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ORDINANCE NO. 513 AN ORDINANCE AMENDING TITLE 6, CHAPTER 5 AND SECTIONS 5-8.08 AND 12-2.207 OF THE LOS ALTOS HILLS MUNICIPAL CODE RELATED TO PUBLIC NUISANCE ABATEMENT COST RECOVERY WHEREAS, pursuant to California Government Code Section 38773.1, the City Council established procedures for abatement and cost recovery of certain public nuisance conditions in the Los Altos Hills Municipal Code Title 6, Chapter 5; and WHEREAS, California Government Code Section 38773.1 authorizes municipalities to record a lien or make a special assessment for the cost of public nuisance abatement; and WHEREAS, California Government Code Section 38773.5 provides for the recovery of reasonable attorneys' fees for the prevailing party in any action,administrative proceeding,or special proceeding to abate a nuisance; and WHEREAS,amending the Los Altos Hills Municipal Code to authorize the Town to choose to recover costs through the special assessment procedure and to allow recovery of attorneys' fees and personnel time would give the Town greater flexibility in recovering costs; and WHEREAS, the City Council wishes to amend Title 6, Chapter 5 of the Los Altos Hills Municipal Code to provide a special assessment cost recovery mechanism for all conditions constituting a public nuisance, and to update the provision on recovery of attorney's fees as statutorily permitted; and WHEREAS, the City Council wishes to amend Section 5-8.08 and 12-2.207 to reflect changes to Title 6, Chapter 5, and to establish a consistent abatement procedure for all public nuisances. NOW THEREFORE,the City Council of the Town of Los Altos Hills does hereby ordain as follows: Section 1. TITLE 6,CHAPTER 5 OF THE LOS ALTOS HILLS MUNICIPAL CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 6-5.02. Notice to abate. Sec. 6-5.02 is hereby repealed and replaced with the following: (a) Upon discovery of any public nuisance as defined in Municipal Code 6-5.01, the City Manager or his or her designee shall serve a notice to abate to the property owner and any responsible person by certified mail. The notice shall also be posted on the subject property or building.