Daly City Municipal Code Art. IV Liens and Cost Recovery

A. Whenever:

1. The amount of any administrative penalty and/or administrative cost imposed by the administrative appeal board pursuant to this chapter in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely appeal to the city council; or

2. Any cost of abatement, demolition, costs of securing real property and/or costs imposed by means of the city council as a result of the abatement and/or demolition proceedings of Article III have not been satisfied in full within ninety days of issuance of a cost report by the city clerk for such abatement/demolition proceedings; then these obligations may constitute a lien against the real property on which the violation occurred.

B. The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administrative order or abatement cost report shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

C. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

D. Prior to recording any such lien, city staff shall prepare and file with the city clerk, a report stating the amounts due and owing. For abatement and/or demolition proceedings of Article III, such report shall be the cost report prepared by the city manager or his or her designee.

E. The city clerk shall fix a time, date and place for hearing said report and any protests or objections thereto by city council.

F. The city manager or his or her designee shall cause written notice to be served on the property owner not less than ten days prior to the time set for the hearing. Such notice shall be served as provided earlier in this chapter.

(Ord. 1196 § 2 (part), 1994)

A. Any person whose real property is subject to a lien pursuant to this article may file a written protest with the city clerk and/or may protest orally at the city council meeting.

B. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

C. The city council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien.

(Ord. 1196 § 2 (part), 1994)

Thirty days following the adoption of a resolution by the city council imposing a lien, the city clerk shall file the same as a judgment lien in the office of the county recorder of San Mateo County, California. The lien may carry such additional administrative charges as set forth by resolution of the city council.

(Ord. 1196 § 2 (part), 1994)

Once payment in full is received by the city for outstanding penalties and costs the city shall either record a notice of satisfaction or provide the property owner or financial institution with the notice of satisfaction so they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the city's lien.

(Ord. 1196 § 2 (part), 1994)

All costs associated with abatement and/or demolition proceedings of Article III, or as a result of the administrative appeal processes of Article II, which are not satisfied through the procedures of the above sections shall be collected on behalf of the city by the city attorney using the appropriate legal remedies.

(Ord. 1279 § 7, 2000: Ord. 1196 § 2 (part), 1994)

A. The city has the authority to make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel, in accordance with Government Code Section 38773.5. The total cost for abating a nuisance shall constitute a special assessment against the premises to which it relates, and upon recordation in the office of the San Mateo County Recorder of a Notice of lien, shall constitute a lien on the property for the amount of such assessment.

B. After such recordation, a copy of the lien shall be submitted to the San Mateo County Tax Assessor, who shall then enter the amount of the lien on the assessment rolls as a special assessment.

C. Thereafter, said amount 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 procedures, including the sale of the property, in case of delinquency, as provided by Government Code section 38773.5. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessment.

(Ord. No. 1340, § 1, 9-8-08)

A. Attorney Fees. Under Government Code Section 38773.5, in any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party will be entitled to recover attorney's fees, provided that attorney's fees will be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding, may 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.

B. Order for Treble Costs. Under Government Code Section 38773.7, in addition to any other costs of abatement permitted under this chapter, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner or other responsible person is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to California Health and Safety Code Section 17980, the city may seek and the court may order the property or other responsible person to pay treble the costs of the abatement.

(Ord. No. 1488, § 1, 3-9-2026)