Ceres Municipal Code Ch. 12 Recovery of Administrative Code Enforcement Fines, Penalties, Fees, and Costs

The purpose of this chapter is the formal establishment of procedures for the recording of liens for the recovery of code enforcement fines, penalties, fees and costs resulting from code enforcement activities conducted pursuant to title 19 of this Code. The recovery and collection procedures identified in this chapter are not intended to be the exclusive recovery and collection procedures. All existing methods and procedures for recovery and collection provided in title 19 of this Code shall continue in full force and effect. In addition, the procedures identified in this chapter are not intended to limit in any manner the City's collection remedies as may exist under the existing or future laws of this State.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Once a final administrative decision or judicial order establishes the amount of administrative civil penalties, administrative citation, abatement costs, or fees and costs, assessed against a responsible party for Code violations, the Code Enforcement Officer may record a code enforcement lien against the real property owned by the responsible party.

B. Before recordation, the Code Enforcement Officer shall provide to the responsible party a written notice informing him or her that a code enforcement lien will be recorded unless the City receives full payment for the outstanding amount(s) due within the time period prescribed in the notice. Payment shall be due a minimum of 45 calendar days from the date of the mailing.

C. The Code Enforcement Officer shall serve this notice by the method of service set forth in section 19.01.070 of this title.

D. If the City does not receive payment of the outstanding amount(s) due within the prescribed time period, the Code Enforcement Officer may record the code enforcement lien.

E. The code enforcement lien shall include the name of the property owner and any affected financial institution, assessor's parcel number, the parcel's legal description, the total amount of administrative civil penalties, administrative citations, abatement costs, and code enforcement fees and costs due, including a breakdown of said items, and a copy of the administrative or judicial order which awarded the administrative civil penalties, administrative citations, abatement costs, and code enforcement fees and costs.

F. A copy of the recorded code enforcement lien shall be served upon the responsible party by the method of service set forth in section 19.01.070 of this title.

G. The failure of any person with a financial interest in the property to actually receive the notice of lien shall not affect the validity of the lien or any proceedings taken to collect the outstanding amount(s) due.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. After the City has abated a public nuisance, the Code Enforcement Officer shall request that the City Manager schedule a confirmation of costs hearing before the City's Administrative Hearing Officer in accordance with the administrative enforcement hearing procedures set forth in chapter 19.11 of this title. A confirmation of cost hearing is also appropriate if the City incurred abatement preparation costs before a responsible party voluntarily abated the public nuisance.

B. A notice of the date, time and place of the confirmation of costs hearing shall be served on the responsible party at least ten calendar days prior to the scheduled hearing by the method set forth in section 19.01.070 of this title.

C. A copy of the report describing the work performed and an itemized account of the total abatement costs shall also be served on the responsible party at least ten calendar days prior to the scheduled hearing by the method set forth in section 19.01.070 of this title.

D. The Administrative Hearing Officer at the confirmation of costs hearing shall limit the scope of review to the Code Enforcement Officer's report describing the work performed and the itemized account of costs, together with any objections to its accuracy. The Administrative Hearing Officer may make such revisions, corrections or modifications in the report or the account as may be just and reasonable.

E. Should the Administrative Hearing Officer confirm the abatement costs, he or she shall further order that the costs be assessed as a personal obligation of the responsible party, if the responsible party is not the owner of the real property abated. If the responsible party is the owner of the property abated, he or she shall order that the abatement costs are a special assessment against the real property abated by the City.

F. At the confirmation of costs hearing, the Administrative Hearing Officer shall not consider evidence regarding the merits of any previous abatement hearing or review the decision ordering the administrative or summary abatement.

G. The Administrative Hearing Officer's order confirming or modifying the amount of costs incurred by the City in performing the abatement shall be final.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. The Hearing Officer's decision regarding abatement costs shall be in writing and mailed to the owner or responsible party by certified mail with return receipt, or personally delivered, within ten days from the date of the hearing. A copy shall be sent to the enforcement officer and the Finance Director. If the Hearing Officer orders payment of abatement costs, the decisions shall include an order that such costs be paid within 30 calendar days to the Finance Director.

B. The failure to issue the Hearing Officer's decision within ten days shall not affect the validity of such decisions.

C. The Hearing Officer's decision after the hearing shall be final, except to the extent that a protest is granted by the City Council pursuant to title 1.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Once a final administrative decision or judicial order establishes the amount of the abatement costs and related administrative costs, the Code Enforcement Officer may assess a nuisance abatement lien pursuant to Government Code section 38773.1 by following the following procedures:

1. The Code Enforcement Officer shall give the owner of the parcel abated at least 45 days' notice of the City's intent to record a nuisance abatement lien. The notice shall advise the owner that if full payment of the abatement and related administrative costs are not paid within 45 days of service of the notice, a nuisance abatement lien will be recorded.

2. The notice shall be served in the same manner as summons in a civil action.

3. If the owner cannot be found after a diligent search, the notice may be served by posting it on the property for a period of ten calendar days and by publication thereof in a newspaper of general circulation published in the county in which the property is located.

4. A nuisance abatement lien shall be recorded in the County Recorder's Office in the county in which the parcel of land is located and from the date of recording shall have the same force, affect, and priority of a judgment lien.

5. A nuisance abatement lien shall specify the amount of the lien, the name and address of the responsible City department, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

6. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge shall be recorded by the Code Enforcement Officer.

7. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

8. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(Ord. No. 2020-1056, § 3, 2-24-2020)

If the Administrative Hearing Officer orders that abatement costs be charged as a personal obligation of the responsible party, the Code Enforcement Officer shall collect the obligation by use of all appropriate legal means. This may include the recordation of a code enforcement lien against any real property owned by the responsible party pursuant to the provisions set forth in section 19.12.050. If unable to collect this obligation, the matter may be referred to the City Attorney to file a court action to recover the costs.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. If the Administrative Hearing Officer orders that abatement costs shall be charged against the property, the Code Enforcement Officer may prepare a notice of special assessment approved as to form by the City Attorney.

B. The Code Enforcement Officer shall deliver the notice of special assessment to the County Auditor who shall place it on the County Assessment Roll pursuant to Government Code section 38773.5.

C. The notice of special assessment shall include a copy of the Administrative Hearing Officer's confirmation of costs order and shall summarize the abatement action. The Code Enforcement Officer may record a copy of this special assessment notice to inform any subsequent purchasers or owners about this abatement action and costs.

D. The notice of special assessment shall also be mailed to the property owner, if the property owner's identity can be determined from the County Assessor's or County Recorder's records. The notice shall be sent by certified mail and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

E. The Code Enforcement Officer shall file a withdrawal of this notice with the County Recorder when either:

1. The responsible party pays in full the abatement costs; or

2. The County Auditor or Tax Collector posts a lien on the property pursuant to Government Code section 38773.5.

F. Collection of assessment; penalties and foreclosure. Pursuant to the provisions of Government Code section 38773.5, the County Tax Collector may collect the amount of the assessment at the same time and in the same manner as ordinary municipal taxes, and impose the same penalties and procedures, including the sale of the property, in case of delinquency, as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessment. The provisions of Government Code sections 38772 through 38773.5, and any amendments to those sections, are hereby incorporated by reference and made a part of this section.

As an alternative to the recovery of abatement costs by special assessment, the Code Enforcement Officer can record a nuisance abatement lien pursuant to the provisions set forth in this section.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Abatement costs are a civil debt owed to the City and, in addition to all other means of enforcement, may be enforced by means of a lien against the real property.

B. If payment of the abatement costs is not received by the Finance Department within 30 calendar days of the date appearing on the invoice, the Finance Director shall notify the enforcement officer and the City Clerk. A hearing before the City Council for the purpose of adopting a resolution confirming and assessing the statement of costs shall be set by the City Clerk. Such hearing shall be for the sole purpose of the City Council assessing the unpaid costs as a lien and/or special assessment against the parcel or real property which was the subject of the nuisance abatement. The Council shall not rehear matters relating to whether or not a nuisance existed or it was appropriate to abate such a nuisance.

C. The enforcement officer shall file with the City Council a report:

1. Identifying the property from which the nuisance conditions were abated and the nuisance which was abated;

2. Describing the abatement work which was accomplished;

3. Listing the costs of abatement incurred by the City (and approved by the Hearing Officer if an appeal hearing was held pursuant to CMC 19.12.040); and

4. Setting forth all administrative costs and penalties imposed, if any.

D. A notice shall be delivered to the owner or responsible party in possession or control of the property upon which the nuisance exists or existed either in person or by certified mail with a return receipt, specifying the time and place when the City Council will hear and pass upon the report of the abatement costs, together with any objections or protests, if any, which may be raised by the owner or responsible party liable to be assessed for the abatement costs and any other interested person.

E. The City Council, by resolution, may declare the costs of abatement as a special assessment against the parcel or property upon which the nuisance condition was abated. The costs so assessed, if not paid within five calendar days after confirmation by the City Council, shall become a lien on the property for the amount thereof from the time of recordation of the notice of lien and shall continue until the assessment is paid in full or until it is discharged of record. The failure of the City Council to declare the costs of abatement as a special assessment shall not relieve the property owner of the obligation to pay such costs as a civil debt unless the City Council shall expressly so provide.

F. After adoption of the resolution by the City Council, the City Clerk shall forward to the office of the Stanislaus County Assessor one certified true copy of the resolution of the City Council confirming the statement of costs with the statement of costs attached thereto as an exhibit. The City Clerk also shall file in the office of the Stanislaus County Assessor a notice of lien certificate acceptable to the Stanislaus County Assessor.

(Ord. No. 2020-1056, § 3, 2-24-2020)