El Centro Municipal Code Div. 3 Cost Recovery Procedure

Footnotes:

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Editor's note— Ord. No. 21-01, § 2, adopted Feb. 16, 2021, repealed the former Div. 3, §§ 18-65—18-70, and enacted a new Div. 3 as set out herein. The former Div. 3 pertained to similar subject matter and derived from Ord. No. 90-9, § 3; Ord. No. 99-8, §§ 7—9, adopted Dec. 1, 1999; Ord. No. 13-12, §§ 6—8, adopted April 2, 2013.

(a) Pursuant to Government Code sections 38773, 38773.1 and 38773.5, the city may recover its costs and expenses, including but not limited to attorney fees as provided in this division, specifically including but not limited to those for summary abatement. All such costs shall be included in an "itemized statement of costs." The applicable abatement official including, without limitation, the fire code official, the community development director or designee, code enforcement officer, police department representative, public works official and city attorney shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where work is performed by the city or private contractor. An "itemized statement of costs" be the basis for collection of such costs and shall be provided to the council and property owners at the same time as the city seeks a special assignment, an abatement lien or pursues other cost recovery, including making such costs a personal obligation of the property owner.

(b) Such costs shall include, but are not limited to, all costs of abatement, including rehabilitation, demolition or repair of said property, including any salvage value relating thereto. In addition, such costs include the recovery of reasonable attorney's fees incurred by the city as the prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance where the city has chosen to recover its attorney's fees.

(c) Attorney's fees may include, but are not limited to, those for summary abatement may be collected as either a special assessment or abatement lien constitute a lien against the property to which it relates and that all such costs be made a personal obligation against the property owner.

(Ord. No. 21-01, § 2, 2-16-21)

(a) Notice shall be provided prior to the recordation of the lien to the owner of record of the parcel of land or which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. Such notice shall include the itemized statement of costs and the time and date of a hearing before the city council regarding the recovery of such costs. Such hearing shall be at least ten (10) calendar days from the date of the notice.

(b) The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. 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 (10) days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062.

(c) Upon the conclusion of the hearing and approval of the lien by the city council, a nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

(d) A nuisance abatement lien shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

(e) In the event that the lien is discharged, release, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the government agency. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

(f) A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

(g) A city may recover from the property owner any costs incurred regarding the process and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(h) A local agency that has imposed an assessment pursuant to this section may, subject to the requirements applicable to the sale of the property pursuant to Section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.

(Ord. No. 21-01, § 2, 2-16-21)

(a) Alternatively, the city may recover its costs and expenses, including but not limited to attorney's fees by a special assessment against the property.

(b) Notice of the proposed special assessment and a hearing regarding such assessment before the city council shall be given, by certified mail, to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records.

(c) The notice shall be given at least ten (10) calendar days before the date of the hearing and shall include the itemized statement of costs. The notice further shall specify that the property may be sold after three (3) years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.

(d) Upon approval by the city council, the special assessment may be recorded against the property to 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.

(e) If any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer 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 cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(f) A local agency that has imposed an assessment pursuant to this section 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 that assessment is delinquent.

(Ord. No. 21-01, § 2, 2-16-21)