City Manager may receive payment in full of the abatement costs charged against a parcel of land at any time after confirmation of the report pursuant to Section 3-20.080 and prior to the filing of such report with the County Tax Collector pursuant to Section 3-20.100. (Ord. 201 § 3 (part), 2001)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

After the City Council or the Hearing Officer has confirmed the report of costs to abate the nuisance, and if such costs have not been paid in full, the City Clerk shall at the direction of the City Manager either (1) cause a lien to be charged against the parcel or (2) transmit a copy of the report together with a copy of the resolution confirming the same to the County Tax Collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment for municipal purposes levied against the property on which the nuisance was maintained or from which said nuisance extended. The amount of the assessment shall be collected at the time

(Saratoga Supp. No. 40, 1-17)

36.5

3-20.100

and in the manner as ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes and the property may be sold after three years by the tax collector for unpaid delinquent assessments. (Ord. 201 § 3 (part), 2001) (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

The City Council or the Hearing Officer may order refunded all or any part of a special assessment paid pursuant to the provisions of this Article if the City Council finds that all or any part of the special assessment has been erroneously levied. A special assessment, or any part thereof, shall not be refunded unless a claim is filed with the City Clerk 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 guardian, executor, administrator, personal representative or successor in interest. (Ord. 201 § 3 (part), 2001) (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

36.6

(Saratoga Supp. No. 40, 1-17)

3-25.080