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A. At the time and place set for the hearing, the city council shall review and consider the record before and the report and decision of the hearing officer and written and oral evidence and argument relative to the report and decision of the hearing officer. The hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances reasonably permit.
B. Upon conclusion of the hearing, the city council shall, on the basis of the record before and the report of the hearing officer, and considering such evidence and argument as may have been presented and received at the hearing, determine whether the decision of the hearing officer should be upheld, modified, or overturned. The determination of the city council shall include a statement as to whether or not a public nuisance exists. If the city council finds that a public nuisance exists, it shall, by resolution, order the nuisance abated within a reasonable time to be set forth in the resolution. If the city council finds that no public nuisance exists, the notice to abate shall be deemed to have been withdrawn and the matter shall be terminated. The determination of the city council shall be final.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.120)
A copy of the city council's resolution ordering abatement of the nuisance shall be served upon the owner of the property by one of the methods described in Section 8.32.040 of this chapter (excluding the need to insert a newspaper advertisement if service by posting is selected). If the city council finds that no nuisance exists, notice of such finding shall be served in the same manner on the owner of the property and a copy of such notice shall be delivered or mailed to the hearing officer.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.130)
Any owner shall have the right to abate the public nuisance in accordance with the city council's resolution ordering abatement, at his or her own expense, provided the same is completed prior to the expiration of the time set forth in the resolution. Upon compliance with the resolution by the owner, the proceedings hereunder shall be deemed terminated. If such nuisance is not completely abated by the owner, as directed, within the time set forth in the resolution, then the city manager shall cause the same to be abated by city personnel or private contract (authorized, if otherwise required, by the city council), and entry upon the premises is expressly authorized for such purposes.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.140)
Upon completion of the abatement by or under direction of the city manager, the city manager shall cause a report of the proceedings and account of the costs thereof to be prepared and shall submit it to the city clerk for submission to the city council for hearing thereon. The city clerk shall set a time and place for the city council to receive and consider the statement of cost, which shall be at least seven calendar days after the date of filing, and shall post a copy of said report and account and notice the time and place of hearing in a conspicuous place at or near the council chambers.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.150)
At the time and place set for receiving and considering the report and statement of cost, the city council shall hear and pass upon the statement of cost, together with any objections or protest raised by any interested parties. Thereupon, the city council may make any such revision, correction or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, or as revised, corrected or modified, shall be confirmed by resolution. Such hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances permit. The decision of the city council shall be final. The city's finance department may accept payment of any amount due prior to the city council hearing described in this section.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.160)
The city clerk shall give notice of the city council's decision regarding the statement of costs to the owner or owners of said property in one of the methods described in Section 8.32.040 of this chapter (excluding the need to insert a newspaper advertisement if service by posting is selected).
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.170)
The cost of abatement of a nuisance, as confirmed by resolution of the city council, shall constitute a special assessment against the property to which it relates, and after its recording as thus made and confirmed, the same shall constitute a lien on said property in the amount of such assessment. After the confirmation of the statement, a copy thereof shall be transmitted to the auditor, assessor and tax collector of the county by the city clerk, whereupon it shall be the duty of the auditor, assessor and tax collector, as appropriate, to add the amount of such assessment or assessments to the next regular bills of taxes levied against the respecting lot or parcel of land, and thereafter, the amount shall be collected at the same time and in the same manner as ordinary real property taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in the case of delinquency as provided for ordinary real property taxes. The provisions of Sections 39580--39585, inclusive, the state of California Government Code are incorporated by reference and made a part of this chapter.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.180)
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