Chico Municipal Code Art. V Collection and Lien Procedures

The city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within 90 calendar days, and for which no appeal has been filed may also be assessed and made a lien against the real property upon which the violation occurred.

(Ord. 2180 §§ 4, 5)

A. Whenever an administrative fine has been imposed pursuant to this chapter on an owner of property for a violation occurring or existing on that property and the fine has not been fully paid within 90 calendar days of the date upon which such fine became due and payable, and is not the subject of a pending appeal filed under Government Code section 53069.4, the director may initiate proceedings to establish and record a lien against the property.

B. Prior to the recording of the lien, the director shall prepare and file with the city clerk a report stating, for each property for which a lien is proposed, the amount of the delinquent administrative fine, any applicable penalties and interest, and an administrative fee established by resolution of the city council to recover the administrative costs incurred in recording the lien and carrying out the lien procedures of this chapter.

C. The city clerk shall fix a time, date, and place for hearing by the city council of the report and any protests or objections thereto.

D. The director shall cause written notice to be served on the owner of each affected property not less than ten days prior to the time set for the hearing. Such notice shall set forth the amount of the delinquent administrative fine and any penalties and interest which are due. Such notice shall be delivered by first-class mail, postage prepaid, addressed to each owner of such property to be assessed as that owner's address appears on the last equalized assessment roll or supplemental roll of the County of Butte, whichever is more current. Service by mail as provided for herein shall be effective on the date of mailing, and the failure of any person to actually receive such notice shall not affect the validity of the notice.

E. At the conclusion of the hearing, the city council may adopt a resolution confirming, discharging, or modifying the amount of the lien proposed for each affected property and order that the amount not discharged as to any property be reduced to a lien against that property.

(Ord. 2180 §§ 4, 5)

Within 30 days following the adoption of a resolution by the city council imposing a lien, the clerk shall file the same as a judgment lien in the office of the county recorder fro the County of Butte, California.

(Ord. 2180 §§ 4, 5)

Once payment in full is received by the city for outstanding administrative fines, penalties, interest, and administrative fees, the director shall provide the property owner or concerned escrow company or financial institution with a notice of satisfaction of lien for recordation with the office of the county recorder. Recordation of the notice of satisfaction shall cancel the city’s lien.

(Ord. 2180 §§ 4, 5)