Chapter 12B — NUISANCES

The city council finds and determines as follows:

(a)

The city wishes to encourage the maintenance of well-kept properties. The city recognizes that property values and the general welfare of the community are founded in large part on the appearance, maintenance and safety of properties.

(b)

The existence of property in a condition constituting a nuisance as defined in this chapter is injurious to the public health, safety and welfare of the residents of the city. Such conditions contribute substantially and increasingly to the necessity for excessive expenditures for protection against hazards, diminution of property values, and the preservation of the public health and safety.

(c)

Public nuisances are those affecting the entire community, neighborhood or a considerable number of people. Under California law, local governments have standing to intercede and to abate a public nuisance.

(d)

The existence of public nuisances of the type designated and the abatement of these public nuisances, is reasonably related to the proper exercise of the police power in protecting the health, safety and welfare of the public, and the exercise of that power by the city is authorized by the constitution of the state and applicable laws.

(e)

Unless uniform and expedient corrective measures are available to be undertaken to alleviate such conditions, the public health, safety and general welfare and the property values and social and economic standards of this community will be substantially depreciated. The abatement of such conditions will enhance the appearance and value of such properties and will improve the tax base of the city.

(f)

It is in the public interest to establish a cost recovery procedure so that the abatement of a public nuisance is at the expense of the person(s) creating, causing, committing or maintaining the nuisance.

(g)

It is the intent of the city council of the city in adopting this chapter to provide a comprehensive method for the identification and abatement of certain public nuisances within the city.

(h)

The provisions of this chapter are supplementary and complementary to all of the provisions of the City Code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances.

(Ord. No. 428, § 1.)

As used in this chapter:

"Administrative costs" shall mean that segment of costs of abatement that includes staff time expended that was reasonably related to enforcement activities under this chapter. Administrative costs shall include, but not be limited to, site inspections and re-inspections, third party inspections, investigations, printing, research, preparation of summaries, reports, notices, and the time and expense of preparing for and attending meetings and/or hearings related abatement proceedings. The hourly rate for staff time shall be set by the city manager and may be revised from time to time.

"Cost of abatement" means the total cost incurred by the city in connection with a public nuisance including, but not limited to:

(1)

Any cost incurred in removing or remedying a public nuisance;

(2)

The notice and order, appeal and termination fees for administrative services rendered by the city in connection with the inspection, notification, prosecution and abatement procedures authorized by this chapter:

(A)

The notice and order, appeal and termination fees shall be in such amounts as are determined from time to time by resolution of the city council,

(B)

The notice and order, appeal and termination fees will be calculated based on services rendered by the city from the time of the initial complaint intake for the purpose of documenting a violation of this chapter until the violation is corrected,

(C)

The notice and order, appeal and termination fees are not intended to be a penalty imposed for violation of this chapter or other laws;

(3)

Any cost incurred by the city in collecting the costs enumerated in subsections (1) and (2) of this definition, including administrative costs.

"Junk" means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no substantial market value or requiring reconditioning in order to be used for its original purpose.

"Nuisance" means anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the use in the customary manner of any public park, street, highway or other public property.

"Owner" means owner of record of real property, occupant, lessee, interested holder in same, or homeowners association, as the case may be. For purposes of this chapter, a homeowners association which exercises management and/or control over a common area shall be deemed an owner of the area over which such control is exercised. Exercising control includes but is not limited to maintenance,

ownership, easements and/or assessing fees on property owners pursuant to agreements, deeds or recorded documents.

"Premises" means any real property, or improvements thereon, as the case may be, including but not limited to, an area designated as a common area within a condominium or similar project.

"Property" means premises.

"Public nuisance" means a nuisance which affects at the same time a substantial portion of a community, neighborhood or any considerable number of persons residing or working in such area, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

(Ord. No. 428, § 1.)

It is unlawful and a misdemeanor and hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this city to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist and allowed to continue:

(a)

The keeping, storage, depositing, or accumulation on the premises of any personal property which is within the view of persons on adjacent or nearby real property or the public right-of-way when such personal property constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby property or property values, including but not limited to: trash, junk, garbage, debris, household goods, mattresses, paints and solvents, vehicle and/or bicycle tires, tire racks, rims, wheels, inoperative vehicles, vehicles in various states of disrepair, vehicle parts, cabinets, furniture, clothing, appliances, boxes, construction materials and/or tools, yard and garden equipment in excess of that which is reasonable and acceptable for maintaining the property at which it is located, bicycles, scooters and like items in excess of that which is reasonable for use by the current occupants of a property, and unseaworthy boats or vessels. Wood and building materials being used, or to be used, for a project of repair or renovation and for which an active building permit is in existence may be stored for as long as is necessary to complete the project expeditiously. Upon expiration or cancellation of the permit, wood and building materials for the project must be immediately removed;

(b)

The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials that constitute visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values;

(c)

A swimming pool, pond or other body of water on the premises which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted; "polluted water" means water contained in a swimming pool, pond, or other body of water, which includes but is not limited to

bacterial growth, including algae, vector breeding, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition;

(d)

Buildings which are abandoned, boarded up, partially destroyed, structurally unsafe, substantially deteriorated, or left unreasonably in a state of partial construction without an active building permit; unpainted, unmaintained and otherwise unprotected buildings, causing deterioration in the form of dry rot, warping, buckling, twisting, bowing, and infestations of various kinds; buildings with broken windows constituting hazardous conditions and inviting trespassers, illegal and unauthorized uses, and malicious mischief; and buildings which are a fire hazard or otherwise present a danger to the public;

(e)

Any condition in violation of the city building regulations, set forth in Chapter 6 of the City Code;

(f)

Any condition in violation of the city animal control regulations, set forth in Chapter 4 of the City Code;

(g)

Any condition in violation the city zoning regulations, set forth in Appendix A of the City Code;

(h)

Any condition in violation of the city fire protection regulations, set forth in Chapter 9 of the City Code;

(i)

Any condition in violation of the city refuse and garbage regulations, set forth in Chapter 14 of the City Code;

(j)

Any condition in violation of the city abandoned, wrecked or inoperable vehicle regulations, set forth in Chapter 21 of the City Code;

(k)

Any unimproved real property which has become a dumping ground for litter, garbage, junk, debris, or discarded vehicles, vehicle parts and/or vehicle hulks;

(l)

Any illegal activity occurring on the property which is detrimental to the life, health, safety and welfare of the residents, neighbors or public. For purposes of this chapter, illegal activity is defined as any violation of state or federal law, rules or regulations, or local ordinance.

(Ord. No. 428, § 1.)

(a)

The city manager shall be the primary city official responsible for the administration and enforcement of this chapter. The city manager may appoint a nuisance abatement team or other city official as his/her designee and delegate all or a portion of the administration and enforcement responsibilities to that team or official. Any legal remedies available may be pursued by the city manager or his/her designee and the city attorney to address violations of this chapter.

(b)

Enforcement of this chapter shall occur when violations are public nuisances as defined herein. Enforcement of violations which are visible from the public right-of-way shall be given priority, unless otherwise specified or determined to be an imminent hazard by the city manager or his/her designee.

(c)

Nothing in this chapter shall prevent the city council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance as an alternative to the proceedings set forth in this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. No. 428, § 1.)

(a)

Any violation of this chapter may be prosecuted as a criminal offense. Unless expressly described as an infraction, a violation of any provision of this chapter, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. Notwithstanding the preceding sentence, a violation of this chapter may, in the discretion of the police chief of the city or other enforcing authority, be charged and prosecuted as an infraction unless the defendant, at the time of an arraignment or entry of plea, objects to the violation being made an infraction, in which case the charge shall be prosecuted as a misdemeanor.

(b)

Any person convicted of a misdemeanor pursuant to this chapter, unless provision is otherwise herein made, may be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment.

(c)

Any person convicted of an infraction pursuant to this chapter may be punished by a fine in an amount established by resolution of the city council. A third (or subsequent) violation of this chapter by the same person within a twelve-month period may be charged and prosecuted as a misdemeanor, even if such violation would otherwise be described as an infraction.

(Ord. No. 428, § 1.)

(Ord. No. 457, § 3, 7-6-2010)

(a)

If the police chief or any officer acting under his/her authority, elects to charge a public nuisance condition or violation of this chapter as a criminal violation, such officer shall prepare in triplicate a written Notice to Appear, pursuant to California Penal Code Section 948, containing the name and address of such person, the offense(s) charged, and the time and place where and when such person shall appear in court. The officer shall obtain the signature of the person being cited and shall deliver to him/her a copy of the Notice to Appear. The remaining copies will be retained by the officer. The time specified in the Notice to Appear must be at least forty-five days after the date of the arrest.

(b)

In any matter where the violation is charged as a misdemeanor, the officer shall send the Notice to Appear to the city attorney who will prepare a misdemeanor complaint and will handle the prosecution of the violation thereafter. If the violation is charged as an infraction, the officer will forward the citation to the Colusa County Court for routine processing.

(Ord. No. 428, § 1.)

The city manager or personnel acting under his or her direction may enter upon private or public property to enforce or administer the provisions of this chapter: (i) with the voluntary consent of the owner or occupant of the premises; (ii) where there is no reasonable expectation of privacy; or (iii) pursuant to an inspection warrant in accordance with Sections 1822.50 to 1822.58 of the California Code of Civil Procedure. An inspection warrant shall be issued by a judge upon cause, unless some other provision of state or federal law makes another standard applicable, and shall be supported by an affidavit that particularly describes the premises to be inspected, the purpose of the inspection, and a statement that consent was sought and refused or facts reasonably justifying a failure to seek consent. Unless specifically authorized by the judge issuing the inspection warrant, an inspection may not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, nor in the absence of an owner or occupant of the premises, or by forcible entry.

(Ord. No. 428, § 1.)

(a)

It shall be the responsibility of an owner to abate any public nuisance located on property that is owned, controlled, leased or occupied by such person.

(b)

Alternatively, the city may petition a court of competent jurisdiction for an abatement warrant authorizing the city manager or his/her designee, or contractor of the city to enter onto the premises to abate a public nuisance. An abatement warrant shall be requested in the same manner, and be in substantially the same form, as an inspection warrant, as referenced in Section 12B-6 of this chapter.

(Ord. No. 428, § 1.)

(a)

Whenever the city manager or his/her designee has inspected or caused to be inspected any premises and has found and determined that such premises are in violation of this chapter, he or she may commence proceedings to cause abatement of the nuisance as provided herein. The city manager or his/her designee shall also respond to and investigate citizen complaints regarding public nuisances.

(b)

Upon a determination that any public nuisance exists in violation of this chapter, the city manager or his/her designee shall issue a notice of violation and order to abate (notice and order) directed to the record owner(s) of the premises. The notice and order shall contain:

(1)

The street address and/or such other description as is required to identify the premises;

(2)

A statement specifying the conditions which constitute the nuisance and declaring such conditions to be a public nuisance pursuant to Section 12B-3 of this chapter;

(3)

A statement of the action required to be taken to eliminate the public nuisance;

(4)

A statement ordering the owner to abate the nuisance prior to a set date;

(5)

A statement advising that any person having any record title or legal interest in the premises may appeal the notice and order provided that the appeal is made in writing as provided in Section 12B-11 of this chapter;

(6)

A statement that the appeal request must be in writing and filed with the city manager within thirty days of service of the notice and order;

(7)

A statement that failure to appeal the notice and order will constitute a waiver of all right to an administrative hearing and will be a final determination of the matter;

(8)

A statement that if the public nuisance is not abated within the time set forth in the notice and order, the city will arrange for abatement at the expense of any or all owners;

(9)

If the city intends to seek attorney's fees pursuant to Section 38773.5 of the Government Code, a statement that the city intends to seek and recover attorney's fees.

(Ord. No. 428, § 1.)

A fee shall be imposed on the owner of any property for which a notice and order is issued pursuant to this chapter. The fee shall be calculated to recover the total city cost of inspections and enforcement and shall be set by resolution of the city council. An additional fee which shall be set by resolution of the city council shall be imposed on the owner of the property at the conclusion of any matter in which a notice and order has been issued. This termination fee shall be calculated to recover the cost of closing the file, removing or placing liens, and other associated administrative costs. The fees imposed pursuant to this section shall be due and owing regardless of whether the public nuisance is eliminated in response to the notice and order. No fees shall be due and owing if an appeal is filed and the appeal is sustained. All fees shall be a personal obligation of the owner and a lien upon the property and are due and payable within thirty days of issuance of the notice and order or closing of the file respectively; provided that if an appeal is filed, the fees shall be due and payable upon a final decision on the appeal. Any fee not paid within that time shall be collected pursuant to the procedure set forth in Section 12B-15 of this chapter.

(Ord. No. 428, § 1.)

(a)

The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the city manager or his/her designee or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the city manager or his/her designee to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.

(b)

Service of the notice and order may be made upon all persons entitled thereto in the following manner:

(1)

Personal service; or

(2)

Certified mail, postage prepaid, return receipt requested to each person as required pursuant to the provisions of subsection (a) of this section at the address as it appears on the last equalized assessment roll of the county, and as known to the city manager or his/her designee. The address of the owner shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Simultaneously, the same notice may be sent by first class (regular) mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

(3)

Service by certified or regular mail in the manner described above shall be effective on the date of mailing.

(4)

The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Code. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062.

(c)

Proof of service of the notice and order shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be made part of the city's permanent record.

(Ord. No. 428, § 1.)

(a)

Form of Appeal. Any person having any record title or legal interest in the premises may appeal from any notice and order of the city manager under this chapter by filing at the office of the city manager within thirty days from the date of service of such notice and order, a written appeal containing:

(1)

A brief statement setting forth the legal interest of each of the appellants in the premises involved in the notice and order;

(2)

A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

(3)

A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;

(4)

The signatures of all parties named as appellants and their official mailing addresses, with statements from each appellant that each agrees to accept service of the written notice of the time and place of the appeal hearing and the decision of the hearing examiner at such address;

(5)

The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

(b)

Processing of Appeal. Upon receipt of any appeal filed and the appeal fee pursuant to this section, the city manager shall transmit said appeal to a hearing officer retained by the city who shall calendar it for hearing within forty-five days of the filing of the appeal.

(c)

Noticing Appeal for Hearing. Written notice of the time and place of the hearing shall be given at least ten calendar days prior to the date of the hearing to each appellant by the hearing officer either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.

(d)

Appeal Fee. Except as provided herein, the city manager shall collect and require an appeal fee to be paid at the time the written appeal notice is filed. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, hearing officer compensation, preparation and service of notices and staff appearance in the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed provided that the city manager may waive or defer the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply.

(e)

Effect of Failure to Appeal. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and order, or any portion thereof.

(f)

Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

(g)

Staying of Order Under Appeal. Enforcement of any notice and order of the city manager issued under this chapter shall be stayed while an appeal that was properly and timely filed is pending.

(Ord. No. 428, § 1.)

(a)

At the time set for hearing, the hearing officer shall proceed to hear the testimony of the city manager or his/her designee, the owner, and other competent persons respecting the condition of the premises, and other relevant facts concerning the matter.

(b)

The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense. Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended.

(c)

The hearing officer may, upon request of the owner of the premises or upon request of the city manager or his/her designee, grant continuances from time to time for good cause shown, or upon his or her own motion.

(d)

Government Code of the State of California, Section 11513, subsections (a), (b) and (c), as presently written or hereinafter amended, shall apply to hearings under this chapter.

(e)

Each party may represent themselves, or be represented by anyone of their choice. If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

(f)

In reaching a decision, official notice may be taken by the hearing officer, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city.

(g)

The hearing officer may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:

(1)

Notice of such inspection shall be given to the parties before the inspection is made;

(2)

The parties are given an opportunity to be present during the inspection; and

(3)

The hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(Ord. No. 428, § 1.)

(a)

The decision of the hearing officer shall be in writing and shall contain findings of fact and a determination of the issues presented. If it is shown by a preponderance of the evidence that the condition of the premises constitutes a public nuisance, the decision shall require the owner to commence abatement of the nuisance not later than fifteen days after the issuance of the decision, and that the abatement be completed within such time as specified by the hearing officer, or in the alternative, within the time designated by the city manager. The decision shall inform the owner that if the nuisance is not abated within the time specified, the nuisance may be abated by the city without further notice in such manner as may be ordered by the city manager and the expense thereof made a lien on the property involved and/or a personal obligation.

(b)

The decision shall also inform the owner that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by certified mail. The decision shall be final when signed by the hearing officer and served as follows: the city manager shall serve a copy on the record owner, in the same manner as set forth in Section 12B-10 of this chapter, and one copy shall be served on each of the following, if known to the city manager or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises.

(c)

After any notice and order issued pursuant to this chapter shall have become final by failure to file a timely appeal or after hearing officer's decision on appeal is rendered, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order or decision is guilty of a misdemeanor.

(Ord. No. 428, § 1.)

If, in the opinion of the city manager, there exists a condition on any premises which is of such a nature as to be imminently dangerous to the public health, safety or welfare, which if not abated according to the procedures of this chapter, would, during the pendency of the proceedings, subject the public to potential harm of a serious nature, the same may be abated forthwith without compliance with the provisions of this chapter. Abatement may include, but is not limited to boarding of windows, doors and other openings to city specifications, removal of junk and debris, and securing the perimeter of the property with fencing, gates or barricades (to prevent further occurrences of the nuisance activity).

The city manager or his/her designee shall keep an itemized account of the costs incurred by the city in abating the violation and shall submit a report of the abatement costs to the financial officer of the city. The report of abatement costs shall also be served on the property owner and shall include notice of the time and place when a hearing will be conducted in which the property owner may contest the validity of the summary abatement and the costs incurred by the city in abating the violation. Such costs may be recovered to the same extent and in the same manner that abatement costs are recovered pursuant to Section 12B-15.

(Ord. No. 428, § 1.)

(Ord. No. 452, § 4, 1-19-2010)

(a)

Every owner of property within the city is liable to the city for the cost of abatement of a public nuisance located on his or her premises conducted pursuant to this chapter.

(b)

The city manager or his/her designee shall keep an itemized account of the expense incurred by the city in abating nuisances under the provisions of this chapter including all administrative costs. Upon the completion of the work of abatement, the city manager or his/her designee shall prepare and file with the finance officer of the city a report specifying the work done, the itemized and total cost of the work, a description of the real property at which the work was performed, and the names and addresses of the persons entitled to notice pursuant to Section 12B-10 of this chapter.

(c)

Upon receipt of the report, the finance officer shall immediately bill the owner(s) for payment of the cost of the abatement work, together with all administrative costs, stating that the billing is due and payable within

thirty days of its date, and if not paid within that time the amount thereof may become a lien on the property upon which the abatement work was performed and may be collected with taxes assessed on the secured tax roll of Colusa County.

(d)

The finance officer shall keep an account of the costs, including administrative charges, incurred by the city to abate public nuisances as aforesaid for each separate lot or parcel of land and shall embody such account in a report and assessment list made to the city council, which report shall be filed with the city clerk. Such report shall refer to each separate lot or parcel of land by description reasonably sufficient to identify the same, together with the expenses, including administrative charges, proposed to be assessed against it. The report and assessment/lien list need not contain any reference to lots or parcels of land upon which abatement work has been done at the expense of the city, if the cost thereof has been paid to the city prior to the preparation of the report and assessment/lien list.

(Ord. No. 428, § 1.)

(a)

The city clerk shall post a copy of the finance officer's report and assessment/lien list on the bulletin board in the City Hall, together with notice of the filing thereof and the time and place when and where it will be submitted to the city council for hearing and confirmation. The finance officer shall mail to the person or persons whose property is mentioned in the report and assessment/lien list and in the manner prescribed in Section 12B-12(g), a notice in form substantially as follows:

COSTS, ASSESSMENT AND/OR LIEN FOR NUISANCE ABATEMENT AND NOTICE OF HEARING TO CONFIRM COSTS, ASSESSMENT AND/OR LIEN

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 12B of the Colusa City Code, the city manager has abated a public nuisance from real property owned, occupied, rented, managed or controlled by you, which real property and the cost of said abatement work are as described and set forth on the enclosed billing.

NOTICE IS HEREBY FURTHER GIVEN THAT on _____ day of ____, 20, at the hour of _____, or as soon thereafter as the matter can be heard at ___________, the report of the finance officer on the cost of nuisance abatement, and the assessment/lien list thereof, will be presented to the city council for consideration, correction and confirmation, and that at said time and place any and all persons interested in or having any objections to said report or list of proposed assessments/liens, or to any matter or thing contained therein may appear and be heard. The failure to make any objection or protest to said report and list shall be deemed a waiver of same.

Upon confirmation of said cost, assessment/lien by the city council, the amount thereof will be due and payable. In the event the same is not paid within fifteen (15) days following confirmation, said assessment/lien along with an additional fee as set by resolution of the City council on file in the city clerk's office will be added to the secured property tax roll of Colusa County and thereafter shall become an assessment/lien on said property.

If you have any questions, or want additional information regarding this matter, please contact the finance officer at 425 Webster Street, Colusa, CA, 95932; telephone: (530) 458-4740.

DATED:________

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(b)

The posting of the finance officer's report and assessment/lien list and the mailing of notice to property owners as above provided for shall be done at least ten days before the date of the hearing scheduled before the city council.

(c)

In every instance where abatement work has been performed at the expense of the city and a billing therefor has been rendered and is past due as of June 1st of any calendar year, the hearing for confirmation thereof shall be held by June 30th of that same calendar year; if the same is past due as of December 1st of any calendar year, the hearing for confirmation thereof shall be held by December 30th of that same calendar year.

(Ord. No. 428, § 1.)

(a)

At the time and place fixed for receiving and considering the finance officer's report and assessment/lien list, the city council shall hear the same together with any protests or objections which may be raised or lodged by property owners or other interested persons. Upon the conclusion of such hearing, the city council shall make such corrections or modifications in any proposed costs which it may deem to be excessive or otherwise incorrect after which such costs shall be confirmed by resolution adopted by the city council. The city council may delete from the report and cancel any costs found improper or unjustified. The confirmation of the report and costs by the city council shall be final and conclusive.

(b)

Upon taking action under subsection (a), the city council may order that the costs of abatement be made a personal obligation of the property owner and either a nuisance abatement lien or a special assessment against the property.

(c)

If an action or proceeding is commenced to recover the costs, the prevailing party shall be entitled to recover reasonable attorneys' fees, provided that, pursuant to California Government Code Section

38773.5, attorneys' fees shall only be available where the city has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys' fees. In no 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.

(d)

A nuisance abatement lien may be recorded and enforced against the property pursuant to the provisions of California Government Code Section 38773.1. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. As part of the foreclosure action, the city may recover reasonable attorneys' fees and costs including, but not limited to, costs incurred for processing and recording the lien and providing notice to the property owner.

(e)

As an alternative to a nuisance abatement lien, the costs of abatement may be made a special assessment against the property. The special assessment may be collected at the same time and in the same manner as ordinary municipal taxes and shall be subject to the same penalties and procedures, including the sale of the property in case of delinquency, as provided for ordinary municipal taxes. The special assessment shall continue until the assessment and all interest and penalties due and payable thereon have been paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

(Ord. No. 428, § 1.)

(a)

It shall be permissible for any person to pay the amount of such assessment that has been imposed for nuisance abatement within fifteen days following the date of adoption of the city council resolution confirming the assessment/lien. If the assessment/lien is not paid on or before said date, the total amount thereof shall be entered on the next succeeding fiscal year's secured tax roll of Colusa County for that property, and the assessment shall thereupon become a lien against the property, and the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. The lien of the assessment shall have the priority of the taxes with which it is collected. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.

(b)

If the property is owned by a public agency of the local, state or federal government, the assessment shall not be entered on the county tax roll, but rather collected in the same manner as other unsecured obligations due and owing to the city.

(c)

Further, if the assessment is not paid within fifteen days following the date of adoption of the city council resolution confirming it, the city manager may prepare and cause to be recorded in the office of the county

recorder a notice of lien, which shall be in form approved by the city attorney, and from the time of recording the notice of lien, the amount of the assessment shall be and constitute a lien upon the property having the force and effect of a judgment lien until released and discharged, or otherwise extinguished in the manner provided by law. When the assessment is paid, the city manager shall promptly deliver to the person or persons entitled thereto a release of lien, which shall be in form approved by the city attorney, which may be recorded by such person or persons to extinguish the lien on the property. The city manager shall not record a notice of lien against property owned by a public agency of the local, state or federal government.

(Ord. No. 428, § 1.)

If any real property to which the lien provided for in Section 12B-18 would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide purchaser for value has been created and attaches thereon, prior to the date on which the first installment of such taxes levied for municipal purposes would become delinquent, then the lien which would otherwise be imposed by this chapter shall not attach to such real property, and the costs of abatement as confirmed relating to such property shall be transferred to the unsecured tax roll for collection. In such event, the city may notify the appropriate county officials that it will undertake collection of the amount owing from the property owner or owners at the time the abatement work was actually performed utilizing collection procedures applied with respect to other unsecured obligations due the city.

(Ord. No. 428, § 1.)

The validity of any costs, assessment or lien made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty days after the cost, assessment or lien is confirmed by the city council.

(Ord. No. 428, § 1.)