§ 13.08.260. Dangerous and insanitary sewer condition—Notice of hearing, hearing, and appeal.

A.

Notice of Hearing. The Director of Public Works or the Alameda County Health Officer, upon the failure of the owner to promptly proceed to abate said dangerous and insanitary condition as ordered, may forthwith fix a time and place for an administrative hearing of the matter. In all such cases, the Director of Public Works or the Alameda County Health Officer shall serve, or cause to be served, notice of said hearing upon the person in possession of such premises, or upon the owner thereof, not less than five days prior to the time fixed for such hearing. The notice shall specify the hour, date and place of the hearing and the dangerous and insanitary condition that is the subject of the hearing. Service of said notice may be made by delivery to the owner or person in possession personally or by enclosing the same in a sealed envelope, postage prepaid, addressed to the occupant at such premises, or to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the city, and depositing same in the United States mail. Service shall be deemed complete at the time of the deposit in the United States mail.

B.

Hearing. At the time and place set for the hearing, the Director of Public works or the Alameda County Health Officer, or a designee, shall hear such evidence as may be presented by said owner, person in possession or their representative. Such hearing may be continued from time to time by the Director of the Public Works or the Alameda County Health Officer, provided that notice is given to said owner or person in possession in the manner described in Section subsection A of this section. The findings of the Director of Public Works or the Alameda County Health Officer, or the designee, shall be rendered at the time of such hearing and thereupon shall be announced to such owner, person in possession or their representative, provided that such person(s) appears at the hearing.

C.

Appeal. Within three days of hearing, the announced findings of the Director of Public Works or the Alameda County Health Officer or a designee, said owner or person in possession may notify the Director of Public Works that he or she wishes to appeal such findings to the City Council. Failure to give the required notice within the three-day period or failure to appear at the administrative hearing shall constitute, unless good cause is shown, a waiver of the right to appeal to the City Council. Upon timely receipt of notice of an intent to appeal, the Director of Public Works or Alameda County Health Officer shall give the appellant not less than three days' prior written notice of the date, place and hour of the appeal to the City Council. Service shall be made in the manner described in subsection A of this section.

The foregoing items apply except where they conflict with requirements for sewers subject to the inflow/infiltration correction program. In those instances, any requirements imposed by the I/I correction program supersede all other requirements, except those imposed by the code for public health and safety.

(Prior code § 6-6.222)