Any structure, fence, conduit, wall, tree, masonry, pipe, lumber or other material which obstructs or constitutes a hazard to the free flow of water through a stream, drainage channel or watercourse is declared to be a public nuisance. Any such public nuisance may be abated under the direction of the director of public works fifteen days after the official has caused a notice of the hazardous condition to be mailed to the concerned property owner or owners by registered mail return receipt requested with a five-day return requested and the cost of such removal shall, after confirmation by the council, constitute a lien and special assessment against the concerned parcel or parcels in accordance with Sections 38773 and 38773.5 of the Government Code of the state, unless the property owner maintaining such nuisance files an appeal from the determination of the director of public works to the council with the city clerk within ten days from the date of mailing the required notice to the property owner. In the event such an appeal to the council is filed, a hearing will be held before the council and no action shall be taken by the director of public works to abate the condition which he or she has classified as a public nuisance until the council has announced its decision. At least ten days prior to the date set for such hearing, the city clerk shall mail a notice by certified or registered mail return receipt requested to the owner of the affected parcel or parcels as shown on the last equalized assessment roll. The owner of the real property on which the nuisance is located may appear in person at the hearing or present a written statement under penalty of perjury in time for consideration at the hearing explaining why, in his or her opinion, the condition of the property does not constitute a nuisance or why the cost of abating the public nuisance should not be assessed against the property upon which the nuisance is located. (Ord. 1051 § 1 (part), 1985: prior code § 5220.10)