Clearlake Municipal Code § 10-5 Property Maintenance, Nuisance and Vehicle Abatement

a. Pursuant to California Government Code Sections 38773, 38773.1, and 38773.5, and any successor statutes, all administrative penalties, as well as all administrative costs and abatement costs incurred by the City to abate a nuisance, whether imposed by the Code Enforcement Officer, Hearing Officer or City Council, pursuant to this Chapter in connection with real property that have not been timely paid in full, or been successfully challenged by a timely appeal or writ of mandate, may be made a lien or special assessment against the real property on which the violation occurred in accordance with the procedures set forth in this section. b. Prior to recording any lien or special assessment, the Code Enforcement Officer shall prepare and file with the City Manager a report stating the amounts due and owing, for presentation to the City Council. c. At least ten (10) days prior to the City Council meeting at which the City Council will consider the report and recordation of the lien or special assessment, the City Manager or his/or designee shall serve the property owner and violator (if different) with a copy of the Code Enforcement Officer’s report and a notice of the time and place of the hearing, advising the owner the he or she may appear and protest any penalty, charge and/or cost contained in the report. Such notice shall be served as provided in this subsection 10-1.12 of this Chapter. The report and notice shall also be posted conspicuously on the subject property at the time they are served. d. Any person whose real property is subject to a lien or special assessment pursuant to this Chapter may file a written protest regarding any penalty and/or cost contained in the report with the City Council or may protest orally at the hearing. Each written protest must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

e. At the time fixed for hearing, the City Council shall consider the report and protests or objections by the violator or of the property owner potentially subject to the lien or special assessment. The City Council may revise, correct or modify the report as is considered just. Thereafter, the City Council shall make a written determination confirming, discharging or modifying the amount of the lien or special assessment. A copy of the written determination shall be served on the property owner in any manner provided for service in this Chapter within ten (10) days of the hearing. f. The lien may be foreclosed on and the property upon which it was recorded sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. g. The City may also elect to seek collection of the outstanding administrative penalties, administrative costs and abatement costs as a special assessment against the real property on which the nuisance existed. After recordation of the special assessment the City shall provide a copy of the notice of recordation, proof of service and the recorded special assessment to the Tax Collector so that the Tax Collector can add the described special assessment payments to the next regular tax bill levied against the property and the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary municipal taxes, as set forth in Section 38773.5 of the Government Code. (Ord. #2012-159)

a. The lien shall not attach until the Code Enforcement Officer records a certificate listing unpaid administrative penalties, administrative costs and/or abatement costs with the Office of the County Recorder of Lake County, California. The certificate shall specify the amount of the lien or special assessment, the street address, legal description and assessor parcel’s number of the parcel on which the lien or special assessment is imposed, and the name and address of the record owner of the parcel. Once recorded, the lien or special assessment shall have the force and effect and priority of a judgment lien governed by the provisions of Sections 697.340 of the California Code of Civil Procedure and may be extended as provided in Section 683.110 to 686.220, inclusive, of the California Code of Civil Procedure. b. Until the lien or special assessment is satisfied, discharged or released, interest shall accrue on the principal amount of the judgment lien remaining unsatisfied at the maximum amount allowed by law. c. Any fees incurred by the City for processing, recording of the lien or special assessment and providing notice to the property owner may be recovered by the City as part of its action to enforce the lien or special assessment. (Ord. #2012-159)

In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, the City Clerk shall record a notice of the discharge specifying the amount of the lien or special assessment, the street address, legal description, and assessor’s parcel number of the parcel on which the lien or special assessment is imposed, and the name and address of the record owner of the parcel, with the County Recorder. Such notice of discharge shall cancel the City’s lien or special assessment. (Ord. #2012-159)

On entry of a second or subsequent civil or criminal judgment for abatement of a public nuisance within two (2) years from the entry of the first judgment, the City may seek an order requiring the property owner or other party creating the nuisance to pay treble the amount of the City’s costs incurred to abate the nuisance, except in cases under Health and Safety Code Section 17980. (Ord. #2012-159)

Upon Council confirming assessments for failure to abate a public nuisance, and if the property owner(s) reaches full voluntary compliance within the prescribed time periods as stated below, the City Manager shall have the authority to reduce the fine amount and release the recorded lien and documents, provided the reduced fine amount is paid in full prior to release of recorded lien and documents and provided that the property owner pays any cost for releasing the recorded lien and documents: a. Full voluntary compliance within thirty (30) calendar days after date of Assessment Hearing, the City Manager has authority to reduce the fine amount to five (5%) percent of the total recorded lien amount; b. Full voluntary compliance within thirty-one to sixty (31-60) calendar days after date of Assessment Hearing, the City Manager has authority to reduce the fine amount to ten (10%) percent of the total recorded lien amount; c. Full voluntary compliance within sixty-one to ninety (61-90) calendar days after date of Assessment Hearing, the City Manager has authority to reduce the fine amount to twenty-five (25%) percent of the total recorded lien amount; d. Full voluntary compliance within ninety-one to one hundred twenty (91-120) calendar days after date of Assessment Hearing, the City Manager has authority to reduce the fine amount to fifty (50%) percent of the total recorded lien amount; e. No fine shall be reduced after one hundred twenty (120) calendar days. f. Property owner(s) are required to contact Code Enforcement for a compliance inspection. One (1) inspection will be permitted and authorized every thirty (30) calendar days up until the one hundred twentieth (120) calendar day. If days thirty (30), sixty (60), ninety (90) and / or one hundred twenty (120) fall on a non-business day, a compliance inspection shall be allowed or scheduled on the next business day only. g. In the event full voluntary compliance is achieved within one of the above mentioned time periods, the reduced fine amount must be paid in full or payment arrangements made and authorized by the City Manager within sixty (60) calendar days from date of compliance. If payment arrangements are made and authorized by the City Manager, all reduced fine amounts shall be paid in full within one (1) calendar year from date of compliance. h. If payment is not made in full or payment arrangements are not made and authorized by the City Manager within sixty (60) calendar days from date of compliance, the reduced fine amount will be void and the original assessed and recorded amount shall be confirmed and due. i. If the property owner(s) fails to adhere to the authorized payment arrangements, the reduced fine amount will be void and the original assessed and recorded amount shall be confirmed and due. (Ord. #188-2016)