§ 13.16.330. Emergency work by the city.

A.

Emergency Abatement. Whenever, in the opinion of the authorized enforcement official, an imminent threat to the public's health or safety exists, the enforcement official is authorized to proceed with all necessary work to abate the condition. The official may take whatever reasonable steps are necessary to inspect or abate such imminent hazard without resort to notice, obtaining permission of entry or an inspection warrant. Such official shall, however, provide such pre-inspection or abatement notice and seek permission as appropriate in the circumstances and document the hazard and the reasons it needs to be immediately abated. A post-inspection or abatement hearing shall be held by the Hearing Officer as soon as practical thereafter.

B.

Hearing. At the time and place set for the post-inspection or abatement hearing, the Hearing Officer shall hear such evidence as may be presented by said property owner and/or said business owner/operator, person in possession or their representative, including evidence that no emergency existed. Such hearing may be continued from time to time by the Hearing Officer; provided, that notice is given in the manner provided in Section 13.16.300A to said property owner and to said business owner/operator or person in possession. Service of said notice shall be deemed complete at the time of deposit in the United States mail. The findings of the Hearing Officer shall be rendered at the time of such hearing and thereupon shall be announced to such property owner and to such business owner/operator, person in possession or their representative, provided that such person(s) appears at the hearing. 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.

C.

Confirmation Hearing. The Hearing Officer 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 and the business owner/operator shall be given written notice of the confirmation hearing in the manner provided in Section 13.16.300A of this chapter. Service of said notice shall be deemed complete at the time of deposit in the United States mail.

Upon the date and at the place and hour fixed for the confirmation hearing, the Council of the city shall receive said report and hear such evidence as may be presented by the property owner and/or the business owner/operator, 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 Hearing Officer's report or shall confirm it; provided, that the City Council, if good cause exists, may adjust downward the cost of abatement. After the abatement cost is confirmed, it shall be secured by a special assessment lien recorded against said property in the office of the County Recorder, Alameda County, until said sum with interest at the maximum legal rate per annum has been paid. Said special assessment lien shall substantially comply with the form outlined in Section 13.16.340. Interest shall begin to accrue on the date that the special assessment lien is recorded.

If upon recordation of the lien the property owner and/or the business owner/operator fail to pay the confirmed sum and any accrued interest, said sum and interest shall constitute a special assessment against the real property abated and the Hearing Officer shall follow the procedures outlined in Section 13.16.320 to place such assessment on the county tax roll opposite said property. The amount of assessment shall be collected, and shall be subject to the same penalties and the same procedures for foreclosure and sale in case of delinquencies as provided for ordinary municipal taxes.

(Ord. 12024 § 1 (part), 1997)