It shall be unlawful for any person owning, leasing, occupying or having charge of any premises in this City to conduct any enterprise on such premises in such manner which in the determination of the City Manager is directly resulting in fugitive dust, mud, dirt, crushed rock or other similar material being discharged, carried or entrained from the property to the extent that any of the following conditions result:
(a) 
Injury, detriment, nuisance or annoyance to the public;
(b) 
Danger to the comfort, repose, health or safety of the public;
(c) 
Injury or damage to business or property;
(d) 
Hazardous conditions on the public right-of-way;
(e) 
Blight or the impairment of property values;
(f) 
Increased costs for maintenance of the public right-of-way; or
(g) 
Any condition set forth in Section 4-17-105 of this Chapter.
Whenever the City Manager has inspected or caused to be inspected any premises and has found and determined there is reasonable cause to believe that such premises are in violation of Section 4-17-200, he or she shall give written notice to the owner of record of the premises, containing:
(a) 
The street address and such other description as is required to identify the source;
(b) 
A statement describing the conditions believed to be in existence in violation of Section 4-17-200;
(c) 
A statement of the action required to be taken to abate the conditions; and
(d) 
A request to the owner to, within 10 days, meet with or communicate with the City Manager to discuss abatement.
The above notice shall be sent certified mail to the record owner as shown on the latest equalized assessment roll.
In the event said owner shall fail, neglect or refuse to respond to the notice within the time provided in Section 4-17-205, or if it appears after the expiration of the 10 days, that negotiations are not proceeding in a satisfactory manner, the City Manager shall issue a notice ordering the owner to appear at a hearing before the City Council to determine whether any of the conditions specified in Section 4-17-200 exist on the premises and, if such are found to exist, to show cause why the premises should not be declared a public nuisance and the nuisance abated by the City. This notice shall be served upon the owner by the City Clerk not less than 10 days prior to the hearing date.
Notice of hearing shall be served in person or by certified mail to the record owner as shown on the latest equalized assessment roll. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:
"NOTICE OF HEARING ON ABATEMENT OF NUISANCE
This is a notice of hearing before the City Council to determine whether any of the conditions specified in Section 4-17-200 and set forth below exist in violation of said section on the premises situated in the City of San Leandro, State of California, known and designated as (street address) __________ in said City and more particularly described as (assessor's parcel number) ___________ and if the City Council so finds, to provide you the opportunity to show cause why the premises should not be declared a public nuisance and the nuisance abated by the City. If said premises, in whole or in part, are found to contain any of said conditions and the conditions are declared to constitute a public nuisance, and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the costs of such abatement will be assessed upon such premises and such costs, together with interest thereon, will constitute a lien upon such premises until paid; or you may be cited for violation of the provisions of the Municipal Code and subject to a fine.
Said alleged conditions consist of the following:
The methods of abatement available are:
All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.
Dated this __________ day of _______20___.
__________________________
City Manager
Time and Date of Hearing: _______________
Location of Hearing: ________________ "
At the time stated in the notice, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony relative to such alleged public nuisance and to proposed rehabilitation, demolition or repair of such property. Said hearing may be continued from time to time.
All hearings shall be tape recorded.
Hearings need not be conducted according to the technical rules of evidence.
Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which seasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.
Upon the conclusion of the hearing, the Council shall determine whether any of the conditions specified in Section 4-17-200 exist on the premises in violation of said section. If the Council so finds, it shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired or having installed or constructed an all-weather surface in the manner and means specifically set forth in said resolution. The resolution shall set forth the times within which such work shall be commenced and completed by the owner. The decision and order of the Council shall be final.
A copy of the resolution of the Council ordering the abatement of said nuisance shall be served upon the owner(s) of said property in accordance with the provisions of Section 4-17-215. Upon abatement in full by the owner, the proceedings hereunder shall terminate.
If such nuisance is not abated as ordered within said abatement period, the Council may, among other things, direct the City Manager or designee to cause the same to be abated by City employees or private contract. The City Manager and designees are expressly authorized to enter upon said property for such purposes.