Del Rey Oaks Municipal Code Art. 5 Uniform Lien and Special Assessment Procedures

Whenever the amount of any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the City in connection with real property has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, such obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.

(Ord. No. 291, § 3, 11-28-2017)

A. There is hereby established the following procedure for collection of any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the City in connection with real property, by recordation of a lien against the subject real property.

B. Upon determination by the City Manager or his or her designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the City has not been satisfied in full within 90 days and/or not been successfully challenged by a timely writ of mandate, the City Manager or his designee shall recommend that the City Council adopt a resolution confirming imposition of the debt and approving the filing of a lien against the subject real property.

C. The resolution shall state the amounts due and owing, the name of the agency imposing the lien (the City of Del Rey Oaks), the date of the order or other notice describing the property violation or nuisance in question, the street address, legal description and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property.

D. A copy of the resolution shall be served on the property owner, along with notice to the property owner that a lien in the amounts stated in the resolution will be filed against the subject property in the Monterey County Recorder's Office.

E. The notice set forth in subsection (D) above shall be served in the same manner as summons in a civil action in accordance with Code of Civil Procedure § 415.10 et seq. 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 Monterey County.

F. Following proper notice to the owner of record as provided in subsection (E) above, the resolution and notice shall be recorded as a lien with the County Recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the provisions of Sections 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.

G. Interest at the legal rate per year shall accrue on the principal amount of the lien until satisfied pursuant to law.

H. A lien pursuant to this section may be foreclosed by an action brought by the City for a money judgment.

(Ord. No. 291, § 3, 11-28-2017)

A. As an alternative to the procedure authorized by Section 1.19.390 above, there is hereby established a procedure for making any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the City in connection with real property, a special assessment against the subject real property.

B. Upon determination by the City Manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the City have not been satisfied in full within 90 days and/or not been successfully challenged by a timely writ of mandate, the City Manager or his designee shall recommend that the City Council adopt a resolution confirming imposition of the debt and approving the filing of a special assessment against the subject real property.

C. The resolution shall state the amounts due and owing, the name of the agency imposing the special assessment (the City of Del Rey Oaks), the date of the order or other notice describing the property violation or nuisance in question, the street address, legal description and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property.

D. A copy of the resolution shall be served on the property owner, along with notice that the property may be sold after three years by the tax collector for unpaid delinquent assessments. Such notice shall be served by certified mail to the property owner. 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 Monterey County. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.

E. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

F. Interest shall accrue on the principal amount of the assessment until satisfied pursuant to law.

G. The City may, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.

H. The resolution adopted by the City Council under this section shall be entitled to recordation.

(Ord. No. 291, § 3, 11-28-2017)

Once payment in full is received by the City for an outstanding debt, the City shall:

A. With respect to a lien, either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the county recorder. Such notice of satisfaction shall cancel the City's lien; or

B. With respect to a special assessment, provide written notice to the tax collector that the special assessment amount has been paid in full and should no longer be imposed against the subject property. Such written notice shall cancel the City's special assessment.

(Ord. No. 291, § 3, 11-28-2017)