8.12.050 Rainy season—Inspection for dangerous obstructions—Emergency abatement procedures.
A. Thereafter, during the period extending from November 1st of any given year through April 30th of the succeeding year, the director of public works, after each storm or other occurrence which causes a flow in any stream equal to one-half or more of the capacity of the stream, shall inspect the streambed to determine whether or not there are any dangerous obstructions therein. Any such dangerous obstruction found by him or her is declared to be a public nuisance which may be summarily abated pursuant to the emergency procedures set out in this section.
B. The director of public works shall notify the owner and resident of the real property involved of the existence of a dangerous obstruction upon his or her property by all of the following methods, where applicable:
1. Posting notice adjacent to the main driveway entrance to the property;
2. Posting notice upon the main entrance of the principal residence or business building upon the property;
3. Sending notice by certified mail, return receipt requested, to the person listed on the assessor’s latest equalized roll as to the owner thereof; and
4. Sending notice by certified mail, return receipt requested, to the occupant of the principal residence upon the property, addressed to the street address thereof.
C. If no protest has been filed with the city clerk by the owner or resident of the property within five days of the mailing of the letters and the posting of the notices, the city or its contract agent may enter upon the property and abate the dangerous obstruction. The costs of abatement shall be assessed as a tax lien upon the property pursuant to the provisions of Sections 8.24.130 through 8.24.150.
D. If the owner or resident files a protest within the five-day period, the council shall meet in emergency session to determine whether or not the tree, structure or other thing in question constitutes a dangerous obstruction. The decision of the council shall be final and the city may proceed with the summary abatement of any such thing found to be a dangerous obstruction by the council; provided, however, that the council shall first deliver written notice of its intention to proceed with abatement to any adult person found at the residence address within the city given by the owner or resident in the protest; and, further provided, that the summary abatement shall not commence until at least three regular working days after the delivery of the notice. The costs of abatement shall be assessed as a tax lien upon the property pursuant to the provisions of Sections 8.24.130 through 8.24.150.
E. Before the city summarily removes any obstructions under the provisions of subsection D of this section, the city shall prepare and file with the city clerk a detailed report setting forth its reasons for finding the existence of a dangerous obstruction. Wherever possible, photographs should be provided to augment the report. The report and photographs shall be public records available at all times for inspection by the public. (Ord. 1051 § 1 (part), 1985: prior code § 5221.5)