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HomeMy WebLinkAboutOrd 983-1985ORDINANCE NO. 983-85 AN ORDINANCE REPEALING ORDINANCE NOS~ 405, 287 AND 345 AND CHAPTERS 8.24, 8~32 AND 8.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.24 ENTITLED "ABATEMENT OF NUISANCES" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. ORDINANCE NOS. 405, 287 AND 345 AND CHAPTERS 8.24, 8.32 AND 8.35 REPEALED. Ordinance No. 405 entitled "Dilapidated Buildings - Trash Accumulation", Ordinance No. 287 entitled "Weed Removal", and Ordinance No. 345 entitled "Abandoned Refrigerators-Wells", and Chapters 8.24, 8.32, and 8.36 of the South San Francisco Municipal Code are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act committed or omitted in violation of said ordinances or of said Chapters prior to the effective date of this ordinance. SECTION 2. NEW CHAPTER 8.24 ADDED Chapter 8.24 entitled "Abatement of Nuisances" is hereby added to the South San Francisco Municipal Code and shall read as follows: "Chapter 8.24" ABATEMENT OF NUISANCES Sections: 8.24.010 8.24.020 8.24.030 8.24.040 8.24.050 8.24.060 8.24.070 8.24.080 8.24.090 8.24.100 8.24.110 8.24.120 Purpose and Scope General definitions Nuisances to the public health Offensive Conditions or Hazardous premises Dangerous buildings or structures Enforcement - Right of Entry Notice to Property Owner of Abatement Hearing Abatement of Nuisance by Owner Prior to Scheduled Hearing Manner of conducting Hearing Service on owner of Order of Abatement Abatement after Hearing Maintenance of Records regarding Cost of Abatement Sections: 8.24~130 8.24.140 8.24.150 8.24.160 8.24.170 8.24.180 Notice of Decision Assessment of Costs - A Lien against property Alternative Procedures Summary abatement permitted in certain cases Violation, penalty Remedies, Cumulative 8.24.010 Purpose and Scope. (a) Purpose It is the purpose of this Chapter to provide a just, equitable and prac- tical method, to be cumulative with and in addition to, any other remedy pro- vided by the South San Francisco Municipal Code and the Uniform Codes adopted in said Municipal Code or any other remedy otherwise available at law, whereby any thing, act, occupation or use of property, buildings, structures, or pre- mises which from any cause endanger the life, limb, health, property, safety or welfare of their occupants or the general public may be required to be re- paired, vacated, demolished, terminated or otherwise abated. (b) Scope The provisions of this Chapter shall apply to all nuisances in this jurisdiction, as herein defined, which are now in existence or which may hereafter come into existence. 8.24.020 General definitions. (a) The term "debris" means an accumulation of or broken pieces of any object, of any kind, including but not limited to rock, metal, plastic, cera- mic, wood, glass, rubbish, trash, liquids, or chemicals. (b) The term "Enforcement Officer" means any authorized official of the City of South San Francisco including, but not limited to, the Code Enforcement Officer, Building Official, Health Officer, Fire Marshal or Police Officer. '2- (c) "Garbage" means and includes, but is not limited to, all putrescible animal and vegetable wastes; all household wastes resulting from the preparation, consumption, decay or storage of animal tissue, meats, fish, fowl, birds, fruits or vegetables (not including human feces); and every accumulation of animal and vegetable waste from the establishments where foodstuffs intended for human con- sumption are handled commercially or from any other establishment. (d) The term "owner" includes any person in possession of the affected premises, and any person having or claiming any legal or equitable interest in said premises, as disclosed by a title search from any accredited title company or listed on the latest available equalized tax assessment role of San Mateo County. (e) The term "person" includes, but is not limited to, individuals, corpora- tions, partnerships or associations of any kind. (f) A public nuisance is any thing, act, occupation or use of property which results in any of the following: (1) The injury or endangerment to the safety, health, comfort or repose of persons; (2) Dangerous unguarded machinery in a public place or so operated or situated as to attract the public; (3) The unlawful interference with, obstruction to, or the tendency to obstruct or render dangerous for passage any public park, square, sidewalk, street, lane or highway; (4) A menace to the public peace and/or safety; (5) Erosion or subsidence, of such magnitude as to be injurious or potentially injurious to the public generally or to adjacent pro- perties whether caused by grading operations, excavations, or fill or as a result of the topography~ geology or configuration of the land in its natural state; (6) Water or any other liquid or fluid substance flowing from any building or structure upon any sidewalk, or flowing across any sidewalk in such a manner as to endanger the public safety. (7) Pursuant to California Civil Code Sections 3479 and 3480, any condition which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property thereby affecting at the same time an entire community or neighbor- hood, or any considerable number of persons, although the extent of annoyance or damage inflicted upon individuals may be unequal; (8) Any condition which unlawfully obstructs the free passage or use, in the customary manner, of any bay, stream, canal, or basin, or any public park, square, sidewalk, street, lane or highway. (g) "Refuse", "rubbish" and "trash", whether used singly or collectively include all combustible and non-combustible waste and refuse matter, and all matter and materials which, by their presence or accumulation upon property may injuriously or adversely affect the health, safety or welfare of the community by reason of their being a health or safety hazard, a fire hazard or offensive to the senses. Among other things, such terms shall include old lumber and wood, wooden objects and pieces of scraps of wood of all kinds; old metal and metallic objects such as automobiles, other machinery and parts thereof, barrels, drums, cars and pieces and scraps of metal of all kinds; garbage of all kinds; old newspapers, magazines and pieces and scraps of paper of all kinds; and tree trimmings, grass cuttings, dead plants, weeds or leaves. (h) The term "vacant" means not occupied, or being without an occupant, or free from any activity or work. Section 8.24.030 Nuisances to the public health. Subject to, and in addition to any other provision of this Code, the following are nuisances to the public health: (a) Any and all ponds, pools, or vessels holding stagnant water or other liquid or fluid substances in which mosquitos may breed, or which may generate noxious or offensive gases or odors; (b) Improperly covered accumulations of manure or rubbish which are breeding places for flies, mosquitos, rodents or vermin, or which give forth offensive odors; (c) Dense smoke, noxious fumes, gas, soot, cinders or other particulate matter in such quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities; (d) All acts, conditions, occupations and uses of property which are in violation of the California Health and Safety Code. Section 8.24.040 Offensive Conditions or Hazardous premises. It is a public nuisance for any person, owning, leasing, occupying or having charge or possession of real property in the City to maintain or permit to be maintained such property in such a manner that any of the following con- ditions which constitute a hazard to the public, health, safety, or welfare exist thereon: (a) Uncompacted rocks, broken concrete or asphalt, or other hazardous materials which will, or may be, injurious to the public health, safety and welfare; or -5- (b) Property on which conditions in required setbacks constitute a hazard to the public by obscuring visibility of traffic entering intersections or entering a public highway from private property; or (c) Property, the condition of which constitutes a fire hazard by increasing the risk of fire as defined in Section 9.108 of the 1982 Uniform Fire Code (or its successor), or which obstructs or hinders or creates potential to obstruct or hinder fire department personnel and/or their equipment during emergency situations; or (d) Signs, awnings, canopies, or cornices maintained in a broken, hazardous, or dangerous condition, or, if applicable, not securely fastened to a building; or (e) Surface area, including, but not limited to, parking areas, drive- ways, walkway, and sidewalks, maintained in a dangerous or hazardous condition; or (f) Earth movement, of such magnitude as to be injurious or potentially injurious to the public or two or more properties adjacent thereto, whether caused by grading operations, excavations or fill, or as a result of the topography, geology, or configuration of the land in its natural state; or (g) Packing boxes, litter, garbage, debris, or other refuse which by reason of its volume or type has a tendency to: (1) Promote infestation by rats, vermon, or other pests; or (2) Present a risk of harm to inhabitants or occupants of the premises or to the public; or -6= (3) Substantially interfere with the interest of others in the use~ enjoyment or value of their property or the aesthetic charac- ter of the community; or (h) The presence of any object, whether natural or man-made, in any condition attractive to children and in which potential hazards exist, such as: (1) Abandoned or broken or neglected equipment or machinery; or (2) Pools, ponds, wells, caves or excavations or any type of opening in the ground which is unattended and of such size as to accommodate therein a person, whether infants or adults, without having securely closed off or blocked any and all entrances thereto or exits therefrom; or (3) Any abandoned, unattended or discarded icebox, refrigerator or container of any kind which has an opening of such size as to permit the entrance of a child or infant, which, when closed, is airtight, or practically so, and which has a door secured by a snap lock or other locking device; or (i) Broken or discarded furniture or other household equipment placed in required front yard setbacks and side yard setbacks, including driveways; or (j) Trees, weeds, or other vegetation which by reason of being over- grown, dead, decayed or diseased are: -7- (1) Likely to harbor rats, vermin or other nuisances; or (2) A clear and present risk of physical injury to inhabitants or occupants of the premises or to the public; or (k) Landscaping which is negligently maintained or permitted to become overgrown and unsightly to the extent that it is a public nuisance as defined herein resulting in an interference with the interest of others in the use, enjoyment or value of their property or the aesthe- tic character of the community; or (1) Accumulation of debris, vegetation, or overgrowth, the presence of which constitutes a fire hazard, as determined by the Enforcement Officer; or (m) Maintaining or growing, or allowing to be maintained or grown, any tree or shrub thereon subsequent to the installation of a solar collector on the property of another so as to cast a shadow greater than ten percent (10%) of the collector absorption area upon said solar collector between the hours of 10:00 a.m. and 2:00 p.m. local standard time, in violation of Section 25982 of the Public Resources Code; or (n) Maintenance of premises in such condition as to be detrimental to the public health, safety, or general welfare, or in such manner as to constitute a public nuisance; or (o) Buildings or structures, the exterior finish of which is chipped, peeled or otherwise decayed to the extent that it is offensive to the senses or causes depreciation of nearby property values. Section 8.24.050 Dangerous buildings or structures. It is a public nuisance for any person, owning, leasing, occupying, or having -8- charge or possession of any real property in the City to maintain or permit to be maintained any building or structure in such a manner that any of the follow- ing conditions or defects exist: (a) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in the case of fire or panic; or (b) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1-1/2) times the working stresses allowed in the Uniform Building Code for new buildings of similar structure, purpose or location; or (c) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Uniform Building Code for new buildings of similar structure, purpose or location; or (d) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; or (e) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stabi- lity, or it is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (1/2) of that specified in the Uniform Building Code, 1982 Edition (or its successor), for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Uniform Building -9- Code for such buildings; (f) Whenever any portion thereof has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; or (g) Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, fire damage, or decay; or (2) faulty construction; or (3) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; or (4) the deterioration, decay or inadequacy of its foundation; or (5) any other cause, is likely to partially or completely collapse; or (h) Whenever, for any reason, the building or structure, or any portion there- of, is manifestly unsafe for the purpose for which it is being used; or (i) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base; or (j) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the City, as specified by the Uniform Building Code, Uniform Housing Code, Uniform Fire Code or of any law or ordinance of the State or City relating to the condition, loca- tion, or structure of buildings; or (k) Whenever any building or structure which, whether or not erected in -10- accordance with all applicable laws or ordinances, has in any non-supporting part, member or portion, less than fifty percent (50%), or in any supporting part, member or portion less than sixty-six percent (66%) of the: (1) strength, or (2) fire resisting qualities or characteristics, or (3) weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location; or (1) Whenever a building or structure, used or intended to be used for dwell- ing purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facili- ties, or otherwise, is determined by the authorized representative of the Office of Environmental Health of the Department of Health and Welfare of the County of San Mateo to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease; or (m) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire re- sistive construction, faulty electric wiring, gas connection of heating apparatus, or other cause, is determined by the Enforcement Officer to be a fire hazard; or (n) Whenever dangerous fences, signs or other structures which exist thereon are deemed public nuisances, to wit: (1) All barbed wire or razor ribbon fences or barriers within four feet of any public sidewalk or street right-of-way and at a height less than six feet from ground level; or (2) All wire, twine or rope fences, consisting of one or more strands -11- of wire, twine or rope, less than three feet in height and within three feet of any public sidewalk; or (3) All electric fences in any zone; or (4) All fences or walls with glass or other sharp objects (not includ- ing barbed wire) embedded or affixed to the top thereof; or (5) Any fence, barrier, guard or similar structure within four feet of any public sidewalk which has sharp or protruding surfaces or appendages and which is determined by the Code Enforcement Officer to be a hazard to public safety; or (6) Any fence, sign or other structure which has been abandoned, im- properly maintained, partially destroyed or permitted to remain in a state of partial construction for an unreasonable length of time where continuation of the condition constitutes a hazard to the public health, safety or welfare; or (7) Any fence or other structure which partially or completely obstructs parkways or sidewalks and thereby may endanger, injure or hinder persons traveling thereon; or (o) Whenever any portion of a building or structure remains on site after the demolition of the building or structure, or whenever any building or structure is left vacant for a period in excess of six months and is in such condition so as to constitute a hazard to the public as determined by the Enforcement Officer; or (p) Building(s), whether painted or unpainted, in a deteriorated or dilapidated condition that cause(s) or tend(s) to cause dry rot, warping, or termite infestation; or (q) Any building(s) with windows containing broken glass or no glass at all, which constitute(s) a hazardous condition or invite(s) trespassers or malicious mischief; or -12- (r) Whenever any b~,lding or structure is in such a condition as to consti- tute a public nuisance known at common law or in equity~ (s) Vacant building(s) which do not have any and all entrances thereto or exits therefrom securely closed off or blocked and which building(s) are in such a deteriorated or dilapidated condition as to invite trespassers~ malicious mischief or nefarious activity. Section 8~24~060 Enforcement - Right of Entry~ (a) Whenever it is necessary to make an inspection to enforce any of the provi' sions of this Chapter~ or whenever the Enforcement Officer, has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such buildings or premises unsafe~ dangerous~ or hazardous~ the Enforcement Officer may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him~ (b) The Enforcement Officer shall first present proper credentials and request entry; and if such building or premises be unoccupied~ said official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry~ If such entry is refused~ the Enforcement Officer shall have recourse to every remedy provided by law to secure entry~ (c) When the Enforcement Officer has first obtained a proper inspection warrant or other remedy provided by law to secure entry~ no owner or occupant or any other persons having charge, care or control of any buildings or premises shall fail or neglect~ after proper request is made as herein provided~ to promptly permit entry therein by the Enforcement Officer for the purpose of inspection and examination pursuant to this Chapter. Section 8.24.070 Notice to Property Owner of Abatement Hearing. (a) Whenever the Enforcement Officer finds that any real property or any building, improvement, or structure thereon within the City is being maintained in a condition constituting a public nuisance as defined herein, he shall, prior to abatement of said nuisance pursuant to Section 8.24.110, cause a written -13- notice to be delivered to the owner or owners of the property as their names appear on the last equalized assessment roll upon which City taxes are collected to the address shown thereon, or to such address as is known to the City Clerk and to the occupant of the premises. It shall be the duty of the Enforcement Officer to give notice in the manner hereinafter specified directing the owner or owners and occupant or occupants to appear before the City Council at a stated time to show cause why such property should not be declared a public nuisance and why such nuisance should not be abated in the manner hereinafter provided. (b) The Enforcement Officer shall post, or cause to be posted, in a conspi- cuous place on the property upon which there exists a public nuisance, at least one copy of the notice. In addition, he shall forward or cause to be forwarded to the person named as the owner of such property in the latest assessment rolls a copy of the notice which shall be enclosed in an envelope bearing the address of the owner as the same appears on said assessment rolls, and which shall be dispatched by way of certified mail with postage prepaid and return receipt requested. If such address is unknown to the Enforcement Officer and there is no record thereof in the assessment rolls, that fact shall be set forth in a written statement which shall then be signed by the Enforcement Officer and filed with the City Clerk, and any further attempt to mail a copy of the notice to the property owner shall be discontinued. The posting and mailing, as herein specified, shall be completed at least ten (10) days before the time fixed for the hearing before the City Council. The omission to mail a copy of the notice to the owner or the failure of the latter to receive the same shall not affect in any manner the validity of any proceedings taken hereunder. (c) The "Notice To Appear" shall be in the following form: -14- "NOTICE TO APPEAR TO THE OWNER(S) AND/OR OCCUPANT(S) of the Property located at in the City of South San Francisco, County of San Mateo, California, more particularly described as (hereinafter the "Property") YOU ARE HEREBY NOTIFIED THAT YOU ARE TO APPEAR before the City Council at its meeting to be held on the day of , 19 , at the hour of in the Community Room of the Municipal Services Building, 33 Arroyo Drive, South San Francisco, California, and show cause, if any you have, why the Property should not be declared a public nuisance and why such nuisance should not be abated in the manner provided in Section 8.24.110 of the South San Francisco Municipal Code. The condition(s) existing on the Property which constitute a public nuisance are as follows: Executed at South San Francisco this day of , 19 1Enforcement Officer" -15- (d) Upon the giving of notice as aforesaid, the Enforcement Officer shall file an affidavit with the City Clerk certifying to the time and the manner in which notice was given. In addition, he shall file with such affidavit any receipt card which may have been returned to him evidencing the affected pro- perty owner's receipt of the mailed notice. Section 8.24.080 Abatement of Nuisance by Owner Prior to Scheduled Hearing. (a) Any owner shall have the right to abate such nuisance or to have such premises rehabilitated or to have such building, improvement, or structure demo- lished or repaired in accordance with said notice at their own expense provided the same is done prior to the time the matter is set for public hearing and pro- vided that all required permits are first obtained. (b) Upon determination by the Enforcement Officer of compliance with the abatement notice by the owner, the proceedings under this Chapter shall be deemed terminated. Section 8.24.090 Manner of conducting Hearing. (a) At the time and place of hearing, the City Council shall hear and con- sider all relevant evidence, including but not limited to applicable staff reports, objections or protests relative to the existence of such alleged public nuisance, and the manner proposed for abatement of the same. Such hearing may be continued from time to time. (b) Hearings need not be conducted according to the technical rules of evi- dence. (c) Oral evidence shall be taken only on oath or affirmation. (d) Hearsay evidence may be used for the purpose of supplementing or explain- ing any direct evidence, but hearsay evidence shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this State. -16- (e) Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State. (f) Irrelevant or unduly repetitious evidence shall be excluded. (g) The parties in the hearing shall have the following rights among others as parties to the proceeding: (1) To call and examine witnesses on any matter relevant to the issues of the hearing; (2) To introduce documentary and physical evidence; (3) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; (4) To impeach any witness, regardless of which party first called such witness to testify; (5) To rebut the evidence against such parties; (6) To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so. (h) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be traditionally noticed by the Courts of this State or of official records of the City Council, City Departments, City Ordinances, and Rules and Regulations adopted by the City Council. (i) Parties present at the hearing shall be informed of the matters to be noticed. These matters shall be noted in the record, referred to therein or appended thereto. -17- (j) Parties present at the hearing shall be given a reasonable opportunity~ on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority. (k) Upon conclusion of the hearing the City Council shall, on the basis of the evidence presented at the hearing, determine whether the premises or any part thereof, as maintained, constitute a public nuisance as defined herein. If the City Council finds that a public nuisance exists it may direct the same to be abated within thirty (30) days, or whatever time is deemed to be a reason- able time to be set forth in the Order. If the City Council determines that the condition constituting a nuisance is one which is susceptible of recurring after abatement if further precautions are not taken, it may also direct that the owner take adequate precautions for a period of time up to one year so that the nuisance is not permitted to recur for such time. (1) The determination of the City Council shall be final and conclusive. Section 8.24.100 Service on Owner of Order of Abatement. A copy of the Order of Abatement of the City Council, together with a detailed list of needed corrections and/or abatement methods shall be caused to be posted by the City Clerk on the premises and shall be served upon the owner and the occupant of said property in the manner provided in the applicable portions of Subsections 8.24.070 (a) and (b). Said notice shall contain language informing the Noticed Party that the decision of the City Council is subject to the pro- visions of Section 1094.6 of the Code of Civil Procedure. The Enforcement Officer shall file an affidavit of such posting and service. Section 8.24.110 Abatement after Hearing. (a) Any owner shall have the right to have any such premises rehabilitated or to have such building demolished or repaired at his own expense, in accordance -18- with the Order of Abatement by the City Council. Such rehabilitation, demoli- tion, or repair must be done pursuant to lawfully obtained permits, when appli- cable, and must be done prior to the expiration of the time set forth in the Order of Abatement adopted pursuant to Section 8.24.090. (b) Upon compliance with the abatement order by the owner, the proceedings hereunder shall be deemed terminated. (c) If such nuisance is not completely abated by the owner, as directed, within the time set forth by the City Council in the Order of Abatement, the Enforcement Officer shall cause the same to be abated by the City or by private contract. Section 8.24.120 Maintenance of Records regarding Cost of Abatement. (a) The Enforcement Officer shall keep an itemized statement of costs incurred by the City in abating a nuisance. The Enforcement Officer shall post conspicuously on the property and shall also mail to the owner of the property a copy of said statement of costs. (b) Upon the receipt of the statement of costs, the City Clerk shall set for hearing before the City Council the matter of the statement of costs. The City Clerk shall cause notice of the time and place of such hearing to be given to the owner(s) and/or occupant(s) of the property to which the same relates and to any other interested persons who request notice; said notice shall be given by Certified U.S. Mail, postage prepaid, addressed to such person at his last known address, at least ten (10) days in advance of such hearing. -19- (c) The owner of the property may waive the hearing on the assessment of the cost of abatement. Any such waiver shall be in writing~ If the hearing is waived, the City Council shall confirm the statement of 'costs by resolution at its next regular meeting. (d) At the time and place fixed for the hearing to consider the statement of costs and expenses of the abatement, the City Council shall hear and pass upon the statement, together with any specific objections or protests raised by any of the persons liable to be assessed for the cost of abating such nuisance. The City Council may make such revisions, corrections, or modifications to said statement as it may deem just or necessary. Thereafter, the City Council shall confirm the statement of costs by resolution. Said hearing may be continued from time to time. The decision of the City Council shall be final and conclu- sive. Section 8.24.130 Notice of Decision. (a) After confirmation of the statement of costs, the City Clerk shall give notice of the decision of the City Council regarding the costs and expenses of abatement to the property owner(s) and occupant(s). Said notice shall be given in the manner set forth in the applicable portions of Subsections 8.24.070 (a) and (b) and shall set forth the following: (1) The detailed costs and expenses, as set forth in the statement of costs, to be assessed against the lot(s) or parcel(s) on which the nuisance existed; (2) That the foregoing costs and expenses must be paid to the Finance Division of the City of South San Francisco within five (5) days of the date appearing on the notice, and that said costs and expenses will be a personal obligation of the owner(s) of the real property upon which the nuisance existed, and in addition, shall -20- constitute a lien upon such real property, which lien shall con- tinue until the amount thereof has been paid in full, together with interest thereon computed at the rate of interest on judg- ments from the date of the confirmation of the costs by the City Council until the amount is paid or is discharged of record. (b) A copy of the foregoing notice shall also be sent to the Finance Director. Section 8.24.140 Assessment of Costs - A Lien against Property. (a) The cost of nuisance abatement on any lot or parcel of land shall con- stitute a special assessment against such lot or parcel. After the recording of the resolution confirming the statement of costs, the same shall constitute a lien against such lot or parcel in the amount of such assessment. (b) The procedure for recording the statement of costs as a lien against the aforesaid lot(s) or parcel(s) shall be as follows: (1) If payment of the assessed costs and expenses are not received by the Finance Division within five (5) days of the date appear- ing on the notice sent by the City Clerk pursuant to Section 8.24.130, the Finance Director shall send to the City Clerk two (2) originals of a certification that payment was not received. (2) Upon receipt of the certification set forth above, the City Clerk shall forward to the Office of the Recorder of the County of San Mateo the following: (A) One original certification by the Finance Director that payment was not received. (B) One certified true copy of the Resolution of the City Council confirming the statement of costs with the statement of costs -21- attached thereto as an Exhibit. (C) One certified true copy of the "Notice of Completion" for the abatement project. Section 8.24.150 Alternative Procedures. Nothing contained in this Chapter shall prevent the City Council from direct- ing the City Attorney to commence a civil action to abate a nuisance in addition to or as an alternative to the proceedings set forth in this Chapter. Section 8.24.160 Summary abatement permitted in certain cases. (a) A public nuisance may be summarily abated if it involves the following: (1) Any grave or immediate danger to the health, life, or property of the public or any person; (2) The obstruction of any public park, street, place, highway or right-of-way or the maintenance of any excavation thereon or dangerous excavation adjacent thereto. (b) Where summary abatement is authorized, it shall be ordered only by the City Manager, or the person performing the duties of City Manager as set forth in Section 2.36.020 of this Code, who for purposes of this Section shall be deemed to be the Enforcement Officer. (c) Summary abatement shall consist of the removal, elimination or destruc- tion if necessary of the offending material, condition, structure or matter with the least practicable damage or injury to, or destruction of, private property. Summary abatement shall be confined to doing what is necessary to eliminate the conditions set forth in Section (a) above. (d) No civil liability shall attach to any public officer engaged in or under- taking such abatement. (e) The costs and expenses, if any, of such abatement shall be a charge against the person responsible for the creation or maintenance of such nuisance. -22- If any such nuisance is incidental to the occupation or ownership of real pro- perty, such costs and expense shall constitute a lien upon such property, to be established and confirmed as provided in this Chapter. Section 8.24.170 Violation, penalty. (a) Any person owning, leasing, occupying or having charge or possession of any real property in the City who maintains, permits or suffers to be maintained such property in any condition constituting a nuisance as set forth in this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Chapter 1.24 of this Code. (b) Any person who causes or maintains on public property conditions defined herein as nuisances shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Chapter 1.24 of this Code. Section 8.24.180 Remedies, Cumulative. The remedies provided for herein shall be cumulative and not exclusive." SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portion of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. PUBLICATION. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and -23- (2) post in the City Clerk's Office a Certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced this 8th this AYES: NOES: day of May , 1985 . Passed and adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco 22nd day of May , 19 85 , by the following vote: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, and Roberta Cerri Teglia Gus Nicolopulos; None ABSENT: None foregoing Ordinance this 22nd day of As Mayor of the City of South San Francisco, I do hereby approve the MayM y~ 1~~. -24-