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5A Consent
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Packet 20250721
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5A Consent
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9/16/2025 10:02:00 AM
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CM City Clerk-City Council
Document Date (6)
7/21/2025
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2. Where service pursuant to Subsection 1-12-410 cannot be made despite a diligent <br />effort, a copy of the notice and order shall be conspicuously posted on the nuisance <br />vessel. <br />d) It is unlawful for the responsible person(s) to fail or neglect to comply with such notice <br />and order of abatement. In the event that the responsible person(s) does not promptly <br />proceed to abate said nuisance condition, as ordered by the Enforcement Official, the <br />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 to <br />Section 4-19-290, or if the Enforcement Officer has upheld the determination of nuisance <br />and proposed abatement, or for abatement of a nuisance pursuant to Section 4-19-250, the <br />Enforcement Official is authorized to cause the nuisance to be abated, subject to the <br />provisions of this Section. <br />b) The abatement work may be performed by the City's own employees or by independent <br />contractors, or any combination thereof. Prior to commencement of the abatement work by <br />or on behalf of the City, the responsible person may abate the nuisance at his or her own <br />expense. <br />c) If the responsible person fails to consent to the City abating the nuisance, the City may seek <br />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 in San <br />Leandros's waters which is of such a nature as to be imminently dangerous to the public <br />health, safety, or welfare or materially interferes with public navigation or passage, the <br />Enforcement Official or his or her designee may summarily abate such nuisance without <br />further authorization except as provided in this Section. <br />b) No emergency abatement shall be undertaken unless the City Attorney or their designee has <br />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 emergency <br />abatement and/or the report of costs, after such abatement has occurred, pursuant to <br />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 each <br />nuisance under this Chapter. Following completion of all abatement work, the Enforcement <br />Official shall prepare a written report specifying the work done, the itemized and total cost of <br />the work, a description of the subject vessel, and the name and address of the owner. <br />b) Following completion of all abatement work, the City shall deliver to the responsible <br />person(s) a notice accompanying the report of costs prepared pursuant to Subsection (a). <br />Service of the notice and report of costs shall be made as provided in Subsection 1-12-410. <br />The notice shall provide that the responsible person, must pay the City for the cost of <br />abatement within thirty (30) days of service of the report of costs, or appeal the <br />reasonableness of the costs within fourteen (14) calendar days of the date of service. <br />§ 4-19-290. APPEALS
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