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

A. Costs. When proceedings under this code result in the correction of a violation of this code or in a final judgment that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of Elk Grove Municipal Code, all costs of such proceedings and abatement incurred by the City may be assessed against the property. Such costs may include, but not by way of limitation, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing and defending challenges to decisions or actions 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. Attorneys’ Fees. Pursuant to Section 38773.1 of the Government Code, attorneys’ fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall 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.

C. Accounting of Abatement Costs. The Building Official 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 not later than fifteen (15) days in advance of the confirmation hearing required below.

D. Clerk to Schedule Public Hearing to Confirm Report of Costs. Upon receipt of the report of costs, the City Clerk shall schedule a public hearing to receive protests and confirm the report.

E. Notice of Public Hearing to Confirm Report of Costs. Notice of the time, date and place of the hearing proposed assessment, together with reference to the report on file with the Clerk, shall be given to the 1) owner or owners as shown on the last equalized assessment roll available on the date of mailing of the notice, and to 2) each party in interest of each parcel of property proposed to be assessed.

F. Time for Giving Notice. Such notice shall be served not later than fifteen (15) days in advance of the hearing.

G. Service of Notice.

1. Owner. Notice to the owner or owners of each property proposed to be assessed, shall be served by mail addressed to the owner at the address shown on the last equalized assessment roll, or any other address or addresses ascertained to be more accurate. If no address or owner is shown on the last equalized assessment roll, then notice shall be given by publication in a paper of general circulation within the City. Notice shall also be posted on the property. The notice published in a newspaper of general circulation shall show the name or names of the owner or owners if known, the assessor’s parcel number, the street address of the property, if the property has an address and the address is known to the Building Official, 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 of costs on file with the Clerk. Such publication shall be made not later than fifteen (15) days in advance of the hearing.

2. Party in Interest. Notice to each party in interest of each property proposed to be assessed, shall be served by mail addressed to the party in interest at the address shown on the instrument of record creating such interest in the property, or any other address or addresses ascertained to be more accurate. If no address for such party in interest is known, then notice shall be given by publication in a paper of general circulation within the City. The notice published in a newspaper of general circulation shall conform to the requirements set forth in EGMC Section 16.22.500(F)(1).

3. Public. 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 published within the City. Such publication shall be made not later than fifteen (15) days in advance of the hearing.

4. Service Effective. Service shall be complete and effective as of the date of mailing or publication, as may be appropriate, as herein provided. The failure of any person to receive such notice shall not affect the validity of any proceedings taken pursuant to this section.

H. Proof of Service. Proof of service by mail shall be effected in the manner set forth in EGMC Section 16.22.403(B). Proof of service by publication shall be certified by written declaration under penalty of perjury executed by the person authorized to so by the newspaper of general circulation declaring the date the notice was published by a newspaper of general circulation within the City, and a copy of the published notice shall be affixed to such declaration.

I. Protests. Protest or objection to all or part of the report of costs may be in writing or may be given orally at the hearing for confirmation of the report of costs. Written protests or objections to all or part of the report of costs shall specify the hearing date, hour and description of the subject property.

J. Public Hearing by City Council – Confirmation of Costs. Upon the day and hour fixed in the notice the City Council shall conduct a public hearing to consider and pass upon the report of costs, together with any such protests or objections thereto. 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 (as submitted or as revised, corrected or modified) shall be confirmed or rejected by motion or resolution. The City Council may continue the hearing and delegate to the City Manager, or his designee, the responsibility of hearing individual protests and objections, and submitting a recommendation with respect thereto; provided, that the City Council provides an opportunity for individual consideration of each protest or objection upon receipt of the recommendation by the City Manager or his designee. The decision of the City Council on the report of costs and on all objections or protests shall be final and conclusive.

1. Personal Obligation. If, after the hearing at which each owner shall have the opportunity to address the issue, the City Council orders the charge to be a personal obligation of each owner of the property involved, then it shall direct the Finance Department to collect the amount of the charge on behalf of the City of Elk Grove by use of all appropriate legal remedies.

2. Special Assessment. If, after the hearing at which each owner shall have the opportunity to address the issue, the City Council orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien on the property.

K. Service of Confirmed Report of Costs. Promptly following confirmation of the report by the City Council, the City Clerk shall serve upon the owner or owners, and all parties in interest, a copy of the confirmed report of costs. The confirmed report of assessment shall include the following items: 1) the amount of the confirmed costs, 2) demand that the same be paid in full to the City within thirty (30) days from the date of service, and 3) a statement that failure to receive payment within the time allotted shall result in the costs either becoming a personal obligation of the owner or the recording of a special assessment lien against the subject property. Service of the confirmed report of costs shall be effected in the same manner as service of the notice of hearing as set forth in this section.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 2, eff. 3-25-2011)

A. Costs Liened If Not Paid within Thirty (30) Days. If the costs as confirmed have not been received by the City within thirty (30) days of the date notice thereof is effective, and the City Council has ordered that such costs be assessed against the property, the costs shall be assessed against the parcel of land, as authorized by Section 38773.1 of the Government Code, and a notice of abatement lien may be recorded against the subject property and notice thereof shall be transmitted to the tax collector. Collection of the special assessment shall be in the same manner as ordinary County taxes, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of County taxes are applicable to the special assessment.

B. Transfer to Bona Fide Purchaser. If, subsequent to the service of the notice and order, and prior to notice being given to the tax collector for collection as set forth in subsection (A) of this section, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser for value, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States postal system or posted on the property, whichever is later.

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

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 2, 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 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. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

Where the charge to be made is the result of summary abatement pursuant to EGMC Section 16.22.402, the City Council may determine whether or not the action to abate was proper, and may confirm the report of cost or not as it may deem proper. Such determination shall be final and conclusive.

(Ord. 11-2008 § 4, eff. 6-13-2008; 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. 11-2008 § 4, eff. 6-13-2008; 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. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)