§ 12.04.060. Mandatory repair—Prospective notice of lien.  


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  • In the event the property owner does not commence the repair of a dangerous sidewalk condition within two weeks after notice is given and diligently and without interruption prosecute same to completion, the Director of Public Works shall make such repair, and the cost of the same shall become a lien on the property upon confirmation by the City Council. Prior to the commencement of said work by the city, a prospective notice of lien may be filed by the Director of Public Works with the Alameda County Recorder against the property. Such prospective notice of lien will take the form set forth hereinbelow:

    PROSPECTIVE NOTICE OF LIEN

    Pursuant to the Streets and Highways Code of the State of California and the provisions of Chapter 12.04 of the Oakland Municipal Code, I caused a Notice To Repair a dangerous sidewalk condition to be mailed to the subject property owner and/or posted on the subject property, notifying the property owner of their responsibility to repair a dangerous sidewalk condition. The owner of said property has failed to diligently and without interruption prosecute same to completion, nor has the property owner entered into an Agreement to allow the city and/or its contractor to perform the necessary work. The estimated cost of said repairs, including collection costs, is $__________ and said amount has not been paid. The City of Oakland does hereby give public notice of its claim in said amount against subject property and of pending city action to record a lien against said property when the repairs have been completed. The real property herein referenced and upon which a prospective notice of lien is claimed, is that certain parcel of land lying and being in the City of Oakland, county of Alameda, State of California, and particularly described as follows, to wit:

    (Insert description of property)

    Dated this ___ day of ________, 19___.

    ___________

    Director of Public Works

    City of Oakland

(Prior code § 6-1.075)