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Upon completion of the work necessary to abate a nuisance following the failure of the owner of the property on which the nuisance is located to abate such nuisance within the time prescribed by a nuisance abatement order approved by the administrative hearing officer and served on such property owner in the manner provided for by this chapter, the director shall promptly transmit a copy of the record of any abatement costs prepared by the director in connection with such work to the city clerk. Upon receipt of such record of city abatement costs, the city clerk shall schedule a hearing before the administrative hearing officer at the first date the administrative hearing officer is available following the twentieth day after receipt of such record for the purpose of confirming such abatement costs and levying an assessment in the amount of the abatement costs against the owner of the property upon which such abatement work was performed. The administrative hearing officer shall be selected by the city manager. The administrative hearing officer selected by the city manager shall be the city manager or another designee. However, the city manager shall not designate the director as the administrative hearing officer.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §9, Ord. 2592 §1 (part))
At least ten days prior to the scheduled date of a public hearing before the administrative hearing officer on assessment for city abatement costs, the director shall cause a notice of the time and place of such hearing and a copy of the record of city abatement costs which was prepared by the director to be served on the owner of the property on which abatement work was performed and for which such abatement costs were incurred.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §10, Ord. 2592 §1 (part))
At the time and place set for the hearing on an assessment for city abatement costs, the administrative hearing officer shall consider the record of city abatement costs prepared by the director, as well as all relevant evidence bearing on the reasonableness of the city abatement costs, including, in particular, any protest to such abatement costs made by the owner of the property upon which abatement work was performed and for which such abatement costs were incurred. At the conclusion of the hearing, the administrative hearing officer shall determine whether the abatement work performed by the director was necessary to abate the nuisance required by the nuisance abatement order issued by the administrative hearing officer served on the owner of the property upon which such nuisance was located in the manner provided for by this chapter, and whether the costs of such nuisance work was reasonable, given all of the circumstances of the case.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §11, Ord. 2592 §1 (part))
After considering city abatement costs at a public hearing in the manner hereinbefore provided by this chapter, the administrative hearing officer shall, by administrative declaration, confirm such costs or any part thereof found by the administrative hearing officer to be reasonable, and shall levy an assessment against the owner of the property on which the abatement work was performed in the amount of such costs. In addition to levying an assessment against the owner of the property upon which city abatement work was performed in an amount of the city's abatement costs, the administrative declaration shall set forth the date of the nuisance abatement order and a brief description of the abatement work performed by or on behalf of the city, shall describe the property upon which such work was performed by legal description, assessor's parcel number, and where possible by a street address, shall contain the name and current address of the owner of such property, shall state that payment of the assessment shall be due immediately upon service of the administrative declaration on the owner of the property in the manner hereinafter provided by this chapter, and shall state the assessment is being imposed by the city as a nuisance abatement lien against the property. Moreover, in its administrative declaration by the administrative hearing officer shall provide for collection of the assessment in the event of nonpayment either by recordation of the administrative declaration in the manner provided for by Section 38773.1 of the California Government Code, or by including the assessment on the county tax rolls in the manner provided for by Section 38773.5 of the Government Code. Following adoption of the administrative declaration, the city clerk shall immediately transmit two certified copies of the administrative declaration to the director.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord 2364 §12, Ord. 2592 §1 (part))
Following receipt of an administrative declaration levying an assessment for city abatement costs, the director shall cause the administrative declaration to be served on the owner of the property upon which city abatement work was performed in the following manner:
A. If the administrative declaration levying the assessment provides for collection of the assessment by recordation of the administrative declaration against the property upon which city abatement work was performed, the director shall cause notice of and a copy of the administrative declaration to be served on the owner of record of the property on which the nuisance was maintained, based on the last equalized assessment roll or the supplemental assessment roll, whichever is more current, and in the same manner as required by law for the service of a summons in a civil action, as set forth in Article 3, Chapter 4, Title 5 of Part 2 of the Code of Civil Procedure (commencing with Section 415.10); provided, however, that in the event the owner of record of the property upon which the city abatement work was performed cannot be found after a diligent search for same, the director shall serve the notice of and copy of administrative declaration by posting a copy thereof in a conspicuous place upon such property for a period of 10 days, and by publishing a copy of the notice of and a copy of administrative declaration in a newspaper of general circulation in the county of Butte in the manner provided for by Section 6062 of the Government Code.
B. If the administrative declaration levying the assessment provides for collection of a special assessment by inclusion of the assessment on the county tax rolls, the director shall cause notice of and a certified copy of the administrative declaration to be served on the owner of the property upon which the city abatement work was performed by certified mail, to the property owner, if the property owner’s identity can be determined from the records of the Butte County Clerk-Recorder. Such notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the Butte County Treasurer-Tax Collector for unpaid delinquent assessments.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord, 2364 §13, Ord. 2592 §1 (part))
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