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 El Cerrito
 Code of Ordinances
 Title 8. HEALTH AND SAFETY
 Chapter 8.34. NUISANCE ABATEMENT

  § 8.34.150. Confirmation of abatement costs.  

Latest version.

  • A.

    The city official responsible for enforcing abatement of a public nuisance shall keep and verify an itemized written report showing the full actual cost of abatement, including attorney's fees if elected by the city under Section 8.34.140B, and including any salvage value of material from the abatement.

    B.

    When the nuisance is abated, the official shall forward this report to the city clerk. The city clerk shall set the report of abatement costs for hearing by the city council to determine the correctness and reasonableness of such costs. The city clerk shall cause a copy of this report, with notice of the city council hearing, to be posted upon the property and served at least ten days before the date set for the hearing, as set forth in Section 8.34.090.

    C.

    At the time and place fixed for the hearing on the report, the city council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. The city council may revise, correct, or modify the report, and shall at the conclusion of the hearing adopt a resolution identifying the person or persons responsible for creating, committing, causing, or maintaining the nuisance and setting forth the sum for which this person or persons is or are individually or jointly liable. The decision of the city council on all protests and objections shall be final and conclusive.

    D.

    The city may collect these costs from the responsible person or persons, as set forth in the city council's resolution confirming costs, by (i) obtaining a court order stating that this reimbursement requirement is a personal obligation of any person upon whom the city council resolution imposes a reimbursement obligation, recoverable in the same manner as any civil judgment; (ii) recording a nuisance abatement lien against the parcel of land on which the nuisance is or was maintained; or (iii) imposing a special assessment against the parcel of land on which the nuisance is or was maintained.

(Ord. 2002-9 Div. III, 2003.)