Carmel-by-the-Sea Municipal Code Art. IV Lien Procedures

Whenever the amount of any administrative fine, penalty, or administrative cost imposed by a hearing officer pursuant to this chapter in connection with real property has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation shall constitute a lien against the real property on which the violation occurred.

(Ord. 2018-02, 2018)

A. Any person whose real property is subject to a lien pursuant to CMC § 18.04.220 may file a written protest with the City Clerk or may object to assessment of the lien orally at the City Council meeting.

B. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds for each protest or objection.

C. The City Council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of the lien.

(Ord. 2018-02, 2018)

Thirty days following the adoption of a resolution by the City Council imposing a lien, the City Clerk shall file the same as a judgment lien in the office of the County Recorder of Monterey County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

(Ord. 2018-02, 2018)

Once payment in full is received by the City for outstanding penalties and costs, the City Manager shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction, so they may record this notice with the office of the County Recorder. Such notices of satisfaction shall cancel the City's lien.

(Ord. 2018-02, 2018)

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