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Ord 2025-010 Waterways & Reach
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Ord 2025-010 Waterways & Reach
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7/31/2025 1:38:50 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
7/21/2025
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required abatement. The City may charge appellate fees as outlined in the <br />master fees schedule. <br />c) The notice and order shall be served on the responsible person(s) in one or more <br />of the following ways: <br />1. Any method set forth in Subsection 1-12-410 of this Code; or <br />2. Where service pursuant to Subsection 1-12-410 cannot be made despite a <br />diligent effort, a copy of the notice and order shall be conspicuously posted <br />on the nuisance vessel. <br />d) It is unlawful for the responsible person(s) to fail or neglect to comply with such <br />notice and order of abatement. In the event that the responsible person(s) does <br />not promptly proceed to abate said nuisance condition, as ordered by the <br />Enforcement Official, the City may pursue abatement pursuant to this Chapter. <br />§ 4-19-260 AUTHORIZATION TO PROCEED WITH ABATEMENT. <br />a) If an appeal of the notice and order to abate the nuisance is not timely filed pursuant <br />to Section 4-19-290, or if the Enforcement Officer has upheld the determination of <br />nuisance and proposed abatement, or for abatement of a nuisance pursuant to <br />Section 4-19-250, the Enforcement Official is authorized to cause the nuisance to be <br />abated, subject to the provisions of this Section. <br />b) The abatement work may be performed by the City's own employees or by <br />independent contractors, or any combination thereof. Prior to commencement of the <br />abatement work by or on behalf of the City, the responsible person may abate the <br />nuisance at his or her own expense. <br />c) If the responsible person fails to consent to the City abating the nuisance, the City <br />may seek a warrant to the extent legally required and proceed with the abatement. <br />§ 4-19-270 EMERGENCY ABATEMENT. <br />a) Whenever the Enforcement Official determines that a condition exists on any vessel <br />in San Leandros's waters which is of such a nature as to be imminently dangerous to <br />the public health, safety, or welfare or materially interferes with public navigation or <br />passage, the Enforcement Official or his or her designee may summarily abate such <br />nuisance without further authorization except as provided in this Section. <br />b) No emergency abatement shall be undertaken unless the City Attorney or their <br />designee has first approved the same. <br />c) Reporting of costs of an emergency abatement under this Section shall be conducted <br />pursuant to Section 4-19-280. <br />d) A responsible person subject to emergency abatement may appeal the need for <br />emergency abatement and/or the report of costs, after such abatement has <br />occurred, pursuant to Section 4-19-260. <br />§ 4-19-280 REPORT OF COST. <br />a) The City shall keep an itemized account of the expense incurred by the City in abating <br />each nuisance under this Chapter. Following completion of all abatement work, the <br />Ordinance No. 2025-012 Exhibit A Page 5 of 6
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