California Government Code ARTICLE 9 - Abandoned Excavations

• Section 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”...
• Section 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...
• Section 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...
• Section 50233.
  Any number of parcels of private property may be included within one resolution.(Added by Stats. 1959, Ch. 1142.)
• Section 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...
• Section 50235.
  The heading of the notices shall be “Notice to abate abandoned excavation” in letters not less than one inch in height.(Amended by Stats. 1970, Ch.
• Section 50236.
  The notice shall be substantially in the following form: NOTICE TO ABATE ABANDONED EXCAVATIONNotice is hereby given that on the ____ day of ____, 19__,...
• Section 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...
• Section 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...
• Section 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...
• Section 50240.
  The decision of the legislative body is final.(Added by Stats. 1959, Ch. 1142.)
• Section 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....
• Section 50242.
  The superintendent may enter upon private property to abate the nuisance.(Added by Stats. 1959, Ch. 1142.)
• Section 50243.
  Before the superintendent arrives, any property owner may abate the abandoned excavation at his own expense.(Amended by Stats. 1970, Ch. 1178.)
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 50250.
  The county auditor shall enter each assessment on the county tax roll opposite the parcel of land.(Added by Stats. 1959, Ch. 1142.)
• Section 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...
• Section 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...
• Section 50253.
  Laws relating to the levy, collection, and enforcement of county taxes apply to such special assessment taxes.(Added by Stats. 1959, Ch. 1142.)
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Last modified: October 22, 2018