A. 
If in the opinion of the collection contractor, a property owner or occupant fails to comply with any of the provisions set forth in this chapter, including, without limitation, PMC § 8.04.040, § 8.04.050, § 8.04.060, § 8.04.070, § 8.04.071(B), § 8.04.080, § 8.04.130, § 8.04.150, § 8.04.210, § 8.04.250, § 8.04.280, and § 8.04.291, a nuisance is presumed to exist upon the premises.
B. 
The collection contractor shall be responsible for reporting presumed nuisances under this section first to the property owner or occupant for an opportunity to resolve the nuisance.
C. 
If the property owner or occupant does not resolve the nuisance within seven days of receipt of report from the collection contractor, the collection contractor shall notify a city enforcement official of the nuisance.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
A. 
The enforcement official shall serve written notice upon each property owner or occupant who fails to comply with the Pittsburg Municipal Code. The notice shall state:
1. 
The relevant requirements of this chapter, including, without limitation, PMC § 8.04.040, § 8.04.050, § 8.04.060, § 8.04.070, § 8.04.071(B), § 8.04.080, § 8.04.130, § 8.04.150, § 8.04.210, § 8.04.250, § 8.04.280, and/or § 8.04.291;
2. 
That a nuisance is presumed to exist on the premises because of the noncompliance;
3. 
A prescribed remedy for all instances of noncompliance.
4. 
The 15-day period for curing the nuisance or requesting a hearing;
5. 
That if these notice instructions are not complied with, the city will abate the nuisance by completing the remedies listed;
6. 
That the city's cost for abatement of the nuisance, including administrative costs incurred, may be levied as a special assessment lien against the real property where the premises are located;
7. 
The estimated cost of abatement for the proposed remedies;
8. 
The property owner's or occupant's hearing rights under PMC § 8.04.330, and that he or she may appear in person at the hearing or submit a sworn statement instead of appearing.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
The notice specified in PMC § 8.04.310 shall be considered served when it is deposited in the United States Post Office with postage prepaid and addressed to the property owner or occupant in control of the premises at the last known address according to the current county assessment roll or as known to the city. If no address is there shown or known, then the notice shall be mailed to General Delivery, Pittsburg, California, and posted on the premises. Failure of a property owner or occupant to receive notice given does not affect the validity of the abatement proceedings.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
A. 
A property owner or occupant subject to the requirements of PMC § 8.04.040, § 8.04.050, § 8.04.060, § 8.04.070, § 8.04.071(B), § 8.04.080, § 8.04.130, § 8.04.150, § 8.04.210, § 8.04.250, § 8.04.280, and § 8.04.291 may have a hearing by filing a written request with the enforcement official on the question of why the property owner or occupant should not be required to comply with the provisions of the aforementioned PMC sections.
B. 
If a hearing is requested within 15 days of service of the notice, the hearing shall be held within 20 days of the request at a time and place fixed by the enforcement official. Notice of the hearing shall be mailed to the property owner or occupant requesting the hearing at least 10 days before the hearing date.
C. 
If no hearing is requested as provided in subsection (B) of this section and the enforcement official has not been advised in writing the prescribed remedy has been made, then the enforcement official is authorized to abate the nuisance as described in the notice.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
Every hearing under this chapter shall be a public hearing held before the enforcement official who may receive all evidence considered material. The hearing officer is not limited to the technical rules of evidence. The property owner or occupant may either appear in person or submit a sworn written statement in time for consideration at the hearing.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
If at the conclusion of the public hearing the hearing officer determines that no exemption under PMC § 8.04.040, § 8.04.050, § 8.04.060, § 8.04.070, § 8.04.071(B), § 8.04.080, § 8.04.130, § 8.04.150, § 8.04.210, § 8.04.250, § 8.04.280, and § 8.04.291 is applicable or that no remedy was made in a timely manner, then the hearing officer shall order abatement be completed by the city or collection contractor for the cost of abatement of the nuisance. The hearing officer shall determine the cost of abatement to be charged against the property owner or occupant. The written order including the cost of abatement shall be mailed to the property owner or occupant and any person who made a written presentation to the hearing officer for the hearing but did not appear.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
A property owner or occupant aggrieved by the decision of the hearing officer under this chapter may appeal to the city council by filing written notice of appeal with the city clerk within 10 days of the decision. The city council shall hear the appeal after written notice of the time and place of the hearing has been mailed to the aggrieved property owner or occupant within 10 days before the hearing. The decision of the city council is final.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
If the owner of the premises has not established an exemption from the requirements of PMC § 8.04.040, § 8.04.050, § 8.04.060, § 8.04.070, § 8.04.071(B), § 8.04.080, § 8.04.130, § 8.04.150, § 8.04.210, § 8.04.250, § 8.04.280, and § 8.04.291 after a hearing and decision as provided in PMC § 8.04.340 through § 8.04.360, or completed the prescribed remedies for infractions, then the enforcement official shall direct the enforcement officer or the collection contractor to abate the nuisance at the noticed cost.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
A. 
The administrative costs in an abatement proceeding authorized by this chapter shall be based on (1) the actual expense incurred by the city and (2) delinquent fees owed to the collection contractor. These abatement costs may not exceed the estimate in the costs noticed or the written decision (PMC § 8.04.350), whichever is greater.
B. 
The enforcement official shall keep an account of these charges incurred for each parcel of real property served.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
The abatement cost is due and payable by the property owner of the premises within 30 days after the order or the final disposition of an appeal from that order. If the property owner fails to make the required payment within 30 days, the amount due shall be charged to the property owner as a special assessment against the parcel of land pursuant to Government Code Section 38773.5. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and it shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to levy, collection and enforcement of municipal taxes apply to this special assessment.
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
The enforcement official shall file with the tax collector a certificate substantially in the following form:
NOTICE OF SPECIAL ASSESSMENT
(Cost of Refuse Nuisance Abatement)
Under Government Code section 38773.5 and Chapters PMC § 8.04.040, § 8.04.050, § 8.04.060, § 8.04.070, § 8.04.071(B), § 8.04.080, § 8.04.130, § 8.04.150, § 8.04.210, § 8.04.250, § 8.04.280, and § 8.04.291 of Title 8 of the Pittsburg Municipal Code, city abated a public health nuisance on the parcel of real property described below, of which the named person(s) is the owner shown on the current assessment roll. The city fixed the below-shown amount as the cost and hereby claims a special assessment against the parcel for this amount.
AMOUNT OF ASSESSMENT: $________
OWNER(S): _______________________
PARCEL: Real property in City of Pittsburg, Contra Costa County, California:
County's Assessor's parcel #__________
[Other description where needed]:
Dated:_______________ City of Pittsburg
By: _________________________
(Enforcement Official)
(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)
Notwithstanding any other provision, enforcement may be undertaken pursuant to the administrative citation and fine provisions at PMC § 1.20.030 et seq., at the city's discretion. The issuance of an administrative citation and/or the imposition and/or payment of an administrative fine pursuant to the administrative citation sections shall be in addition to and not exclusive of any other remedy for violation of ordinances that is available under federal, state or local law or regulation.
(Ord. 21-1489 § 1, 2021)