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(a) The hearing shall be held at the time and place designated in the Director's Notice to determine whether the Director should abate the public nuisance by ordering that such work be done and assess costs against the property for abating the nuisance. For good cause the hearing may be continued by the Director to a later time. Subject to the procedures prescribed by the Director for the orderly conduct of the hearing, all persons having an interest in the building or structure may present evidence materially bearing on the case for consideration by the Director.
(b) The Director shall appoint a hearing officer to conduct the hearing by taking testimony and other evidence from the Department, the property owner and any other interested parties. The hearing officer shall have the same authority as the Director to hear and decide the case and to make any order hereinafter provided for including abating the public nuisance by ordering that the work be done and assessing costs against the property for abating the nuisance.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) At the conclusion of the hearing, the hearing officer may issue an order abating the public nuisance by requiring that the work be done and assessing costs against the property for abating the nuisance ("Director's Order").
(b) The Director's Order shall set forth the following:
(1) The street address of the property where the Director has ordered the public nuisance to be abated sufficient for identification.
(2) A statement of the work required to be done to abate the public nuisance.
(3) A statement that the property owner has 30 days from the date of the Director's Order to abate the public nuisance by completing the required work.
(4) The date and time on which the Department will enter the property to do the work required to abate the public nuisance.
(5) A statement of the costs to be assessed against the property to abate the public nuisance, including the costs incurred to date and any additional costs to be incurred if the required work is not done by the date ordered by the Director.
(6) A statement that the property may be sold by the Tax Collector after three years for unpaid delinquent assessments.
(c) Upon written application of the property owner showing a reasonable cause for any delay, the Director may grant a reasonable extension of time not to exceed 30 days within which the work required to abate the public nuisance must be completed.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
A copy of the Director's Order shall be posted in a conspicuous place upon the building or structure and shall be served in the manner prescribed in Section 920 upon all persons to whom the notice of hearing is required to be served, and a copy shall be recorded in the office of the Recorder of the City and County.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
Upon a property owner's failure to comply with a Director's Order issued under Section 923 the property owner shall be deemed to have forfeited all right to do such work on said building or other structure except as the Director may otherwise allow.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) The Director shall take action to have the costs of abating the public nuisance assessed against the property upon which said building or other structure is situated. Such costs shall include;, (i) the cost of performing the required construction in accordance with the provisions of Section 917; (ii) an amount equal to 15 percent of such cost to cover the cost to the City for administration and supervision of the work required; and (iii) any costs incurred by any other City department, including the City Attorney's Office, in furtherance of the work done or related to any action, administrative proceeding, or special proceeding to abate the public nuisance.
(b) In any action, administrative proceeding, or special proceeding to abate the public nuisance, the prevailing party may seek recovery of attorneys' fees; provided, however, that the recovery of such fees is available only if the City, at the initiation of the individual action or proceeding, elects to seek recovery of its own attorneys' fees. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
The Department shall keep an account of the cost of all work done or caused to be done by the Department or by contract to which shall have been added the 15 percent administrative and supervisory cost and any costs incurred by any other City department and shall render an itemized report in writing to the Board of Supervisors showing such cost.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
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