§ 13.08.270. Notice and hearing of dangerous and insanitary sewer condition—Confirmation of proceedings, abatement, prospective notice of lien.

A.

Nonappearance and Untimely Appeals. In those cases where the owner or person in possession either does not appear for the administrative hearing or appears for the hearing but does not give timely notice of an intent to appeal, and there is no good cause shown, the Director of Public Works or the Alameda County Public Health Officer may present his or her report and findings to the City Council for confirmation at the earliest available City Council meeting after the date for the administrative hearing. Said reports and findings shall be placed on the City Council's Consent Calendar and be confirmed or overruled by the Council. If the reports and findings are confirmed, the City Council shall direct that the dangerous and insanitary condition be abated.

Thereafter the Director of Public Works or Alameda County Public Health Officer shall forthwith give or cause to be given, written notice in the manner provided in Section 13.08.260A, to the owner or person in possession of said premises to abate the condition. If such abatement is not commenced within five days thereafter, and diligently prosecuted to completion, the Director of Public Works or Alameda County Public Health Officer shall, at the owner's expense, cause the same to be abated.

B.

Hearing of Appeal. Upon the date and at the place and hour fixed for the hearing of appeal and findings of the Director of Public Works or Alameda County Public Health Officer, the Council of the city shall hear such evidence as may be presented by said owner, person in possession or other representative. Such hearing may be continued from time to time by the City Council. Upon the completion of such hearing, the City Council shall either overrule the findings or shall direct that the dangerous and insanitary condition be abated.

The Director of Public Works shall give written notice, in the manner provided in Section 13.08.260A, to the owner or person in possession of said premises to abate such condition forthwith. If such abatement is not commenced within five days thereafter and diligently prosecuted to completion, the Director of Public Works shall at the owner's expense, cause the same to be abated.

C.

Abatement. The Council shall order to be paid by the owner of said premises all sums which may be necessarily expended by the Director of Public Works in abating such condition. Said sums shall be in accordance with the master fee schedule. 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. In lieu of employing a contractor or other person to abate such condition, the Director of Public Works may call upon the maintenance services or other departments of the city to abate such condition.

D.

Prospective Notice of Lien. The prospective notice of lien referenced in subsection C of this section shall take the following form:

PROSPECTIVE NOTICE OF LIEN

Pursuant to Chapter 13.08 of the Oakland Municipal Code, I caused a notice to repair a dangerous and insanitary sewer condition to be personally delivered or mailed to the subject property owner notifying the property owner of their responsibility to repair a dangerous and insanitary sewer. 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 for 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 § 6-6.223)