Camarillo Municipal Code Art. V Collection of Unpaid Fines and Penalties

The failure of any person to pay a fine or penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, lien and/or place a special assessment on the subject property, or pursue any other legal remedy to collect such debt. A person who fails to pay any fine or other charge owed to the city under this chapter is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including administrative costs and attorneys' fees. Such collection costs are in addition to any applicable fines, interest, and late charges.

(Ord. 1017 § 2 (part), 2007.)

In addition to any other legal remedy, the city may place a lien and/or assessment on property that is the subject of a citation if the citation has been issued to the property owner. The following procedures will apply:

A. The city manager may initiate proceedings to record a lien and/or place an assessment against the subject property.

B. Before recording the lien or assessing the property, the city manager must cause a report to be submitted to the city clerk stating the amounts due and owing. The report may include an administrative fee, as established by city council resolution, for the administrative costs associated with the processing and recordation of the proposed lien.

C. The city clerk must fix a time, date, and place for a hearing before the city manager to consider the report and any protests or objections to the report.

D. The city clerk must serve the property owner with a hearing notice not less than ten days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice must be sent by first-class and certified mail, postage prepaid, addressed to the property owner's address as it appears on the last equalized assessment roll or supplemental roll of the County of Ventura, whichever is more current. Service by mail is effective on the date of mailing and failure of property owner to actually receive notice does not affect its validity.

E. At the conclusion of the hearing, the city manager must adopt a report confirming, discharging, or modifying the delinquent amount. The decision of the city manager will be final. Following the adoption of the report, the city clerk may cause the lien to be filed in the county recorder's office.

F. Prior to recordation of the lien and/or placement of an assessment against the property owner's parcel, the city clerk must give ten day's notice to the property owner, by first-class and certified mail, addressed to the property owner's address as it appears on the last equalized assessment roll or supplemental roll of the County of Ventura, whichever is more current. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy of the proposed lien or assessment in a conspicuous place upon the property for a period of ten days and by publishing notice of the lien or assessment in a newspaper of general circulation in the county in the manner provided by Government Code Section 6062.

G. If the city intends to make the delinquent amount an assessment against the subject property, the notice must specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

H. Upon recordation, the lien will have the force, effect and priority of a judgment lien and may be foreclosed by judicial or other sale in the manner and means provided by law.

I. In addition to, or as an alternative to recordation of the lien, the city may collect the amount owed as a special assessment against the property owner's parcel. To do so, the city must present a copy of the lien to the county auditor controller to add the amount of the lien to the next regular property tax bill levied against the parcel for municipal purposes. This amount will be collected at the same time and in the same manner as ordinary property taxes are collected, and will be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes.

(Ord. 1017 § 2 (part), 2007.)

Once the city receives full payment for the outstanding principal, penalties, and costs related to a recorded lien, the city clerk will cause to be recorded a notice of satisfaction at the county recorder's office. This notice of satisfaction will cancel the city's lien.

(Ord. 1017 § 2 (part), 2007.)