§ 13.16.320. Expense of abatement against property.  


Latest version.
  • If upon recordation of the special assessment lien the property owner and/or the business owner/operator fail to pay the abatement costs and any accrued interest, said costs and interest shall constitute a special assessment against that real property abated. The Hearing Officer shall prepare a report of assessment. Said report shall describe the work performed, the date(s) on which it was performed, the costs incurred by the city and any accrued interest. The Hearing Officer shall cause a copy of the report of assessment to be served upon the property owner and the business owner/operator of the subject property. Said report shall be accompanied by a notice of date, time and place of the confirmation hearing before the City Council. Said notice and report shall be served on the property owner and the business owner/operator of the subject property not less than five days prior to the time fixed for confirmation of said assessment, service shall be made in the manner described in Section 13.16.300A, and service shall be deemed complete at the time of deposit in the United States mail.

    A copy of the report of assessment shall be posted in the office of the City Clerk at least three days prior to the time when the report will be submitted to the City Council.

    At the time set forth in the notice, the City Council shall hear the matter and either modify or confirm the report of assessment. The Council shall confirm said report as presented by the Hearing Officer, unless the Council, after a review of the evidence in the record, finds that either the work assessed was not performed or that there was an error made in calculating the amount owed. After the assessment is made and confirmed, in addition to being a personal obligation of the property owner and the business owner/operator, it shall be a special assessment on the subject property, until said sum, with interest at the maximum legal rate per annum, has been paid in full. Interest shall begin to accrue on the date of lien recordation.

    After confirmation of said report, a certified copy of the resolution of confirmation 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, 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.

(Ord. 12024 § 1 (part), 1997)