Nuisance Abatement Hearings

Nuisance Abatement Hearings

At the time and place specified in the second notice to abate nuisance, the council shall proceed to hear the testimony of city staff, the testimony of the owner or his representatives, and the testimony of other competent persons concerning the conditions constituting such nuisance, the estimated cost of abatement, and other matters which the council may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine city staff, and other witnesses. The hearing may be continued by the council from time to time.

Upon the conclusion of the hearing, the council may terminate the abatement proceedings, or it may order the owner or other affected or responsible person to abate the nuisance, prescribing the requirements of such abatement and prescribing a reasonable time, not less than thirty days, for the completion of such abatement.
Such order may further provide that, in the event such abatement is not commenced, pursued, or completed within the terms set by the council, city staff shall be empowered and authorized to abate the nuisance.

The order of the council shall be served, as provided in Section 8.22.030, of the City of Lakeport Municipal Code, and the time limits set by the council shall not commence until said order is served.

Upon the expiration of the time limits set by the council, city staff shall acquire jurisdiction to abate the nuisance.

At the time and place fixed in the notice, the council shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the council may make such modifications and revisions of the proposed account and assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the council as to all matters contained therein shall be final and conclusive.

Upon the recordation of the notice of lien, the amount claimed shall constitute a lien upon the described premises. Such lien shall be upon a parity with the liens of state and county taxes.

The notice of lien, after recordation, will go to the county auditor who will enter the amount of the lien on the assessment roll as special assessments. Then, the amount set forth will be collected at the same time and in the same manner as ordinary county taxes are collected, and will be subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection, and enforcement of county taxes.