§ 13.16.310. Abatement procedure.

A.

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

Thereafter the Hearing Officer shall forthwith give or cause to be given written notice, in the manner provided in Section 13.16.300A, to the property owner and to the business owner/operator or person in possession of said premises to abate such condition forthwith. Service of said notice shall be deemed complete at the time of deposit in the United States mail. If such abatement is not commenced within seven days thereafter and diligently prosecuted to completion, the Hearing Officer shall, at the property owner's and/or business owner's/op-erator'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 Hearing Officer, the Council of the city shall hear such evidence as may be presented by the property owner and/or the business owner/operator, 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 condition be abated.

Upon direction of the City Council to abate, the Hearing Officer shall give written notice, in the manner provided in Section 13.16.300A, to the property owner and to the business owner/operator or person in possession of said premises to abate such condition forthwith. Service of said notice shall be deemed complete at the time of deposit in the United States mail. If such abatement is not commenced within seven days thereafter and diligently prosecuted to completion, the Hearing Officer shall at the property owner's and business owner's/opera-tor's expense cause the same to be abated.

C.

Abatement. The Council shall order to be paid by the property owner and the business owner/operator of said premises all sums which may be necessarily expended by the Hearing Officer and the authorized enforcement official in abating such condition, including but not limited to the abatement work cost, abatement contract administering costs, and abatement work supervising costs. In lieu of employing a contractor or other person to abate such condition, the Hearing Officer may call upon the Public Works Agency, Maintenance Services Division, or other departments of the city to abate such condition. Upon completion of the abatement work said abatement costs shall be secured by a special assessment lien recorded against the subject property in the office of the County Recorder, Alameda County. Said special assessment lien shall substantially comply with the form outlined in Section 13.16.340. At the time that the city elects to perform the abatement work, the Hearing Officer may record a notice of prospective special assessment lien against the subject property. Such notice shall include a description of the proposed abatement work and an estimate of its costs. The notice shall indicate that the actual costs may exceed the city's estimate.

(Ord. 12024 § 1 (part), 1997)