A. Notice to Remove. The city engineer is authorized and empowered to notify the owner, his or her agent, or person in control of any private premises within the city, to dispose of waste matter prohibited by Sections 8.04.170 through 8.04.190. Such notice shall be given by posting the private premises and by certified mail addressed to the owner, his or her agent, or such other person at his or her last known address, or by personal service on the owner, agent, person in control or occupant of the property.

B. Content of Notice. The notice shall describe the work to be done and shall state that if the work is not commenced within five days after receipt of notice and diligently prosecuted to completion without interruption, the city engineer shall dispose of the litter and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO REMOVE WASTE MATTER

The owner of the property described as follows:_________________________________________________________________________________ commonly known as is hereby ordered to properly dispose of the waste matter located on the property, to wit, within five days from the date thereof. If the disposal of the waste matter herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the city engineer of the City of San Luis Obispo shall cause such disposal to be done, and the cost thereof, including any incidental expenses will be made a lien upon said property, pursuant to the provisions of Ordinance No. 250 of the City of San Luis Obispo.
Estimated Cost of Disposal $____________
Date__________

City Engineer of the City
of San Luis Obispo

C. City Engineer to Keep Record. The city engineer shall cause to be kept in his or her office a permanent record containing: (1) a description of each pared of property for which notice to dispose of waste matter has been given; (2) the name of the owner, if known; (3) the date on which such notice was mailed and posted; (4) the charges incurred by the city in disposing of waste matter, and all incidental expenses in connection therewith; and (5) a brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

D. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the waste matter within five days after notice has been given as provided in this section, or within ten days after the date of mailing such notice in the event the post office department is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the city engineer is authorized and empowered to pay for the disposal of such waste matter out of the city funds or to order its disposal by city forces. The city engineer and his or her authorized representatives, including any contractor with whom he or she contracts hereunder, and assistants, employees or agents of such contractor, are authorized to enter upon the property for the purpose of disposing of the waste matter described in the notice. Before the city engineer arrives, any property owner may dispose of the waste matter at his or her own expense.

E. Charge to Owner. When the city has effected the removal of such waste matter, or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent per year from the date of the completion of the work, shall be charged to the owner of such property and the owner, or his or her agent, shall be billed therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien.

F. Recorded Statement Constitutes a Lien. Where the full amount due the city is not paid by such owner within thirty days after date of the billing by the city engineer, he or she shall cause to be recorded with the city clerk a sworn or certified statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the waste disposal work was done. The recordation of such sworn or certified statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be subject to a delinquent penalty of ten percent in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn or certified statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The city clerk shall record the lien. The remedy provided in this section shall not constitute an election of remedies by the city. (Prior code § 5200.20)