Whenever the City Engineer determines that any existing excavation or fill has become a menace to life or property or threatens the safe and operable condition of any public way, watercourse, or other public property, or violates the Alameda County Urban Run-Off Clean Water Program, written notice as specified in Section 7-12-715 above shall be given to the owner of the premises upon which said condition exists to abate said condition in such premises upon which said condition exists to abate said condition in such manner as shall comply with the law. The order shall specify the adverse and/or dangerous condition, the manner in which the same shall be abated, and the period within which such abatement shall be accomplished. In determining said period within which said owner shall abate said adverse and/or dangerous condition, the City Engineer shall consider the nature of said condition and its effect on life, safety, and property, its effect on storm water quality, together with the time reasonably required by said owner to comply with such order. It shall be unlawful for any owner to fail or neglect to comply with such order of the City Engineer. In the event the owner shall not promptly proceed to abate said dangerous condition, as ordered by the City Engineer, the abatement procedures set forth in Sections 7-12-805 through 7-12-835 will be undertaken.
The City Engineer may file with the City Manager a written complaint setting forth facts showing that a dangerous condition exists upon any premises in the City of San Leandro. Upon receipt of such complaint, the City Manager shall present the same to the City Council, and the City Council shall forthwith by resolution fix a time and place for a public hearing on such complaint.
The City Engineer shall cause a copy of such resolution and complaint to be served upon the person in possession of such premises, or upon the owner thereof, not less than five days prior to the time fixed for such hearing. Such service may be by delivery of a copy of such resolution and complaint to the owner or occupant personally or by enclosing the same in a sealed envelope, postage pre-paid, addressed to the occupant at such premises, or to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the City of San Leandro, and depositing the same in the United States mail. Services shall be deemed completed at the time of the deposit in the United States mail.
Upon the date, and at the place and hour fixed for the hearing on such complaint, the City Council shall hear such evidence as may be presented by any interested party. Such hearing may be continued from time to time by the City Council. Upon the completion of such hearing, the City Council shall either dismiss the complaint, or shall direct that the dangerous condition shall be abated. The City Engineer shall forthwith give written notice, in the manner provided in Section 7-12-805 to the owner or occupant of said premises to abate such condition forthwith. If such abatement is not commenced within five days thereafter, and diligently prosecuted to completion, the City Engineer shall cause the same to be abated. The City or its representatives shall have the authority to enter upon the property to abate the condition constituting the hazard.
The Council shall order to be paid all sums which may be necessarily expended by the City Engineer in abating such condition. In lieu of employing a contractor, or other person to abate such condition, the City Engineer may call upon the City forces to abate such condition.
The cost outlined in Section 7-12-810 above shall constitute a special assessment against that real property abated. The City Engineer shall cause a copy of the report of assessment to be served upon the owner of said property not less than five days prior to the time fixed for confirmation of said assessment; service may be by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his/her last known address as the same appears on the last equalized assessment rolls of the City of San Leandro, and depositing the same in the United States mail; and service shall be deemed completed at the time of deposit in the United States mail.
A copy of the report of assessment shall be posted by the City Clerk at least three days prior to the time when the report will be submitted to the City Council. After the assessment is made and confirmed, it shall be a lien on the said real property.
Such lien attaches upon recordation in the Office of the County Recorder, Alameda County, by certified copy of the resolution of confirmation. After confirmation of the report, a certified copy shall be filed with the County Auditor, Alameda County, on or before August 10. The description of the parcel reported shall be that used for the same parcel as the County Assessor's map books for the current year. The County Assessor shall enter each assessment on the County tax roll opposite the parcel of land. 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 the same procedure for foreclosure and sale in case of delinquencies as provided for ordinary municipal taxes.
The lien mentioned in Section 7-12-815 shall take the following forms:
NOTICE OF LIEN |
Pursuant to authority vested in me by Resolution No. ________________of the Council of the City of San Leandro, passed on the ________ day of ________, 20________________ , and the provisions of Chapter 12, Title VII or the San Leandro Municipal Code, I did, on the ________________day of ________, 20______, cause an adverse and/or dangerous condition located upon the hereinafter described real property to be abated at the expense of the owners thereof, in the amount of $________, and that said amount has not been paid nor any part thereof, and the City of San Leandro does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon the said real property until said sum with interest thereon at the legally allowable rate from the date of the recordation of this lien in the Office of the County Recorder of the County or Alameda, State of California, has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City or San Leandro, County of Alameda, State of California, and particularly described as follows, to wit: |
(Insert Description of Property) |
Dated this ________ day of _______, 20_______. |
____________ City Engineer City of San Leandro |
In order to fulfill the responsibility outlined in Section 7-12-810 above, owners may elect to have the City abate the dangerous condition. The City Engineer is authorized and directed to execute an agreement on behalf of the City with such persons which would include the following conditions:
(1)
Agreement to allow City and/or its contractor to enter the property and perform the necessary work:
(2)
agreement to pay the actual abatement cost, plus interest, plus an additional charge to cover the City's cost of contract administration, engineering and inspection; the interest rate to be charged will be the rate of interest earned on the City's investment portfolio, as reported by the Director or Finance, for the most recent month prior to execution of the agreement, rounded to the nearest one-half percent;
(3)
option to pay these costs in annual installments not to exceed five years with the ability to pay the balance at any time before the five year period is completed; and
(4)
a notice of lien will be filed by the City Engineer with the Alameda County Recorder against the property and will be released only when the charges have been paid in full. Such lien will take the form set forth herein; and
The lien mentioned in Section 7-12-825 shall take the following form:
NOTICE OF LIEN |
Pursuant to the provisions of Chapter 12, Title VII of the San Leandro Municipal Code, I did, on the ________ day of ________, 20______ an adverse and/or dangerous condition located upon the hereinafter described real property to be abated at the expense of the owner thereof, in the amount of $ ________ and that said amount has not been paid nor any part thereof, and the City of San Leandro does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon the said real property until said sum with interest thereon at the rate of ______ per annum from the date of the recordation of this lien in the Office of the County Recorder of the County of Alameda, State of California, has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed, is that certain parcel of land lying and being in the City of San Leandro, County of Alameda, State of California, and particularly described as follows, to wit: |
(Insert Description of Property) |
Dated this ________ day of ________, 20______. |
____________ City Engineer City of San Leandro |
An owner shall be deemed to be delinquent in the payment of a voluntary abatement if said owner fails to make an annual payment within three months of the due date for such annual payment. In the event of delinquency, the City shall proceed pursuant to Section 7-12-815. The costs which constitute the special assessment shall be those outlined in Section 7-12-825.
Nothing in the foregoing subsection shall be deemed to affect the rights of the City, or any private person to proceed in any court of competent jurisdiction for abatement of such nuisance, public or private, by injunctive or other judicial relief available by the terms of any law.