50230. As used in this article: (a) “Local agency” means a city, a city and county, or a county. (b) “Legislative body” means the legislative body of a local agency. (c) “Superintendent” means street superintendent, his assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the […]
50231. The legislative body may declare by resolution as public nuisances and abate all abandoned excavations located upon private property within the local agency. The resolution shall contain a statement of the facts which constitute the nuisance. (Added by Stats. 1959, Ch. 1142.)
50232. The resolution shall describe the property upon which the nuisance exists by giving its lot and block number according to the official or local agency assessment map or by other means sufficient to identify the property. The legislative body may specify the type of covering, filling, fencing, or other method of abatement required in […]
50233. Any number of parcels of private property may be included within one resolution. (Added by Stats. 1959, Ch. 1142.)
50234. After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on which the nuisance exists. He shall post: (a) One notice to each separately owned parcel of property of not over 50 feet frontage. (b) Not more than two notices to any such parcel of […]
50235. The heading of the notices shall be “Notice to abate abandoned excavation” in letters not less than one inch in height. (Amended by Stats. 1970, Ch. 1178.)
50236. The notice shall be substantially in the following form: NOTICE TO ABATE ABANDONED EXCAVATION Notice is hereby given that on the ____ day of ____, 19__, the (name of the legislative body) passed a resolution declaring that an abandoned excavation was located upon the property on this street in ____, and more particularly described […]
50237. The notices shall be posted at least five days prior to the time for hearing objections by the legislative body. A copy of the written notice shall be mailed by certified mail to the owner of the property as shown on the last equalized assessment roll at least five days prior to the time […]
50238. At the time stated in the notices, the legislative body shall hear and consider all objections to the proposed abatement of the abandoned excavation. It may continue the hearing from time to time. (Amended by Stats. 1970, Ch. 1178.)
50239. By motion or resolution at the conclusion of the hearing the legislative body shall allow or overrule any objections. At that time the legislative body acquires jurisdiction to proceed and perform the work of abating the abandoned excavation. (Amended by Stats. 1970, Ch. 1178.)
50240. The decision of the legislative body is final. (Added by Stats. 1959, Ch. 1142.)
50241. If objections have not been made or after the legislative body has disposed of those made, it shall order the superintendent to abate the nuisance. The order shall be made by motion or resolution. (Amended by Stats. 1970, Ch. 1178.)
50242. The superintendent may enter upon private property to abate the nuisance. (Added by Stats. 1959, Ch. 1142.)
50243. Before the superintendent arrives, any property owner may abate the abandoned excavation at his own expense. (Amended by Stats. 1970, Ch. 1178.)
50244. The superintendent shall keep an account of the cost of abatement on each separate parcel of land where the work is done by him. He shall submit to the legislative body for confirmation an itemized written report showing such cost. (Added by Stats. 1959, Ch. 1142.)
50245. A copy of the report shall be posted for at least three days prior to its submission to the legislative body on or near the chamber door of the legislative body, with a notice of the time of submission. (Added by Stats. 1959, Ch. 1142.)
50246. At the time fixed for receiving and considering the report, the legislative body shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The legislative body shall then confirm the report by motion or resolution. (Added by […]
50247. The cost of abatement upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel. Such lien attaches upon recordation in the office of the county recorder of the county in which the property is situated of a certified […]
50248. After confirmation of the report, a copy shall be given to the assessor and tax collector of the local agency, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for local agency purposes. (Added by Stats. 1959, Ch. 1142.)
50249. If the county assessor and the tax collector assess property and collect taxes for the city, a certified copy of the report shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map books […]
