Loading...
(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)
(a) At the time fixed for receiving and considering said report, the Board of Supervisors shall hear the same, together with any objections which may be raised by any property owner liable to be assessed for the cost described in said report, and thereupon may make such modifications in the report as the Board deems necessary, after which by motion or resolution said report shall be confirmed. The costs assessed for abating a public nuisance at the property, as confirmed by the Board of Supervisors, shall constitute a special assessment against the property and shall constitute a lien on said property for the amount of said assessment. After confirmation of said report, a copy thereof shall be transmitted to the Assessor and to the Tax Collector of the City and County, whereupon it shall be the duty of said officers to add the amount of said assessment to the next regular bill for taxes levied against said property for municipal purposes, and thereafter said amount shall be collected at the same time and in the same manner as ordinary City and County taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary taxes of the City and County of San Francisco.
(b) Notwithstanding any provision contained in this Article making the costs assessed for abating a public nuisance at the property a special assessment against the property upon which the same exists, said cost, as confirmed by the Board of Supervisors and to the extent that the same has not been paid to the City, shall be a personal obligation of the property owner and his heirs, successors and assigns, and said owner and his heirs, successors and assigns shall be liable to the City and County of San Francisco for the payment thereof.
(c) If any property to which the cost of the abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of taxes would become delinquent, then the cost of the abatement shall not result in a lien against the property, but shall instead by transferred to the unsecured roll for collection.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) Whenever the Director, pursuant to authority conferred by this Article, shall abate a public nuisance on a property by causing the required construction in accordance with the provisions of Section 917 to be performed by the Department or pursuant to contract, or take any other action to enforce the requirements of this Article, the cost thereof shall be paid from the "Underground Public Nuisance Abatement Fund" and assessed against the property upon which the particular building or other structure is located.
(b) The assessment charged under Section 928 may be paid either in one lump sum payment or in 10 installments, which would be comprised of biannual payments during the five-year period. If the property owner chooses to pay the assessments in installments, a six percent interest charge shall be added annually.
(Added by Ord. 139-72, App. 5/26/72; amended by Ord. 305-97, App. 7/28/97; Ord. 140-07, File No. 070621, App. 6/22/2007)
Loading...