§ 8.34.070. Notice of hearing before city council.

Notice of the time and place of hearing before the city council shall be titled "NOTICE OF HEARING," and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND ORDER ABATEMENT TO:

1.

Hearing to Determine Existence of Public Nuisance

NOTICE IS HEREBY GIVEN that on the _____ day of _____,20_____, at the hour of , the city council of the City of El Cerrito will hold a public hearing in the council chambers of the El Cerrito City Hall, El Cerrito, California, to determine whether certain premises situated in the City of El Cerrito, known and designated as (street address and such other description as is required to identify the premises) constitute a public nuisance subject to abatement. You are hereby ordered to appear to show cause why the premises should not be declared a public nuisance and the same abated in accordance with the El Cerrito Municipal Code.

Failure to appear shall be deemed a waiver of your right to appear and present evidence. Said alleged violations consist of the following:

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Said methods of abatement available are:

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If you choose to voluntarily abate the conditions described above, you must advise the city manager in writing of the date for completion of such abatement. You may request a continuance of the hearing if, for good cause, the voluntary abatement cannot be completed prior to the hearing date.

2.

If So Determined, Order of Abatement.

If said premises, in whole or in part, are found to constitute a public nuisance, you shall be ordered to abate the conditions constituting the nuisance by rehabilitation, removal, repair or demolition.

3.

Abatement by City Authorities.

If said conditions constituting the nuisance are not abated within the time schedule as established by order of the city council, such nuisance may be abated by city authorities.

4.

Reimbursement of Costs to the City of El Cerrito.

In addition, if said premises, in whole or in part, are found to constitute a public nuisance, you may be required to reimburse the City of El Cerrito for its full actual and reasonable costs of identifying this nuisance and ordering its abatement, or, if necessary, conducting such abatement. The City of El Cerrito (has/has not) elected to include its full actual and reasonable attorney's fees, if any, as part of the costs for which you may be responsible.

5.

Notice of Hearing Before City Council.

All persons having any objection to, or interest in, said matters are hereby notified to attend a meeting of the city council of the City of El Cerrito to be held on the _____ day of _____, 20_____, at the hour of when their testimony and evidence will be heard and given due consideration.

DATED: This _____ day of _____, 20_____.

(Ord. 2002-9 Div. II [I], 2003.)