Coalinga Municipal Code Art. 3 Abatement

Footnotes:

--- (4) ---

Editor's note— Ord. No. 768, § 1, effective July 14, 2012, amended Art. 3 in its entirety, in effect repealing and reenacting said article to read as herein set out. The former art. 3, §§ 7-6.301—7-6.309, pertained to similar subject matter and derived from Ord. No. 584, § A, effective May 4, 1991; Ord. No. 644, effective January 15, 2000; and Ord. No. 757, § 2, effective April 18, 2010.

In addition to the penalties provided herein, upon a determination by the Director of Public Works that any activity or condition exists in violation of this chapter, he may cause a copy of this chapter to be sent by certified mail to the last address of record of the property owner concerned, together with a notice setting forth the details of the violation and requirements of its abatement, advising the owner of the property that the violation shall be abated by the owner within fifteen (15) days, and advising the owner of the property of the right to request a hearing.

(Ord. No. 768, § 1, eff. July 14, 2012)

Prior to expiration of the fifteen-day period, the property owner may request a hearing by the City Manager to determine whether a violation of this chapter exists. If a hearing is requested, the City Manager shall hold the hearing within five (5) business days following the request, unless there are extenuating circumstances requiring the hearing to be held at a later date, in which case the hearing shall be held as soon as possible. The property owner may appeal the City Manager's decision to the City Council by requesting an appeal, in writing, within five (5) business days following the decision by the City Manager.

(Ord. No. 768, § 1, eff. July 14, 2012)

If the violation is not abated, and if a request for hearing has not been received by the City within the fifteen-day period, the City Manager may direct City staff, or a contractor hired by the City, to immediately abate the violation on the property. The Director of Public Works is expressly authorized to enter upon private property for such purposes.

(Ord. No. 768, § 1, eff. July 14, 2012)

The Director of Public Works shall keep an account of the cost of abating such violation upon each lot, piece, or parcel of land, and shall submit an invoice with an itemized statement of the costs to the owner or owners of such premises, if known, to his or their last known place of residence. The invoice shall be due and payable in thirty (30) days.

In the event that any such owner is unknown, the statement shall be posted on the bulletin board of City Hall for one week, giving notice when such statement shall be submitted to the City Council for approval.

(Ord. No. 768, § 1, eff. July 14, 2012)

If the invoice is not paid in full in thirty (30) days, a hearing will be set at the next regular Council meeting to approve the costs and to direct staff to place a lien on the property. The City Council shall proceed to consider such statement of costs, rendering a determination which shall be final and conclusive. The amounts of the cost of abating a public nuisance shall either be a lien on the property pursuant to Government Code Section 38773.1 as provided for in subsections (a) and (b) of this section, a special assessment against the property pursuant to Government Code Section 38773.5 as provided for in subsection (c) of this section, or the personal obligation either of the owner or of the person responsible for creating, causing, committing or maintaining the public nuisance or both such owner and responsible person, as provided for in subsection (d) of this section.

(a) As an alternative to the procedure authorized in subsections (c) and (d) of this section and pursuant to the authority of Government Code Section 38773.1, if the cost of abatement is not paid within ten (10) days after determination is made by the City Council, the City may file in the Office of the County Recorder a certificate in substantially the following form:

NOTICE OF LIEN

On the ________ day of ________, 20___, the City of Coalinga caused a public nuisance to be abated on the real property hereinafter described pursuant to an abatement order of the City Council dated ________, 20___. The City did on the day of ________, 20___, by action duly recorded in its official minutes assess the cost of such abatement and related administrative costs, and determined that the same have not been paid. The City Council hereby claims a lien on said real property for the net expense of the doing said work plus related administrative costs in the sum of $ ________, and the same shall be a lien on said property until said sum, with interest at the rate of 7% per annum, from the ________ day of ________, 20___ (date of determination of statement), has been paid in full and discharged of record. The real property herein mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Coalinga, County of Fresno, State of California, and particularly described as follows:

(Description of Property by Street Address, Legal Description, and Parcel Numbers and Name of owner and address)

Dated: ________

___________ Director of Public Works

(b) From and after the date of recording the notice of lien provided for in subsection (a) of this section, all persons shall be deemed to have had notice of the contents thereof. If any such lien is not paid, the City may file and maintain an action to foreclose such lien or take any other action as provided by law.

(c) As an alternative to the procedure authorized in subsections (a) and (b) of this section and pursuant to the authority of Government Code Section 38773.5, the cost of abatement, if not paid within ten (10) days after its determination by the City Council, may constitute a special assessment against that parcel of property which shall be recorded as follows:

(1) After the City Council determines that the charge will be assessed against the property, the City shall record a notice describing the abatement action and the total costs with the County Recorder.

(2) After the City Council's determination is made and certified copies of the report and the City Council resolution shall be given to the County Auditor or Assessor who shall add the amount of the assessment to the next regular tax bill levied against the parcel in the same manner as ordinary municipal taxes.

(3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes, and shall be subject to the same penalties and procedure and sale 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 such assessment.

(4) The assessment shall be subordinate to all existing special assessments previously imposed upon the same property and paramount to all other liens except State, County and municipal taxes with which it shall be on parity. The assessment shall continue until the principal amount and all interest due and payable thereon has been paid.

(d) The City Council may also order that the cost for the abatement be made a personal obligation either of the property owner or of the person responsible for causing, committing or maintaining the public nuisance or both such owner and responsible person. The City Council shall then direct the City Attorney and the Finance Department to collect the cost of abatement.

(e) The City Council may direct the City Attorney to institute a lawsuit to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this chapter, the City Attorney may bring any appropriate civil and criminal action for abatement of any nuisance within the City pursuant to any other provision of the law. Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that the owner or possessor of a property, place or area is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner or possessor to pay treble the costs of the abatement to the City.

(f) All monies recovered by payment of the charge, obligation, assessment or lien shall be paid to the City Treasurer who shall credit the same to the Nuisance Abatement Fund.

(Ord. No. 768, § 1, eff. July 14, 2012)

Notwithstanding anything to the contrary in this chapter, the following process shall apply to the abatement of graffiti:

(a) Within seventy-two (72) hours of the receipt of written notice from the City, the owner shall remove or paint out all graffiti described in the notice, and in accordance with Section 7-6.203(m).

(b) The City shall have the right to remove or paint out all graffiti after the seventy-two-hour period, using its own materials, equipment, and manpower.

(c) The provisions of Sections 7-6.304 and 7-6.305 shall apply to the recovery of all graffiti abatement costs.

(Ord. No. 768, § 1, eff. July 14, 2012)