§ 13.08.100. Emergency abatement, dangerous condition.

A.

Order of Abatement. If after issuance of sewer permit an emergency condition exists or could develop because of the connection of a private sewer lateral to the public sewer, the Director of Public Works, or his or her designee, is authorized to order the separation of any lateral determined dangerous, or likely to become dangerous if not disconnected, from any public sewer main or from any private common sewer. An "emergency condition" is defined, for the purposes of this section, as any event, act, or occurrence, either natural or otherwise, which is contributory to, or could contribute to, a land stability problem or is an eminent threat to the public health, welfare, and safety. If circumstances permit, the Director's order of separation shall be delivered either personally or by certified mail, postage pre-paid to the property owner. Where the order is delivered to the property owner, the latter must comply with the order within the period established by the Director. If the property owner does not comply, the Director, or his or her designee, is authorized to have the work done at the expense of the property owner. Also, the work of emergency abatement shall be done at the property owner's expense, where circumstances do not permit prior notice.

B.

Confirmation Hearing. The Director or his or her designee shall keep an itemized account of the costs of the abatement work. A report of the costs shall be submitted to the Council for confirmation. The property owner shall be given written notice of the confirmation hearing in the manner provided in Section 13.08.270.

Upon the date and at the place and hour fixed for the confirmation hearing, the Council of the city shall receive the report and hear such evidence as may be presented by the property owner, including evidence that no emergency existed. Such hearing may be continued from time to time by the City Council. Upon completion of such hearing, the City Council shall either overrule the Director's report or shall confirm it; provided that the City Council, if good cause exists, may adjust downward the costs of abatement. After the assessment is made and confirmed, it shall be a lien on the said real property.

Such lien attaches upon recordation in the Office of the County Recorder, Alameda County, by certified copy of the resolution of the confirmation. After confirmation of the report, a certified copy shall be filed with the County Auditor, Alameda County, on or before August 10th. The description of the parcel reported shall be that used for the same parcel as the County Assessor's map books for the current year. The County Assessor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of 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 for foreclosure and sale in case of delinquencies as provided for ordinary municipal taxes.

(Prior code § 6-6.110)