Coachella Municipal Code Ch. 1.10 Cost Recovery Program

Any condition created, caused, committed, or maintained in violation of any provision of this code, or any code adopted by this code, or any state or federal law enforceable by the city, shall be deemed a public nuisance that may be abated by the city by any means permitted by law.

(Ord. No. 1078, § 1, 9-9-15)

The city is entitled to recover all costs, expenses, fines, fees, and attorneys' fees incurred related to any nuisance abatement or code enforcement activity ("nuisance costs"). For purposes of this chapter, "nuisance abatement activity" includes any action by the city intended to cause or compel compliance with any provision of this code, any adopted codes, or any applicable State or federal laws, such as any code enforcement activity, nuisance abatement activity, city staff activity, legal actions, administrative actions, criminal actions, civil actions, or rehabilitative efforts. For purposes of this chapter, nuisance costs include, but are not limited to, administrative fines, administrative expenses, administrative overhead, city staff time, city variable and fixed expenses, inspection costs, investigation costs, enforcement costs, abatement costs, litigation costs and fees, prosecution costs and fees, attorneys' costs and fees, cost recovery expenses, and collection costs.

Any final administrative, criminal, or civil action determining responsibility for the existence of a code violation shall constitute conclusive evidence of the city's right to recover its nuisance costs from the identified responsible party. For purposes of this chapter, "final administrative, criminal, or civil actions" include, but are not limited to, administrative notices after all appeals have been exhausted or the appeal period has expired, administrative citations after all appeals have been exhausted or the appeal period has expired, administrative hearing decisions, criminal convictions, and civil orders and judgments.

(Ord. No. 1078, § 1, 9-9-15; Ord. No. 1098, § 3, 12-14-16)

The prevailing party in any administrative, criminal, civil, judicial, or special action or proceeding to abate a nuisance or enforce this code may recover its reasonable attorneys' fees. In no such action or proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. For purposes of this chapter, "administrative, criminal, civil, judicial, or special actions and proceedings" include, but are not limited to, inspection warrants, abatement warrants, administrative notices, administrative orders, administrative citations, administrative hearings, permit revocations, criminal prosecutions, civil actions, cost recovery hearings or actions, and any such related writs or appeals.

(Ord. No. 1078, § 1, 9-9-15)

In addition to all other cost recovery options available at law and equity, and at the discretion of the city, all recoverable nuisance costs, including attorneys' fees, as permitted by this chapter, may be collected as a personal obligation of all responsible parties jointly and severally, may be made a judgment lien against the nuisance property, and may be made a special assessment against the nuisance property.

(Ord. No. 1078, § 1, 9-9-15)

A. The cost recovery procedures delineated in this chapter are in addition to all other cost recovery options available to the city at law and equity.

B. The city shall serve an invoice identifying all nuisance costs incurred in any nuisance abatement or code enforcement related activity ("invoice") on all responsible parties and all parties with a recorded interest in the nuisance property (collectively "interested parties"). The invoice shall specify the case number for the action, and shall identify the legal owner, the street address, the assessor's parcel number, and the legal description of the nuisance property, as available and applicable. The invoice shall specify that the responsible parties shall have forty-five (45) calendar days to pay all of the city's nuisance costs or else they will become a lien and a special assessment against the nuisance property for the amount of the assessment. The invoice shall specify how payment may be remitted to the city. The invoice shall also specify that the interested parties shall have fifteen (15) calendar days from the date of service to request a hearing regarding the amount of the nuisance costs, and it shall specify the procedure for requesting that hearing. The invoice shall specify that the failure to timely and properly request a hearing shall constitute a waiver of the interested parties' right to dispute the nuisance costs or further challenge the city's cost recovery rights and shall constitute a failure to exhaust their administrative remedies.

C. When requesting a hearing pursuant to this section, the requesting party must provide the city with the following information in writing within the required fifteen (15) calendar days:

1. The case number for the action identified in the invoice.

2. The requestor's full legal name.

3. The requestor's home address.

4. The requestor's address for service if different than the requestor's home address.

5. The requestor's phone number.

6. The amount of nuisance costs disputed.

7. The grounds for all disputes.

(Ord. No. 1078, § 1, 9-9-15)

A. All notices and documents required to be served on interested parties pursuant to this chapter may be served in any of the following ways:

1. Personally service.

2. First-class mail to last known address.

3. Certified mail to last known address.

4. First-class mail to nuisance property.

5. Certified mail to nuisance property.

6. Posting on the nuisance property.

B. Service shall be deemed effective on the date personally served or mailed, as applicable.

C. Failure of any interested party to receive any notice or document properly served pursuant to this section shall not affect the validity of the notice or document, the validity of its service, nor the city's cost recovery rights.

D. All notices and documents required to be served on the city pursuant to this chapter must be personally served or mailed to the city clerk's office. If mailed, the notice or document must be received by the city within the time specified for service.

(Ord. No. 1078, § 1, 9-9-15)

A. Hearing officer. If a hearing to dispute the invoice is timely and properly requested by an interested party ("requestor"), an administrative hearing shall be set before a neutral hearing officer selected by the city ("hearing officer").

B. Hearing date. The city shall set the hearing before the hearing officer between fifteen (15) and sixty (60) days after the timely and proper request for the hearing is received by the city, or on a date otherwise agreed to by all parties to the hearing. The city's representatives and all requestors shall be entitled to be present and heard at the hearing.

C. Hearing notice. The city shall provide at least ten (10) calendar days advance notice of the hearing date, time, and location to all requestors. The hearing notice shall specify that failure to appear at the hearing shall constitute a waiver of the right to dispute the invoice and a failure to exhaust the requestors' administrative remedies.

D. Hearing rules. The hearing officer shall conduct an informal hearing and shall consider all relevant evidence presented at the hearing in determining the amount of the nuisance costs to be assessed. Formal rules of evidence shall not apply to this hearing.

E. Hearing officer's decision. At the hearing, or within five days thereafter, the hearing officer shall issue a decision approving or modifying the amount of the nuisance costs ("decision"). The decision shall identify the legal owner, the street address, the assessor's parcel number, and the legal description of the nuisance property, as available and applicable. All the costs of the hearing shall be borne by the non-prevailing parties. If any cost recovery is upheld, even in part, the city shall be the prevailing party. If cost recovery is entirely denied, the requestor shall be the prevailing party. If the city is the prevailing party, the confirmed amount of the nuisance costs shall include all costs incurred related to the hearing. If the city is the prevailing party, the decision will order the responsible parties to pay the confirmed nuisance costs to the city within thirty (30) days, and shall specific that any confirmed nuisance costs not paid within thirty (30) days shall become a lien and a special assessment against the nuisance property. The hearing officer's decision shall be final. The city shall serve notice of the hearing officer's decision on all interested parties.

(Ord. No. 1078, § 1, 9-9-15)

A. If the nuisance costs are not paid when due, the city may record a lien against the nuisance property for any unpaid nuisance costs. The city shall serve the owners of the nuisance property by certified mail with a copy of the lien prior to recording.

B. In the event the lien is discharged, released, or satisfied, notice of the discharge shall be recorded.

C. If the lien is not satisfied within ninety (90) days, the city may foreclose on the lien.

D. The lien shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of City of Coachella)

Pursuant to Coachella Municipal Code ("CMC") chapter 1.10, on or about [MONTH] [DAY], [YEAR], the City of Coachella ("City") instituted a nuisance abatement action against the herein describe parcel of real property intended to cause or compel compliance with the CMC. The City has incurred costs, expenses, and fees that have not been reimbursed by the responsible parties. Accordingly, the City is entitled to, and hereby claims, a lien against the nuisance property in the amount of $[AMOUNT] until this amount has been paid in full and discharged of record. The record owner of the nuisance property is [RECORD OWNER NAME]. The nuisance property is the parcel of real property located in the City of Coachella, County of Riverside, State of California at [STREET ADDRESS], Coachella, California [ZIP], Assessor's Parcel Number [APN]. The legal description for the nuisance property is:

[LEGAL DESCRIPTION]

Dated: [MONTH] [DAY], [YEAR]

___________ City Manager City of Coachella, California

[ACKNOWLEDGEMENT]

(Ord. No. 1078, § 1, 9-9-15)

A. If the nuisance costs are not paid when due, the city may levy a special assessment against the nuisance property for any unpaid nuisance costs. The special assessment may also be recorded against the nuisance property. The city shall serve all parties with an interest in the nuisance property by certified mail with a copy of the special assessment prior to recording. The recording shall specify that the property may be sold after three years by the tax collector for the unpaid delinquent assessments.

B. Notice of the special assessment shall be provided to the tax collector for the county, whereupon it shall be the duty of the tax collector to add the amounts of the special assessment to the next regular tax bills levied against the nuisance property, and 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

C. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

D. The recorded special assessment shall be in the form substantially as follows:

NOTICE OF LIEN AND SPECIAL ASSESSMENT

(Claim of City of Coachella)

Pursuant to Coachella Municipal Code ("CMC") chapter 1.10, on or about [MONTH] [DAY], [YEAR], the City of Coachella ("City") instituted a nuisance abatement action against the herein describe parcel of real property intended to cause or compel compliance with the CMC. The City has incurred costs, expenses, and fees that have not been reimbursed by the responsible parties. Accordingly, the City is entitled to, and hereby claims, a lien and special assessment against the nuisance property in the amount of $[AMOUNT] until this amount has been paid in full and discharged of record. The record owner of the nuisance property is [RECORD OWNER NAME]. The nuisance property is the parcel of real property located in the City of Coachella, County of Riverside, State of California at [STREET ADDRESS], Coachella, California [ZIP], Assessor's Parcel Number [APN]. The legal description for the nuisance property is:

[LEGAL DESCRIPTION]

Dated: [MONTH] [DAY], [YEAR]

___________ City Manager City of Coachella, California

[ACKNOWLEDGEMENT]

(Ord. No. 1078, § 1, 9-9-15)