ORD 1713 - Laserfiche WebLink

Ordinance No. 1713 Page 4 9.34.070 Abatement at Owner's Expense; Hearing. A. A request for hearing must be received by the City Clerk within seven days of the service of the notice to abate. The City Manager shall set a time and date for hearing and notify the person requesting the hearing of the time, date, and place. The hearing shall be before the City Manager. The heating shall be an opportunity for the person requesting the hearing to present reasons why the graftill should not be abated at the person's expense. B. At the conclusion of the heating, the City Manager shall issue a decision in writing upholding or denying the requirement of abatement. If the requirement is upheld, the decision shall contain an order to abate and a deadline for abatement and shall be served on the person requesting the hearing by first class mail, postage pre-paid. The decision of the City Manager shall be final. 9.34.080 Owner's Expense of Abatement. A. If the graffiti is not abated completely within the time prescribed in the notice to abate or, if the owner timely requested a hearing, within the time prescribed in that hearing's final decision, the City Manager shall cause the graffiti to be abated by City personnel or by private contract. The City or its private contractor is expressly authorized to enter upon the premises to abate the graffiti. B. The City Manager shall keep an accounting of the expense of abatement and shall render the accounting of such expenses to the person or persons receiving the notice to abate. Such person or persons receiving the notice to abate shall be liable to the City for any and all expenses of abatement. C. If payment is not made within thirty (30) days from the date of the accounting and demand for payment, the payment shall be deemed delinquent and shall be subject to a penalty assessment of one hundred ($100.00) dollars plus interest on the unpaid amount plus penalty, which interest shall accrue at the rate of one and one-haif (11/2) percent per month until paid. D. If all or any portion of the expense of abatement accounted by the City Manager remains unpaid after 30 days from the date of the demand for payment, pursuant to Government Code Sections 38773.1, 38773.2, 38773.5, 38773.6, and 38773.7, such portion thereof shall constitute and is hereby declared to constitute a lien on the real property which was the subject of the notice assessment against the real property. The City Manager shall present a resolution of lien to the City Council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Alameda County Recorder's Office. Any such lien not paid by June 30 of each year shall, upon adoption of a resolution by the City Council, may be collected along with, and in the same manner as, the general property taxes. The liened property shall be subject to the penalties, procedures, and sale in case of delinquency as provided in the Civil Code of California.