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(A) Whenever the Superintendent of Public Works determines that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, he or she may issue a written order requiring that the conditions productive of the nuisance be abated within a period of ten days thereafter and shall forthwith serve the order upon the person occupying the premises, if any, and if no person occupies the premises, the order shall be posed upon the premises in a conspicuous place. In addition, a copy shall be mailed to the owners of the premises as their names and addresses appear upon the last equalized assessment roll. The Superintendent of Public Works may for good cause extend the time specified in the order or otherwise modify or rescind the order. The order of abatement shall advise the possessors and owners of the property of their right to appeal to the City Council and to stay the order of abatement pending the appeal.
(1994 Code, § 13.12.110)
(B) Any person whose application for a permit has been denied or whose permit once issued has been revoked or suspended, or who has been given an order of abatement may, within ten days following the receipt of the notice of the denial, suspension or revocation, or of the order of abatement, file an appeal in writing to the City Council. The appeal shall be accompanied by a filing fee of $25 and shall specify the grounds upon which the appeal is taken. The City Clerk shall then proceed to set the matter for hearing, not later than 20 days thereafter, and the appeal shall stay the effect of any order or action until the City Council hears the appeal and issues its order either to affirm, overrule or modify the action of the Superintendent of Public Works. Notice of the hearing shall be mailed to the appealing party at least live days prior to the hearing.
(1994 Code, § 13.12.120)
(C) In the event that a nuisance is not abated in accordance with an order of abatement, the Superintendent of Public Works may, upon securing the approval of the City Council, proceed to abate the nuisance by force account, contract or any other method deemed most expedient by the City Council.
(1994 Code, § 13.12.130)
(D) The Superintendent of Public Works shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the well is or was located, and the names and addresses of the record owner, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property. A hearing shall be held on the report and any protests or objections thereto, and notice of the hearing shall be mailed to the persons with a legal interest in the property at least ten days prior to the date set for the hearing. The City Council shall determine at the hearing the correct charge to be made for the work. If the costs are not paid by the owner of the property within 30 days of the determination by the City Council, they shall be assessed upon the property involved as a special assessment. The special assessment will then be collected at the same time and in the same manner as city taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to the special assessment.
(1994 Code, § 13.12.140)
(Ord. 73-106, passed - -1973)
This section is currently undergoing review and revision by the city