2009 JANUARY - Laserfiche WebLink

15.44.070 to be used exclusively for costs associated with monitor- ing, implementing, or enforcing the provisions of this chapter. D. Violations Deemed a Public Nuisance- Abatement-Lien Against Property. 1. Nuisance Declared-Abatement. In addition [o 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 nui- sance, 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 no- tice 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 alien against the property. In the event that the food service establishment does not own the underlying prop- erty where the violation exists, the city shall also pro- vide 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 [he same shall be paid. [f the lien is no[ 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 attor- neys' fees, incurred by [he city to secure the lien. 4. Assessment Lien Confirmed by City Coun- cil-Notice and Hearing. The operations services direc- tor shall keep an account of [he costs incurred by the city and shall provide a reporting to [he city council for hear- ing 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 forth substantially as follows: NOTICE OF HEARING: ASSESSMENT LIEN TO BE RECORDED AGAINST PROPERTY TO COVER COSTS OF ABATEMENT FOR DIS- CHARGE TO SANITARY SEWER SYSTEM This is a notice to advise you that the City Council for the City of Pleasanton will be holding a hear- ing on 200_ at p.m, in the Council Chambers located at 200 Old Bernal, Pleasanton California. The City Council will consider order- ing 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 sani- tary sewer system. Said costs will include attor- neys' 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 re- port by the Operations Services Director. The City Council shall also consider any protests or objec- tions raised by you or any interested person. The Council may make any corrections or modifica- tions 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. In the event that the costs are not paid within 30 days of confirmation by the City Council, the City Clerk shall be directed to record an assessment lien against the property and ask the tax collector [o collect the assessment amount as part of the next regular bill for [axes levied against the prop- erty. The assessment shall be subject to the same penalties as are provided for other delinquent [axes or assessments of the City. E. Administrative Enforcement Powers. In ad- dition to the other enforcement powers and remedies established by this chapter, the operations services direc- tor has the authority to utilize the following administra- tive remedies: 1. Cease and Desist Orders. When the opera- tions services director finds that a violation exists or is likely to take place in violation of this chapter, he or she may issue an order to cease and desist such discharge or practice or operation likely to cause such discharge and direct that those persons not complying shall: (a) comply with [Ite requirement, (b) comply with a time schedule for compliance, and/or (c) take appropriate remedial or preventive action to prevent the violation from recur- ring. 2. Notice to Clean. Whenever the operations services director finds that a violation has occurred, he or she may give notice to clean or correct in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. F. Violations Constituting Misdemeanors. Unless otherwise specified by ordinance, the violation of (Pleasamm~ Supp. No. I, I-09) 424-4