Fairfield Municipal Code Art. IX Recovery of Cost of Abatement

(1) The city shall keep an account of on-site property inspections.

(2) The city shall mail to the owner of the property, and other persons described in sec. 27.504, a statement including all costs. “Costs” shall include: inspections of the property, the cost of preparing notices, discussing violations with property owners, preparing specifications and contracts, inspecting work, and mailing and printing documents. The City Council will adopt a reimbursement table by resolution.

(3) After the first Preliminary Notice of Violation is issued a re-inspection will be conducted, if at that time the owner fails to comply and correct the violation a second re-inspection will be conducted. A second and all subsequent inspections/notices will incur administrative costs per City Council resolution.

(4) The city shall keep an itemized account of the costs involved in abating the nuisance. The city shall post conspicuously on the property and shall also mail to the owner of the property, and other persons described in sec. 27.504, a statement including:

(a) What abatement action has been taken;

(b) An itemization of removal, repair, administrative and other costs incurred;

(c) That the total costs incurred are due and payable within thirty (30) days from the date of this notice;

(d) That the person responsible for paying the costs may request of the Director of Finance (who shall not unreasonably withhold his consent), an additional period of time to pay the costs up to one hundred and twenty (120) days;

(e) That if the owner fails to make payment within thirty (30) days from the date of this notice or within the time extended by agreement with the Finance Director, the amount will be charged to the owner on the next regular tax bill and recorded as a lien against the property.

(Ord. No. 2008-04, § 10)

If the property owner does not pay the cost of abating the nuisance within thirty (30) days after the Council confirms the cost of abatement, the cost may be collected as a special assessment against the real property as authorized by Government Code Section 38773.5. The cost of abatement, along with any costs incurred by the City for processing and/or recording the assessment shall be collected at the same time and in the same manner as ad valorem real property taxes are collected on said property and shall be subject to the same penalties and interest and the same procedure for sale in the case of delinquency as provided for said taxes.

All laws and ordinances applicable to the levy, collection, and enforcement of said taxes are hereby made applicable to such special assessment.

(Ord. 98-1, § 3)

When a special assessment is charged against property as provided in this chapter, the city shall file in the office of the county recorder a certificate substantially in the following form:

The city shall file with the county auditor a certified copy of the notice of special assessment, a brief description of the abatement action taken and a request that the charges be added to the tax rolls and collected at the same time and in the same manner as ordinary municipal taxes. These documents shall be filed on or before the August 10th which follows the close of the tax year in which the abatement action was taken.

As an alternative to imposing the cost of abatement as a special assessment, the City may impose the cost of abatement as a lien on the real property pursuant to Government Code Section 38773.1.

(a) Notice: Notice shall be given in writing and shall be served by personal service or by certified mail, postage prepaid and return receipt requested, addressed to the party to whom said notice is to be given as his or her address appears on the last equalized assessment roll of the County of Solano, California, or as is known to the City of Fairfield. If said address cannot be ascertained from said assessment rollor is not known to the City of Fairfield, a copy shall be mailed to the party to whom said notice is to be given addressed c/o General Delivery, Fairfield, California AND at least one copy of said notice shall be posted in a conspicuous place upon the real property which constitutes said nuisance or on which said nuisance is located. The person giving notice on behalf of the City of Fairfield shall file with the City Manager an affidavit of service of mailing or posting of said notice.

(b) Specifications: Lien shall specify the amount of the lien, name of the agency on whose behalf the lien is imposed, the date of the abatement order, street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and name and address of the recorded owner of the parcel.

(c) Notice of Discharge: In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge shall be recorded by the City of Fairfield. A lien and the release of the lien shall be indexed in the grantor-grantee index.

(d) Foreclosure of Lien: A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

(e) Reimbursement of Costs: City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(Ord. No. 98-1, § 4)

As an alternative to imposing the cost of abatement as a special assessment or as a lien, the City may request that the City Attorney institute an action in any court of competent jurisdiction against persons owning, possessing or controlling the land on which the nuisance was located or against persons who created, caused, committed or maintained said nuisance as long as said persons were named in and given notice of the abatement action, for the cost of abatement thereof as a personal obligation.

(Ord. No. 98-1, § 5)

In any action or administrative proceeding under this chapter, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, but only if the City elects in writing, at the initiation of the action or proceeding, to seek recovery of its own attorneys’ fees. In no event 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.

(Ord. 2002-28, § 1.)