ARTICLE 9. Abandoned Excavations

Article 9 added by Stats. 1959, Ch. 1142.

§§ 50230–50257 · 28 sections

§ 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.…
§ 50231 The legislative body may declare by resolution as public nuisances and abate all abandoned excavations located upon private property within the local agency.…
§ 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…
§ 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.…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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.…
§ 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…
§ 50257 Anything contained in this article to the contrary notwithstanding, the legislative body shall not require to be filled any abandoned excavation which contains…