Whenever the City Council declares an activity, use of property, or condition of property to be a public nuisance, the City Council may also declare that such public nuisance may be abated according to the procedures in this article. The City Council hereby finds and declares that those public nuisances declared in Section 1-6.301 are susceptible to, and under the peculiar circumstances of each case may warrant, the application of the abatement procedures set forth in this article.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
If, after any order of a hearing examiner made pursuant to §1-6.413 has become final, the person to whom such order is directed shall fail, neglect, or refuse to obey such order within the time so specified in the order or any extension thereof, the hearing examiner may, in addition to any other remedy provided by law, cause the nuisance to be abated, so as to put the premises into such condition that no violation of this Code exists thereon.
b. 
The cost of such abatement shall be made a special assessment against the premises and, in addition, made a personal obligation of the owner thereof, as provided in this Article.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
Pursuant to Government Code §38773.5, the cost of abatement by the City of any nuisance on any parcel of land, including all administrative costs of any action taken pursuant to this chapter, shall be a special assessment against that parcel. 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 and sale in case of delinquency as are provided for ordinary municipal taxes, as set forth in §38773.5 of the Government Code, as amended.
b. 
In the event that any action taken pursuant to this chapter is set aside by the court, no lien shall be imposed.
(§ 1, Ord. 1690, eff. 8/19/1988)
The City Engineer shall keep an itemized account of the expense incurred by the City in abating nuisances under the provisions of this chapter. Upon the completion of the work of abatement, the City Engineer shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property at which the work was performed, and the names and addresses of the persons entitled to notice under Article 4 of this chapter.
(§ 1, Ord. 1690, eff. 8/19/1988)
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 the report 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 persons entitled to notice as specified by the City Engineer pursuant to Section 1-6.504. Such notices shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour and place when the Council will hear and pass upon the report of the City Engineer containing the proposed charge for abatement, together with any objections or protests which may be filed with the Council before or at the hearing.
(§ 1, Ord. 1690, eff. 8/19/1988)
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.
(§ 1, Ord. 1690, eff. 8/19/1988)
If the owner does not pay the expense of abating the nuisance within 5 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 §38773.5 of the Government Code, as amended.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
When a special assessment is charged against property as provided in this chapter, the City shall file in the office of the county recorder a certificate substantially in the following form:
NOTICE OF SPECIAL ASSESSMENT
On ____________________, 19__, the City of Walnut Creek abated a nuisance on the property located at _________________________________________________________________ (Assessor's Parcel No. ____________). This property is owned by _______________________. The abatement was done under the authority of California Government Code chapter 38773.5 and Walnut Creek Municipal Code Title 1, Chapter 6.
The City of Walnut Creek claims a special assessment on the real property for the cost of the abatement in the amount of $__________. This amount is a special assessment against the real property until paid, with interest at the legal rate from _______________, 19___ (date of City Council confirmation of the statement of expenses), and discharged of record.
The real property referred to in this notice is that parcel of land situated with the City of Walnut Creek, County of Contra Costa, State of California, more specifically described as follows: (insert or attach legal description).
Dated: ______________________, 19__
City of Walnut Creek
By ________________
b. 
The City shall file with the county auditor a certified copy of the notice of special assessment, a brief description of the abatement action taken, and a request that the charges be added to the tax rolls and collected at the same time and in the same manner as ordinary municipal taxes. These documents shall be filed on or before the August 10th which follows the close of the tax year in which the abatement action was taken.
(§ 1, Ord. 1690, eff. 8/19/1988)
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.
(§ 1, Ord. 1690, eff. 8/19/1988)
Instead of making the expenses of abating a nuisance a special assessment against the real property under this article, or in addition thereto, the City Council 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 assessment of the property.
(§ 1, Ord. 1690, eff. 8/19/1988)
If, in the opinion of the hearing examiner, there exists a condition on any premises which is of such a nature as to be imminently dangerous to the public health, safety, or welfare, which, if not abated according to the procedures of this chapter, would, during the pendency of the proceedings, subject the public to potential harm of a serious nature, the same may be abated forthwith without compliance with the provisions of this chapter. The owner, occupant, lessee, and other interested holder in the premises shall be given notice of the proposed summary abatement in advance if such notice is consistent with the public welfare.
(§ 1, Ord. 1690, eff. 8/19/1988)
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 premises 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 premises 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.
(§ 1, Ord. 1690, eff. 8/19/1988)