Elk Grove Municipal Code Art. VI Recovery of Cost of Abatement

A. When proceedings under this chapter result in the correction of a violation of this chapter or in a final determination that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of this chapter, the costs of such proceedings incurred by the City may be assessed against the property. Such costs may include, but are not limited to, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.

B. The Administrator shall keep an account of the administrative and other costs of abatement, and shall submit to the City Council for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the City Clerk of the City Council not later than fifteen (15) days in advance of the confirmation hearing required below.

C. Upon receipt of the report, the City Clerk of the City Council shall schedule a public hearing to receive protests and confirm the report. A statement of the proposed assessment and notice of the time, date and place of the hearing, together with reference to the report on file with the City Clerk, shall be mailed to the owner or owners of each parcel of property proposed to be assessed shown on the last equalized assessment roll available on the date of mailing of the notice or any other address or addresses ascertained to be more accurate. Such notice shall be mailed not later than fifteen (15) days in advance of the hearing. Notice of the time, date and place of the public hearing by the City Council shall be published once (1) in a newspaper of general circulation of the City. With respect to each property proposed to be assessed for which the name of the owner or owners is not shown on the last equalized assessment roll or no address for an owner is shown on the last equalized assessment roll, the notice shall show the name or names of the owner or owners, if such name or names are shown on the last equalized assessment roll, the assessor’s parcel number, the street address of the property, if the property has an address and the address is known to the Administrator, the name of the street or road upon which such property abuts, if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report on file with the City Clerk. Such publication shall be made not later than fifteen (15) days in advance of the hearing.

D. At the time fixed for receiving and considering the report, the City Council shall conduct a public hearing and shall receive and consider any objections from members of the general public or property owners liable to be assessed for the abatement. Written protests or objections shall specify the date, hour and description of the subject property under hearing. The City Council may continue the hearing and delegate to the City Manager or his designee the responsibility of hearing individual protests and submitting a recommendation with respect thereto; provided, that the City Council provides an opportunity for individual consideration of each project upon receipt of the recommendation by the City Manager or his designee. The City Council may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A. If the costs as confirmed are not paid within thirty (30) days of the date of mailing of the notice or date of publication pursuant to EGMC Section 15.12.500, such costs shall be assessed against the parcel of land pursuant to Section 38773.1 of the Government Code, and shall be transmitted to the Tax Collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.

B. If subsequent to the mailing of the notice of noncompliance and prior to transmittal of the notice of unpaid costs to the Tax Collector for collection as set forth in subsection (A) of this section, the property subject to the notice of noncompliance is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice of noncompliance was placed in the United States postal system or posted on the property.

C. In addition to assessing the unpaid costs as provided in subsection (A) of this section, the Tax Collector or his designated representative may pursue any remedy provided by law for collection of the unpaid costs.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 3, eff. 3-25-2011)

Pursuant to Section 25845.5 of the Government Code, upon entry of a second (2nd) or subsequent civil or criminal judgment within a two (2) year period finding that an owner is responsible for a condition in violation of this chapter that may be abated pursuant to Section 25845 of the Government Code, a court may order the owner to pay treble the costs of abatement.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the Administrator together with any such protests or objections. The City Council may make such revision, correction or modification of the report or the charge as it may deem just; and in the event the City Council is satisfied with correctness of the charge, the report of the Administrator (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the City Council on the report and the charge and on all objections or protests shall be final and conclusive.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

Where the charge to be made is the result of summary abatement pursuant to EGMC Section 15.12.460(C), the City Council may determine whether or not the action to abate was proper, and may confirm the charge or not as it may deem proper.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is ordered to be placed upon the assessment roll as provided herein.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A certified copy of the assessment shall be filed with the County Auditor/Controller on or before August 1st. The descriptions of the parcels reported shall be those used for the same parcels on the map books of the Sacramento County Assessor for the current year.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)