ORD 1984 - Laserfiche WebLink

Ordinance No. 1984 Page 8 of 10 D. Violations Deemed a Public Nuisance; Abatement: Lien Against Property. 1. Nuisance Declared; Abatement. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by the Operations Services Director, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney. 2. Written Notice: Prior to bringing any action to abate the nuisance, the City shall provide written notice to the Food Service Establishment. The notice shall state that if the nuisance is not voluntarily abated within the stated period, the City will abate the nuisance and the expense of abatement shall become a charge and shall be a lien against the property. In the event that the Food Service Establishment does not own the underlying property where the violation exists, the City shall also provide written notice to the owner of the property as shown in the last equalized assessment roll. 3. Cost Borne by Owner; Lien. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien recorded upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within 30 days after the completion by the Operations Services Director of the removal of the nuisance, the City may record a lien against the property to recover the costs of abatement as well as any costs, including attorney's fees, incurred by the City to secure the lien. 4. Assessment Lien Confirmed by City Council; Notice and Hearing. The Operations Services Director shall keep an account of the costs incurred by the City and shall provide a reporting to the City Council for hearing and confirmation. The Operations Services Director shall mail notice to the owner of the property of the time and place for the hearing. The notice shall be in a form substantially as follows: "NOTICE OF HEARING: ASSESSMENT LIEN TO BE RECORDED AGAINST PROPERTY TO COVER COSTS OF ABATEMENT FOR DISCHARGE TO SANITARY SEWER SYSTEM This is a notice to advise you that the City Council for the City of Pleasanton will be holding a hearing on 200_ at _p.m. in the Council Chambers located at 200 Old Bernal, Pleasanton California. The City Council will consider ordering the City Clerk to record a lien against your property to cover the costs of abating a discharge that occurred on your property to the City's sanitary sewer system. Said costs will include attorney's fees and other costs necessary to secure the lien against your property. At the time and place stated above, the City Council shall consider a report by the Operations Services Director. The City Council shall also consider any protests or objections raised by you or any interested person. The Council may make any corrections or modifications in any proposed assessment which it may deem to be excessive or incorrect and then shall confirm the amount of costs by resolution and the amount thereof shall become a lien against the property.