50230-50257
GOVERNMENT CODE
SECTION 50230-50257
50230. As used in this article:
(a) "Local agency" means a city, a city and county, or a county.
(b) "Legislative body" means the legislative body of a local
agency.
(c) "Superintendent" means street superintendent, his assistants
and deputies, or other public officer designated by the legislative
body to perform the duties imposed by this article upon the
superintendent.
(d) "Abandoned excavation" means any abandoned mining shaft, pit,
well, septic tank, cesspool, or other abandoned excavation dangerous
to persons legally on the premises where the abandoned excavation is
located or to minors under the age of 12 years; and any facilities or
equipment used in connection with drilling oil, mining or exploring
for minerals or diatomaceous soil which have been abandoned and which
constitute a hazard endangering the safety and welfare of the
people.
50231. The legislative body may declare by resolution as public
nuisances and abate all abandoned excavations located upon private
property within the local agency. The resolution shall contain a
statement of the facts which constitute the nuisance.
50232. The resolution shall describe the property upon which the
nuisance exists by giving its lot and block number according to the
official or local agency assessment map or by other means sufficient
to identify the property. The legislative body may specify the type
of covering, filling, fencing, or other method of abatement required
in abating the nuisance.
50233. Any number of parcels of private property may be included
within one resolution.
50234. After passage of the resolution, the superintendent shall
cause notices to be conspicuously posted on or in front of the
property on which the nuisance exists. He shall post:
(a) One notice to each separately owned parcel of property of not
over 50 feet frontage.
(b) Not more than two notices to any such parcel of 100 feet
frontage or less.
(c) Notices at not more than 100 feet apart if the frontage of
such a parcel is greater than 100 feet.
50235. The heading of the notices shall be "Notice to abate
abandoned excavation" in letters not less than one inch in height.
50236. The notice shall be substantially in the following form:
NOTICE TO ABATE ABANDONED EXCAVATION
Notice is hereby given that on the ____ day of ____, 19_, the
(name of the legislative body) passed a resolution declaring that an
abandoned excavation was located upon the property on this street in
____, and more particularly described in the resolution, and that it
constitutes a public nuisance which must be abated (if the
legislative body has specified the type of abatement required to
abate the nuisance, the specification shall be set forth). Otherwise
it will be abated by the (county, city, or city and county) and the
cost of the abatement assessed upon the land which the abandoned
excavation is located and will constitute a lien upon such land until
paid. Reference is hereby made to the resolution for further
particulars. A copy of said resolution is on file in the office of
the (county, city, or city and county) clerk.
All property owners having any objections to the proposed
abatement of the abandoned excavation are hereby notified to attend a
meeting of the (name of the legislative body) of (county, city, or
city and county) to be held (give date), when their objections will
be heard and given due consideration.
Dated this_____________day of _____, 19
__________________.
_________________
Street Superintendent
(County, City, or City and County of________)
50237. The notices shall be posted at least five days prior to the
time for hearing objections by the legislative body. A copy of the
written notice shall be mailed by certified mail to the owner of the
property as shown on the last equalized assessment roll at least five
days prior to the time set for hearing objections.
50238. At the time stated in the notices, the legislative body
shall hear and consider all objections to the proposed abatement of
the abandoned excavation. It may continue the hearing from time to
time.
50239. By motion or resolution at the conclusion of the hearing the
legislative body shall allow or overrule any objections. At that
time the legislative body acquires jurisdiction to proceed and
perform the work of abating the abandoned excavation.
50240. The decision of the legislative body is final.
50241. If objections have not been made or after the legislative
body has disposed of those made, it shall order the superintendent to
abate the nuisance. The order shall be made by motion or resolution.
50242. The superintendent may enter upon private property to abate
the nuisance.
50243. Before the superintendent arrives, any property owner may
abate the abandoned excavation at his own expense.
50244. The superintendent shall keep an account of the cost of
abatement on each separate parcel of land where the work is done by
him. He shall submit to the legislative body for confirmation an
itemized written report showing such cost.
50245. A copy of the report shall be posted for at least three days
prior to its submission to the legislative body on or near the
chamber door of the legislative body, with a notice of the time of
submission.
50246. At the time fixed for receiving and considering the report,
the legislative body shall hear it with any objections of the
property owners liable to be assessed for the abatement. It may
modify the report if it is deemed necessary. The legislative body
shall then confirm the report by motion or resolution.
50247. The cost of abatement upon each parcel of land constitutes a
special assessment against that parcel. After the assessment is made
and confirmed, it is a lien on the parcel. Such lien attaches upon
recordation in the office of the county recorder of the county in
which the property is situated of a certified copy of the resolution
of confirmation. The assessment may be collected at the same time and
in the same manner as ordinary municipal ad valorem taxes are
collected, and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for such taxes.
All laws applicable to the levy, collection and enforcement of
municipal ad valorem taxes shall be applicable to such assessment,
except that if any real property to which such lien would attach has
been transferred or conveyed to a bona fide purchaser for value, or
if a lien of a bona fide encumbrancer for value has been created and
attaches thereon, prior to the date on which the first installment of
such taxes would become delinquent, then the lien which would
otherwise be imposed by this section shall not attach to such real
property and the cost of abatement shall be transferred to the
unsecured roll for collection.
50248. After confirmation of the report, a copy shall be given to
the assessor and tax collector of the local agency, who shall add the
amount of the assessment to the next regular tax bill levied against
the parcel for local agency purposes.
50249. If the county assessor and the tax collector assess property
and collect taxes for the city, a certified copy of the report shall
be filed with the county auditor on or before August 10th. The
descriptions of the parcels reported shall be those used for the same
parcels on the county assessor's map books for the current year.
50250. The county auditor shall enter each assessment on the county
tax roll opposite the parcel of land.
50251. The amount of the assessment shall be collected at the time
and in the manner of ordinary local agency taxes. If delinquent, the
amount is subject to the same penalties and procedure of foreclosure
and sale provided for ordinary local agency taxes.
50252. As an alternative method the county tax collector in his
discretion may collect the assessments without reference to the
general taxes by issuing separate bills and receipts for the
assessments.
50253. Laws relating to the levy, collection, and enforcement of
county taxes apply to such special assessment taxes.
50254. The superintendent may receive the amount due on the
abatement cost and issue receipts at any time after the confirmation
of the report and until 10 days before a copy is given to the local
agency assessor and tax collector, or, where a certified copy is
filed with the county auditor, until August 1st following the
confirmation of the report.
50255. The legislative body may order refunded all or part of a tax
paid pursuant to this article if it finds that all or part of the
tax has been erroneously levied. A tax or part shall not be refunded
unless a claim is filed with the clerk of the legislative body on or
before March 1st after the tax became due and payable. The claim
shall be verified by the person who paid the tax, or his guardian,
executor, or administrator.
50256. If the legislative body finds that property damage was
caused by the negligence of an officer or employee of the local
agency in connection with the abatement of a nuisance pursuant to
this article, a claim for such damages may be paid from the general
fund of the local agency.
50257. Anything contained in this article to the contrary
notwithstanding, the legislative body shall not require to be filled
any abandoned excavation which contains a surface area of more than
one-half acre.