Compton Municipal Code § 24-9 Abandoned Residential Property Registration Program

[Ord. #2209]

This section shall be known as the "Abandoned Residential Property Registration Program" and may be so cited.

[Ord. #2209]

It is the intent and purpose of the City Council, through the adoption of this section, to establish a mechanism to protect residential neighborhoods from becoming blighted through the lack of maintenance and security of abandoned properties; to establish an abandoned property registration program to set forth directives for the maintenance of abandoned properties; and, to impose civil penalties for violation of same.

[Ord. #2209; amended 10-26-2021 by Ord. No. 2339]

For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directive.

ABANDONED

Shall mean any building, structure or real property that is vacant or occupied by a person without a legal right of occupancy, and subject to a current notice of default and/or notice of trustee's sale, pending Tax Assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale.

ABATEMENT NOTICE

Shall mean an enforcement officer's notice to abate a public nuisance.

ABATEMENT ORDER

Shall mean the Hearing Officer "Order to Abate" or written final order decision.

ACCESSIBLE PROPERTY

Shall mean real property that is accessible to the public, either, in general or through an open and/or unsecured door, window, gate, fence, wall, or the like.

ACCESSIBLE STRUCTURE

Shall mean a building or structure that is not secured or is open in such a way as to allow public or unauthorized access to the interior.

AGREEMENT

Shall mean any written instrument that transfers or conveys title to residential real property from one owner to another after a sale, trade, transfer or exchange.

ASSIGNMENT

Shall mean an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another.

BENEFICIARY

Shall mean a lender participating in a real property transaction that holds a secured interest in the real property in question identified in a deed of trust.

BUYER

Shall mean any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for real property via an "agreement" shall mean as that term is defined in this section.

DANGEROUS BUILDING

Shall mean any building or structure reasonably deemed by qualified City staff to represent a violation of any provision specified in Chapter 15 of this Code.

DAYS

Shall mean calendar days.

DEED IN LIEU OF FORECLOSURE

Shall mean a recorded instrument that transfers ownership of real property between parties to a particular deed of trust as follows: from the trustor, borrower, to the trustee upon consent of the beneficiary, lender.

DEED OF TRUST

Shall mean an instrument whereby an owner of real property, as trustor, transfers a secured interest in the real property in question to a third party trustee, said instrument relating to a loan issued in the context of a real property transaction. This definition applies to any and all subordinate deeds of trust, such as second trust deed, third trust deed, and the like.

DEFAULT

Shall mean the material breach of a legal or contractual duty arising from or relating to a deed of trust, such as a trustor's failure to make a payment when due.

DISTRESSED

Shall mean any building, structure or real property that is subject to a current notice of default and/or notice of trustee's sale, pending Tax Assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy or occupancy by a person with no legal right of occupancy.

ENFORCEMENT OFFICIAL

Shall mean the City Manager or his designee, the Building Official, the Municipal Law Enforcement Services Director, Public Works Director, and/or any employee or agent of the City designated and/or charged with enforcing the Compton Municipal Code, including but not limited to applicable codes adopted by reference therein.

EVIDENCE OF VACANCY

Shall mean any real property condition that independently, or in the context of the totality of circumstances relevant to that real property would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

FORECLOSURE

Shall mean the process by which real property subject to a deed of trust is sold to satisfy the debt of a defaulting trustor, borrower.

LEGAL OWNER

Shall mean any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property.

LOCAL

Shall mean within 40 driving miles of the building, structure or real property in question.

NEIGHBORHOOD STANDARD

Shall mean the condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard no abandoned or distressed building, structure or real property shall be considered.

NOTICE OF DEFAULT

Shall mean a recorded instrument that reflects and provides notice that a default has taken place with respect to a deed of trust, and that a beneficiary intends to proceed with a trustee's sale.

OUT OF AREA

Shall mean in excess of 40 road or driving miles of the subject property.

OWNER

Shall mean any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property.

OWNER OF RECORD

Shall mean the person holding recorded title to the real property in question at any point in time when official records are produced by the Los Angeles County Recorder's Office.

PROPERTY

Shall mean any unimproved or improved real property, or portion thereof, including but not limited to buildings or structures located on said real property, regardless of condition.

RESIDENTIAL BUILDING

Shall mean any improved real property, or portion thereof, designed or permitted to be used for dwelling purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "residential," shall mean whether or not said property is legally permitted and zoned for such use.

SECURING

Shall mean such measures as may be directed by an Enforcement Official that assist in rendering real property inaccessible to unauthorized persons, including but not limited to repairing fences and walls, chaining/pad locking gates, the repairing or boarding doors, windows or other openings.

TRUSTEE

Shall mean any person, partnership, association, corporation, fiduciary or other legal entity holding a deed of trust securing an interest in real property.

TRUSTOR

Shall mean any owner/borrower identified in a deed of trust, who transfers an interest in real property to a trustee as security for payment of a debt by that owner/trustor.

VACANT

Shall mean any building, structure or real property that is unoccupied or occupied by a person without a legal right of occupation.

VECTOR

Shall mean any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates

WEEDS

In excess of six inches shall mean all weeds growing upon streets, alleys, or sidewalks, or any of the following:

Weeds which bear or may bear seeds of a downy or wingy nature;

Weeds and indigenous grasses which may attain such large growth as to become, when dry; a fire menace to adjacent improved property;

Weeds which are otherwise noxious or dangerous; and

Poison oak, poison ivy and/or castor beans when the condition or growths are such as to constitute a menace to the public health.

[Ord. #2209]

The City Manager or his designee, the Building Official, the Municipal Law Enforcement Services Director, the Public Works Director and/or any employee or agent of the City designated and/or charged with enforcing the Compton Municipal Code, are authorized to administer and enforce the provisions of this section.

[Ord. #2209]

Within 10 days of a property transaction involving a change in the identity of an owner or the owner of record, or alternatively a transfer/assignment of a loan or deed of trust secured by residential property, each beneficiary and trustee engaged in said transaction or transfer/assignment shall record, via the Los Angeles County Recorder's Office, an assignment of rents, or similar instrument. This instrument shall reflect the identity, mailing address and telephone number of the trustee and beneficiary responsible for receiving payments associated with the loan or deed of trust in question. This duty/obligation shall be joint and several among and between all trustees and beneficiaries and their respective agents.

[Ord. #2209]

Each beneficiary and trustee, who holds a deed of trust on a property located within the City, shall perform an inspection of the property in question prior to recording a notice of default or similar instrument with the Los Angeles County Recorder's Office. If the property is found to be vacant or shows evidence of vacancy, as defined by this section, it is hereby deemed to be abandoned. One or more photographs shall be taken of the residential property accurately portraying the condition of the exterior of the premises. Photographs shall be dated and submitted to the Building and Safety Department upon registration of the property where applicable.

[Ord. #2209]

Each beneficiary and trustee shall perform a reinspection of the property subject to foreclosure proceedings at least once a month following the initial inspection until the property is no longer in default or is subject to the conditions outlined below in subsection 24-9.10b.

[Ord. #2209]

a. Timing of Registration. Registration of abandoned property shall be made within five business days from the inspection in accordance with subsection 24-9.6. The beneficiary and trustee shall register the property with the Building and Safety Department on specified forms.

b. Content of Registration. The registration shall include information identifying the location of the property, the last known owner(s) of the property, the identity of the beneficiary and trustee, the direct mailing address of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question.

c. Occupied Property. If the property is occupied but remains in default, it shall be inspected by the beneficiary/trustee, or an agent/designee of the beneficiary/trustee, on a monthly basis until:

1. The trustor or another party remedies the default; or

2. The foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or trustee; or

3. The property is found to be vacant or shows evidence of vacancy, at which time it is deemed abandoned. Hence the beneficiary/trustee shall within 10 days of that inspection register the property with the Building and Safety Department on forms provided by the City.

4. One or more photographs shall be taken at each reinspection and shall be dated and submitted to the Building and Safety Department within 10 days of the inspection in the same manner as is required upon initial inspection.

d. Registration Fee. An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the fiscal year, or remaining portion of the fiscal year in which the registration was initially required. Subsequent registrations and fees are due July 1st of each year. If the registration is received after July 31 of the same year, a late fee will be charged.

e. Foreclosure and Deed in Lieu of Foreclosure. This section shall also apply to properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure or sale.

f. Annual Registration Requirement. Properties subject to this section shall remain subject to the annual registration requirement, security and maintenance standards of this section as long as they remain vacant.

g. Report. Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this section must make a written report to the Building and Safety Department of any change of information contained in the registration within 10 days of the change.

h. Joint and Several. The duties/obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents.

[Ord. #2209; amended 10-26-2021 by Ord. No. 2339]

a. Public Nuisance. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in subsection 24-9.8, to cause, permit, or maintain any property condition contrary to any provision of this section. Consequently, the following maintenance requirements as to any property subject to the registration requirement contained in subsection 24-9.8 are adopted:

1. Chapters 14 and 15. Any property subject to this section must comply with the California Building Code and 14-3 (Dangerous and Substandard Residential Buildings).

2. Weeds and Rubbish. In addition to complying with Weed Abatement sections 8-11.8 (Owner to Maintain Property Free of Weeds and Rubbish) and 8-11.9 (Owner to Maintain Sidewalk and Parkway Free of Weeds and Rubbish), the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper, circular, flyers, notices (except those required by federal, state or local law), discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

3. Property Maintenance. Any property subject to this section shall not fall within the definition of a public nuisance in accordance with the Property Maintenance Standards Chapter, subsection 24-2.2 (Conditions Which Are Declared a Public Nuisance).

4. Graffiti. The property shall be maintained free of graffiti, tagging or similar markings. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure.

5. Landscaping. Visible front and side yards shall be landscaped and maintained to the neighborhood standard. Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor-outdoor carpet or any similar material.

6. Pools and spas shall be kept in working order so that water remains clear and free of pollutants, debris or from becoming a breeding place for vectors, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.

7. Covenants, Conditions and Restrictions. Adherence to this section does not relieve the beneficiary/trustee or property owner of obligations set forth in any covenants, conditions and restrictions and/or homeowners association rules and regulations which may apply to the property.

8. Joint and Several. The duties/obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents.

[Ord. #2209]

a. Secure Manner. Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows, securing means reglazing or boarding the window.

b. Property Management Company. If the property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

c. Twenty-Four-Hour Contact Information. The property shall be posted with the name and twenty-four-hour contact phone number of the local property management company. The posting shall be no less than 18 inches by 24 inches, shall be of a font that is legible from a distance of 45 feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY __________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)".

d. Posting. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or it may be secured to the exterior of the building/structure facing the street on the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting. The posting shall be in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with, weather resistant materials.

e. Weekly Inspections. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this section. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.

f. Joint and Several. The duties/obligations specified in this section shall be joint and several among and between all owners, trustees and beneficiaries and their respective agents.

[Ord. #2209]

In addition to the enforcement remedies established in this section, the City shall have the authority to require the beneficiary, trustee, legal owner or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including, but not limited to securing any and all doors, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to secure and reduce the visual decline of the property.

[Ord. #2209]

a. In accordance with Government Code Section 38773.5(b), the prevailing party in any proceeding conducted pursuant to this section and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding.

b. The recovery of attorneys' fees by the prevailing party is limited to those individual actions or proceedings in which the City elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys' fees.

c. An award of attorneys' fees to a prevailing party in an action or proceeding shall not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

[Ord. #2209]

a. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in subsection 24-9.8 and causes, permits, or maintains a violation of this section, as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $1,000, or by imprisonment in the County jail for six months, or by both such fine and imprisonment.

b. This section is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to the Compton Municipal Code. Above and beyond the violation and penalty specified in this section, the City Attorney or a duly authorized enforcement official may pursue any other right or remedy permitted by the Compton Municipal Code, including but not limited to commencement of any civil action, or administrative action. Civil penalties may also be sought in accordance with the applicable provisions of the Civil and Penal Codes of the State of California.

[Ord. #2209]

a. Civil Fine. The City may impose a civil fine of up to $1,000 per day for a violation of this section in accordance with California Civil Code Section 2929.3. The fine will be imposed upon the legal owner (including beneficiaries, trustees and/or record owner) who purchased the property at a foreclosure sale or acquired it through foreclosure under a mortgage or deed of trust.

b. Abatement Notice Requirements. If the City elects to impose a fine pursuant to this section, it shall give notice of the alleged violation which shall include:

1. A description of the conditions that gave rise to the allegation;

2. Notice of the City's intent to assess a civil fine if action to correct the violation is not commenced within 14 days from the date of the notice and completed within 30 days from the date of the notice;

3. City's Right to Abate; a statement that, if the conditions which constitute the nuisance are not abated by the legal owner within the time specified, the City shall have the right to abate such conditions with the cost, thereof, to be assessed against the owner of the property;

4. Legal Owner's Right to Request Hearing. A statement that the legal owner has the right to request a hearing before a Hearing Officer, and that such request must be made in writing and must be made within 15 calendar days from the date of service of the Abatement Notice; and

5. Mailing Address for Notice. The notice shall be mailed to the address provided in the deed or other instrument. Every deed or instrument executed to convey fee title to real property shall have noted across the bottom of the first page thereof the name and address to which future tax statements may be mailed in accordance with California Government Code Section 27321.5. If there is no address listed, the notice shall be sent to the return address provided on the deed or other instrument. In addition to service by mail, the notice may also be served by personal delivery in accordance with subsection 24-9.16.

c. Not Less Than 30 Days to Remedy Violation. The City shall provide a period of not less than 30 days for the legal owner to remedy the violation prior to imposing a civil fine. In determining the amount of the fine, the City shall take into consideration any timely and good faith efforts by the legal owner to remedy the violation.

d. Maximum Civil Fine; the maximum civil fine authorized by this section is $1,000 for each day that the owner fails to maintain the property. This commences on the day following the expiration of the period to remedy the violation established by the City. This date would be specified in the notice.

[Ord. #2209]

The City may provide less than 30 days' notice to remedy the condition before imposing a civil fine, if it is determined that a specific condition of the property threatens the imminent public health or safety, provided that notice of that determination is given and time for compliance is given.

[Ord. #2209]

a. The written notice shall be served upon the legal owner of the property upon which the nuisance exists, at least 35 calendar days before the abatement deadline date specified in said notice.

b. The written notice shall be served by mailing to the address provided in the deed or other instrument in accordance with subsection 24-9.14b5 by United States Mail, postage prepaid, as certified, first class mail, return receipt requested. In addition, the notice may also be served by personal delivery upon the legal owner.

c. The failure of the legal owner to receive such notice shall not affect the power of the City or its officers or employees to proceed as provided in this section.

d. Proof of service of the notice shall be certified by written declaration under penalty of perjury executed by the person effecting service. It shall declare 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. #2209]

If the owner's address is unavailable, such service may be made by posting the notice in a conspicuous place either upon or in front of the property of which the nuisance exists, as follows:

a. One notice shall be posted on or in front of each separately owned parcel;

b. Not more than two notices to any such parcel of 50 feet to 100 feet frontage are required; and

c. Notices shall be placed at intervals of not more than 100 feet if the frontage of a parcel is greater than 100 feet, with one notice for each 100 feet of frontage.

[Ord. #2209]

The legal owner shall abate the public nuisance within 30 calendar days from the date of service of the abatement notice.

[Ord. #2209]

Fines collected from enforcement of Section 24-9 et seq. will be placed in the general fund and used for the purposes of enhancing the Code Enforcement Program.

[Ord. #2209]

Any person aggrieved by any of the requirements of this section may appeal a determination made hereunder in the manner set forth below.

[Ord. #2209]

a. After the written notice has been served, it shall be the duty of the legal owner to whom the notice has been directed, to abate such nuisance within the time specified by the notice. However, within 15 days of being served with this notice, the owner or occupant may request a hearing before a Hearing Officer.

b. The request must be made in writing, and must set forth the reasons why the abatement is not necessary. The request must be made within 15 calendar days from the date of service of the abatement notice and filed by delivering the request to the Building and Safety Department.

c. The appeal hearing shall be set not less than 15 calendar days and not more than 30 calendar days from the date the legal owner filed a request for a hearing with the Building and Safety Department.

[Ord. #2209]

a. Upon receipt of a timely, written request for a hearing, the Building Official shall serve on the legal owner, who has appealed, a copy of the notice of hearing by certified mail. In addition to certified mail, the notice may also be served by personal service. The appeal hearing notice shall be served at least 10 calendar days before the hearing. Service shall be completed in the same manner as set forth in subsection 24-9.16b through d.

b. The failure of any person to receive such notice shall not affect the validity of any proceedings under this section.

[Ord. #2209]

a. At the time stated in the notice, the Hearing Officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, including City personnel, and interested persons relative to the alleged public nuisance and to the proposed abatement of the premises. The hearing may be continued from time to time without further notice.

b. Upon conclusion of the hearing, the Hearing Officer shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in subsection 24-9.9. If the Hearing Officer finds that a public nuisance does exist, it shall determine how the nuisance is to be abated and shall establish a time, not to exceed 10 calendar days, within which abatement shall take place. In the event the owner fails to correct the nuisance within the time prescribed, the City shall cause the nuisance to be abated. The cost incurred by the City, including incidental enforcement costs, plus any prescribed penalties, shall become a lien upon the property.

c. A copy of the Hearing Officer's determination, noted as the Abatement Order, shall be served by mail upon the owner of the affected property. The service shall be in accordance with subsection 24-9.16.

d. The decision of the Hearing Officer is final. The appellant may seek judicial review of the Hearing Officers determination.

e. Failure to attend the appeal hearing by the person appealing shall constitute a waiver of his or her rights to an appeal hearing. It shall also constitute an adjudication of the abatement notice, or any portion of the notice.

[Ord. #2209]

Once the Hearing Officer determines that a public nuisance exists, he shall issue an Abatement Order upon those who have submitted written requests for a hearing. The order shall state that unless the nuisance is abated within 10 calendar days from the date of mailing, the designated enforcement official or his designee will abate the nuisance and will, if necessary, enter onto private property of said person without further notice in order to abate the nuisance.

[Ord. #2209]

The Abatement Order shall be served in the same manner as set forth in subsection 24-9.16.

[Ord. #2209]

In the event the nuisance is not abated by the time specified in either the abatement notice or the Abatement Order after a hearing is held, then the designated enforcement official or his designee may enter onto any private property and abate any nuisance found on or in front of the property.

[Ord. #2209]

Any legal owner of real property who causes, maintains or permits a public nuisance to continue on his property after such person is given written notice to abate the nuisance, and such continuation goes beyond the time set for such abatement in the written notice, shall be liable to the City for the expenses incurred in detecting, investigating, abating the violation and the costs of monitoring compliance. If the owner fails to reimburse City within 30 calendar days from the date of billing, the City may recover such costs by either; instituting a civil action, imposing a nuisance abatement lien or by a special assessment or any other remedy available under the law.

[Ord. #2209]

The Building Official shall, after abating the nuisance, compute all expenses, so incurred by the City in connection therewith, including the applicable processing fees and all incidental enforcement costs plus any prescribed penalties. All expenses may be charged as a lien against the property on which the nuisance existed.

[Ord. #2209]

The Building Official, upon completion of abatement under the direction of the City, shall prepare an Abatement Cost Report which provides an accounting of the costs, including incidental expenses, incurred as a result of abating the public nuisance. The Abatement Cost Report shall itemize all costs associated with the abatement as well as:

a. A description of the real property where the abatement activity took place;

b. The names and addresses of the persons entitled to receive notice;

c. A description of the work completed;

d. Notice of the opportunity to appeal the amount and the reasonableness of the abatement costs; and

e. Notice of the manner in which the City intends to collect the final and approved abatement costs including, but not limited to special assessment against the property.

[Ord. #2209]

On a periodic basis, as determined by the Building Official, the original Abatement Cost Report shall be filed with the City Clerk. It will reference those properties which the owner has not fully reimbursed the City within 30 calendar days from the date of billing.

[Ord. #2209]

a. The City Clerk shall post a copy of the Abatement Cost Report, assessment list, notice of the filing of the report and the time and place where said documents will be submitted to the City Council for confirmation and hearing.

b. Said documents shall be posted on the bulletin board adjacent to the entrance to City Hall notifying property owners of the time and location of the hearing at which they may be heard.

c. The posting and first publication of said notice shall be made and completed at least 15 days before the time such report shall be submitted to the Council. Such notice, as so posted and published, shall be substantially in the following form:

d. A similar notice shall also be published twice in a newspaper of general circulation which is published and circulated within the City.

[Ord. #2209]

a. Abatement Costs Assessed Against Owner. The City Clerk shall also mail a notice to each property owner identified in the report at the address as set forth in subsection 24-9.14b5. Said notice shall provide a description of the real property at which the work was performed, the nature of the work performed, and the expenses incurred by the City in performing the work and shall notify the owner that said costs shall be assessed against the owner of the property.

b. Time and Location of Hearing. The notice shall also specify the time and location where the proposed assessment will be presented to the City Council for hearing and confirmation. The notice shall be mailed at least 10 calendar days prior to the date of the hearing.

[Ord. #2209]

a. Public Hearing Before City Council. At the time and place fixed for hearing and confirming the proposed assessments, the City Council shall hear the same. The Building Official shall attend the hearing with a record of all the abatement costs.

b. Proposed Assessment May Be Modified. At the hearing, the City Council may correct, modify or eliminate any proposed assessment which it may deem excessive or otherwise incorrect. Thereafter, by resolution, the Council shall confirm each assessment and the amount, as proposed or as corrected and modified.

c. Assessment Made Personal Obligation. The 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.

[Ord. #2209]

If the Council orders that the abatement costs be deemed a nuisance abatement lien, the same may be recorded and enforced against the property pursuant to the provisions of California Government Code Section 38773.1.

[Ord. #2209]

a. As an alternative to a nuisance abatement lien, in accordance with California Government Code Section 38773.5, the costs of abatement may be made a special assessment against the property. Once the special assessment is recorded in the Office of the County Recorder, it shall constitute a lien on the property for the amount of the special assessment and a lien will attach against the property until the assessment, and all interest and penalties due and payable have been paid.

b. The special assessment and lien shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City.

[Ord. #2209]

Notice shall be given to the property owner at the time of imposing the assessment and shall specify that the property may be sold after three years by the Tax Collector for unpaid delinquent taxes. The Tax Collector's power of sale shall not be affected by the failure of the property owner to receive notice.

[Ord. #2209]

After confirmation of the report, the City Clerk shall submit a certified copy of the report to the County Auditor Controller. The County Auditor Controller shall enter each assessment on the County Tax Roll opposite the parcel of land. The amount of the assessment shall be collected at the same time and in the same manner as general municipal taxes. The assessment shall be subject to the same interest and penalties and same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection, and enforcement of City taxes are hereby made applicable to such special assessments.

[Ord. #2209]

Final abatement costs shall be deemed a civil debt owing to the City and may be deemed a personal obligation of the legal owner by the City Council. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any delinquent or unpaid abatement costs. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by the Municipal Code or by law.

[Ord. #2209]

The fee for a) registering; b) reregistering and c) late payment of the registration fee for an abandoned property shall be set, from time to time, by resolution of the City Council.