Fresno Municipal Code Art. 5 Cost and Penalty Recovery

This article shall be known as the "Cost and Penalty Recovery Ordinance."

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

The Council finds that substantial public resources are spent each year to enforce the Code and State laws enacted to protect the public health, safety and welfare. The Council finds that the responsibility of these costs should be properly placed on those persons responsible for violating the Code or State laws and or causing public nuisances. The Council further finds that the recovery of costs incurred by the city to enforce these laws and to collect penalties issued to those persons causing public nuisances and or violating these laws is important in deterring future violations and maintaining the integrity of the city's code enforcement system. The purpose of this article is to provide a means for the City of Fresno under its charter city authority and other State law authority to recover these costs and penalties from those persons responsible for creating, causing, committing or maintaining a public nuisance or Code or State law violation.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2003-66, § 1, eff. 8-23-03; Am. Ord. 2005-14, §§ 2—5, 50, 51, eff. 4-9-05; Am. Ord. 2005-22, § 4, eff. 4-16-05; Am. Ord. 2005-101, § 3, eff. 10-29-05; Am. Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.

(a) "Abatement Costs" means all actual and reasonable costs incurred by the city to abate a public nuisance. These costs shall include all direct and indirect costs to the city that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the Code or State law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative hearings, and costs to conduct actual abatement of the nuisance. Examples of abatement costs include, but are not limited to, staff costs to prepare and issue a notice of violation or a citation, fire suppression costs, costs to prepare a hearing packet, administrative overhead costs, costs for equipment, such as cameras and vehicles, staff time to hire a contractor to remove trash or board up an abandoned building. These costs shall include reasonable attorneys' fees incurred by City. At any administrative hearing, judicial action or special proceeding to recover attorneys' fees, the prevailing party shall be awarded attorneys' fees not to exceed the amount of reasonable attorneys' fees incurred in the action, hearing or proceeding. Abatement costs may be established in the Master Fee Resolution.

(b) "Bona Fide Encumbrancer" means a person who (i) receives a lien or encumbrance on the subject property after the city incurs abatement costs or enforcement costs and (ii) at the time he or she acquired the interest did not have actual or constructive knowledge of the city's interest in the property.

(c) "Bona Fide Purchaser" means a person who (i) purchases any portion of the subject property after the city incurs abatement costs or enforcement costs and (ii) at the time he or she acquired his or her portion of the subject property did not have actual or constructive knowledge of the city's interest in the property.

(d) "Disturbance" shall include conduct in violation of Fresno Municipal Code sections 8-305, 8-306, and 8-503, as amended.

(e) "Enforcement Costs" means all actual and reasonable costs incurred by the city to enforce compliance with any State or city public health and safety law that does not involve the existence of a public nuisance. These costs include, but are not limited to, actual cost of the enforcing department's services including, but not limited to, costs of personnel, including costs of workers compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of materials, costs related to investigations pursuant to the Code or State law, costs related to issuing and defending administrative citations, and costs incurred investigating and abating violations of the Code or State law violations.

(f) "Enforcing Department" means the department or division of the city that directed and is responsible for the enforcement of the Code or State law or the abatement of a public nuisance or violation of the Code or State law.

(g) "Noticed Party" means the person or entity that is required to be noticed in the underlying abatement or enforcement action in which costs were incurred, but in all cases must include the record owner(s) of the property. A "Noticed Party" must be notified for purposes of cost or penalty recovery in the same manner as they were required to be noticed, either by Code or State law, in the abatement or enforcement action which resulted in the incurring of costs or penalties sought to be recovered under this article, and shall include notification by certified mail.

(h) "Penalties" means fines imposed by administrative citations issued under authority of the Code. "Penalties" for purposes of this article do not include criminal fines.

(i) "Public Nuisance" means a public nuisance as declared or defined by any provision of the Code, including, but not limited to the Waste Collection and Disposal Ordinance of the City of Fresno (Chapter 9, Article 5), the Public Nuisance Abatement Ordinance (Chapter 10, Article 7), the Street Trees and Parkways Ordinance (Chapter 13, Article 3), the Land Use Planning and Zoning Ordinance (Chapter 12), the Sign Ordinance (Chapter 12), the Fresno Housing Regulations (Chapter 11, Article 3), the Dangerous Building Ordinance (Chapter 11, Article 4), the Management of Real Property Ordinance (Chapter 10, Article 8), and Disturbance as defined within this section.

(j) "Record Owner" shall mean the person to whom land is assessed as shown on the last equalized assessment roll or the supplemental roll, whichever is more current.

(k) "Responsible Party" means a person or entity identified by the Code or law as responsible for creating, causing, committing, or maintaining the violation of the Code or law and or responsible for the abatement of a Code or law violation, including public nuisance, as defined in this section.

(l) "Subject Property" means the real property that is the subject of any enforcement or abatement action by the city for which the city incurred costs sought to be recovered under this article.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2003-66, § 1, eff. 8-23-03; Am. Ord. 2005-14, §§ 2—5, 50, 51, eff. 4-9-05; Am. Ord. 2005-22, § 4, eff. 4-16-05; Am. Ord. 2005-101, § 3, eff. 10-29-05; Am. Ord. 2007-55, § 4, eff. 9-4-07).

The cost of abating a public nuisance and or enforcing the Code or State law shall either be a lien on the subject property, a special assessment against the subject property, or the personal obligation of the owner of the subject property and/or the person responsible for creating, causing, committing or maintaining the public nuisance or violating the Code or State law. Costs incurred by the city are recoverable even if a public nuisance or Code violation is corrected by the property owner or other responsible party. This article shall govern the procedures used to recover all abatement and enforcement costs incurred by the city in the abatement of a public nuisance or Code violation and/or the enforcement of the Code or law pursuant to the procedures and authority found in this Code. Additionally, this article shall govern the procedures used to recover administrative penalties imposed pursuant to the procedures and authority found in this Code. The above notwithstanding, the remedies provided in this article shall be cumulative to any other provided in this Code or by law. Nothing in this article shall prevent the city at any time from accepting payment for unpaid costs or penalties in whole or by way of a payment plan, provided the rules on debts owing to the city are complied with as may be required in the Code.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2003-66, § 1, eff. 8-23-03; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) The enforcing department shall keep an itemized account of the abatement and or enforcement costs incurred by the city.

(b) The enforcing department may invoice the noticed party for the costs incurred by the city.

(c) The invoice shall notify the noticed party of the following:

(i) A description of the abatement or enforcement action taken by the city, a description of the property subject to the abatement or enforcement, and the total amount of the costs incurred by the city;

(ii) That should the noticed party fail to pay the costs within thirty days from the date of service of the invoice and the costs may be collected in any or all of the following ways: by a collection agency as a personal obligation, by the City Attorney's Office through judicial action, as a lien attached to the subject property, or as a special assessment on the subject property;

(iii) That before a lien or special assessment is placed on the subject property, an administrative hearing officer will confirm the costs by a public hearing. A notice will be issued at least fifteen days before the public hearing and he or she will be allowed to file an objection before the public hearing with the City Clerk.

(iv) That the invoice may be recorded as a Notice of Costs in the Fresno County Recorder's Office.

(d) Recording. The enforcing department may record the invoice as a Notice of Costs in the County Recorder's Office. The record owners or any other interested party may appeal the recording of the Notice of Costs to the City Hearing Officer at any time under the procedures found in Article 5 of Chapter 1. Once payment is received for the outstanding costs, or there has been a successful appeal to the City Hearing Officer, and no further action will be taken under this article, the enforcing department shall record a Notice of Satisfaction. The Notice of Satisfaction under this subsection shall be filed with a copy of the original invoice of costs and shall state that no further action by the city will be taken to collect the costs referred to in the invoice of costs.

(e) This section is inapplicable to the collection of unpaid administrative penalties.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Before the city may collect costs or penalties under the procedures provided for liens or special assessments under this article, the costs or penalties must be confirmed by an administrative hearing officer in a public hearing under the procedures and requirements found in this section.

(a) Report. The enforcing department shall prepare and file a report with the City Clerk that includes a description of the abatement and or enforcement action taken by the city; a statement as to whether the monies to be collected are abatement costs, enforcement costs, or penalties; a statement as to whether the monies are to be collected as a lien or as a special assessment under this article; the itemized and total account of the costs or penalties; and a description of the subject property. Once the report is filed, the City Clerk shall deliver the report to the administrative hearing officer and set a date and time when the administrative hearing officer shall pass upon the report. Any such report may include costs or penalties on any number of properties, whether or not contiguous to each other.

(b) Notice. Notice of the public hearing shall be provided to all noticed parties by the enforcing department at least fifteen days before the hearing is scheduled. The Notice shall contain a description of the subject property sufficient to enable the person(s) served to identify it; shall state that the city intends to collect unpaid costs or penalties by placing a lien or a special assessment on the subject property; shall specify the day, hour and place where the administrative hearing officer will hear and pass upon the report and any objections or protests that have been submitted to the City Clerk; shall specify that the property may, in some cases, be sold after three years by the tax collector for unpaid delinquent assessments or be subject to judicial foreclosure before the three years; shall specify that if they intend to protest the amount of the costs they may file a written protest with the City Clerk at least twenty-four hours before the time set for the hearing on the report. Notice shall also be published by the City Clerk at least one time, at least fifteen days before the date set for the hearing, in a daily newspaper published and circulated in the city.

(c) Protests. Any interested person wanting to protest the amount of the costs must file a written protest with the City Clerk. The protest may be filed at any time up until twenty-four hours before the time set for the hearing on the report. Each such protest shall contain a description of the property as provided in the Notice of the Public Hearing. The City Clerk shall deliver the protests to the administrative hearing officer.

(d) Hearing. At the date and time fixed for the hearing to pass on the report and confirm the costs or penalties for a lien or special assessment by the administrative hearing officer, the administrative hearing officer shall consider the report of the enforcing department, together with any filed protests. The scope of review of the hearing shall be limited to the amount of the costs or penalties when there has already been an opportunity for a hearing for the underlying violation. The administrative hearing officer may make such revisions, corrections or modifications in the report as may be just and reasonable, provided that the hearing officer may only reduce the city's actual costs upon a showing that the costs were unnecessary or unreasonable. The administrative hearing officer may adjourn the hearing from time to time. Upon the close of the hearing, the administrative hearing officer shall have confirmed the original, revised, corrected or modified report or have set the matter for an additional hearing. Any decision by the Hearing Officer on the report and protests shall be final.

(e) Administrative Hearing Officer. Public hearings under this section shall be conducted by an administrative hearing officer selected in accordance with the Administrative Hearing Ordinance in Chapter 1, Article 4.

(f) Prior Hearing. There is no right to a public hearing if the costs have already been confirmed by a court of competent jurisdiction. There is no right to a public hearing to confirm penalties under this section if they have been previously upheld in a hearing under Chapter 1, Article 4. In such a case, the Hearing Officer shall confirm the costs and or penalties for a lien or special assessment based upon adequate proof presented by city staff of the previous judgment and or hearing decision.

(g) Contest of Confirmed Special Assessment or Lien. The validity of any lien or special assessment levied under the provisions of this article shall not be contested in any action or proceeding unless such action or proceeding is commenced within thirty days after the lien or special assessment is confirmed by the administrative hearing officer in a final decision.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2005-14, § 21, eff. 4-9-05; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Administrative penalties unpaid after thirty days from issuance of the citation or, if the citation is appealed, thirty days from the date a penalty is upheld under Section 1-406(f), may be collected using the procedures found in Sections 1-510, 1-511, and 1-512. To collect penalties using the procedures found in Section 1-511 or 1-512, the city must follow the procedures in Section 1-506. The city is not required to send an invoice under Section 1-505. Penalties collected under the procedures found in Sections 1-511 and 1-512 may only be made a lien upon a subject property when the record owner of the subject property was issued and properly noticed with the citation. Any lien attached to property under the procedures in this article to collect unpaid penalties shall have the priority of a judgment lien, and not a tax lien, unless otherwise provided by State law. The Master Fee Schedule may provide for additional penalties to be added to unpaid citations.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Enforcement costs may be recovered using the procedures found in Sections 1-510, 1-511, and 1-512. To collect costs under the procedures found in Sections 1-511 and 1-512, the city must send an invoice under Section 1-505 and follow the procedures in Section 1-506. Any lien attached to property to collect enforcement costs under the procedures provided in Sections 1-511 and 1-512 shall have the priority of a judgment lien, and not a tax lien, unless otherwise provided by State law.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Abatement costs may be recovered using the procedures found in Sections 1-510, 1-511, and 1-512. To collect costs under the procedures found in Sections 1-511 and 1-512, the city must send an invoice under Section 1-505 and follow the procedures in Section 1-506. A lien attached to property to collect abatement costs under the procedures in Section 1-511 shall have the priority of a judgment lien, and not a tax lien, unless otherwise provided by State law. A special assessment lien attached to property to collect abatement costs under the procedures in Section 1-512 shall have the priority of a tax lien, unless otherwise required by State law.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Any costs or penalties subject to collection under this article may be recovered as a personal obligation against the responsible party and may be referred to a collection agency or the City Attorney's Office for collection. Upon referral of these costs and obligations, the collection agency and the City Attorney's Office may seek collection through any legal means provided to them, including judicial action. Nothing in this section shall be affected by or affect the city's use of any other procedure provided in this article or by law to collect unpaid costs and penalties. In a judicial action to recover abatement costs, the City Attorney's Office may elect to recover attorney's fees. In any action in which the City Attorney's Office elects to recover attorney's fees under this section, attorney's fees will be recovered by the prevailing party. The City Attorney shall take action to obtain a personal judgment, in addition to any liens, for unpaid penalties, costs, fines, and any other form of damages due to the City when the amounts owed exceed $1,000, the amounts reasonably appear to be collectible, and it will be cost effective to pursue judgment and collection.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07; Am. Ord. 2015-32, § 4, eff. 11-19-15).

(a) Recording Notice of Lien; Creation of the Lien. Upon the administrative hearing officer confirming the costs or penalties under the requirements of Section 1-506 for a lien under this section, the enforcing department shall execute and file in the Fresno County Recorder's Office a Notice of Lien. The Notice shall be indexed in the grantor-grantee index. Immediately upon the recording of the Notice of Lien, the confirmed costs or penalties shall be a lien on the property.

(b) Form of Notice of Lien for Abatement or Enforcement Costs. The Notice of Lien on a lien to collect abatement or enforcement costs shall be in substantially the following format:

NOTICE OF LIEN

Pursuant to the authority vested in the City of Fresno by the provisions of Article _______ of Chapter _______ of the Fresno Municipal Code, the city did on or about the _______ day of ________, 20___, [short description of city actions] to [abate a nuisance/enforce the Fresno Municipal Code] on the real property described below ("Subject Property"), and an administrative hearing officer did on the _______ day of ________, 20___, confirm the costs of such [abatement/ enforcement] on the Subject Property, and the costs have not been paid, and the City of Fresno claims a lien on the Subject Property in the amount of _______ Dollars ($_____). The lien shall be on the property until the amount is paid, plus legal rate of interest to be accrued from the date of recording this Notice, and any and all administrative costs to file and record the lien. The claimed lien shall have the priority of a judgment lien and shall attach on the date of the recording of this Notice. The Subject Property upon which the lien is placed is located at _______ in the City of Fresno, County of Fresno, State of California, more particularly described as APN # _______ and:

[LEGAL DESCRIPTION OF PROPERTY]

The record owner(s) of the Subject Property is/are _______, who reside(s) at _______.

Dated: This _______ day of ________, 20___.

________ [name of Enforcing Department]

Director of the City of Fresno

(c) Format of Notice of Lien for Penalties. The Notice of Lien for a lien to collect unpaid penalties shall be substantially in the following format:

NOTICE OF LIEN

Pursuant to the authority vested in the City of Fresno by the provisions of Article 4 of Chapter 1 of the Fresno Municipal Code, the city did on or about the _______ day of ________, 20___, issue a citation to the record owner(s) of the real property described below ("Subject Property") for a violation of the Fresno Municipal Code existing upon the Subject Property, and an administrative hearing officer did on the _______ day of ________, 20___, confirm the penalties imposed by the citations for a lien on the Subject Property, and the confirmed penalties have not been paid, and the City of Fresno claims a lien on the Subject Property in the amount of _______ Dollars ($_____). The lien shall be on the property until the amount is paid, plus legal rate of interest to be accrued from the date of recording this Notice, and any and all administrative costs to file and record the lien. The claimed lien shall have the priority of a judgment lien and shall attach on the date of recording this Notice. The Subject Property upon which a lien is claimed is located at _______ in the City of Fresno, County of Fresno, State of California, and is more particularly described as APN # _______ and:

[LEGAL DESCRIPTION OF PROPERTY]

The record owner(s) of the Subject Property is/are _______, who reside(s) at _______.

Dated: This _______ day of ________, 20___.

________ [name of Enforcing Department]

Director of the City of Fresno

(d) Foreclosure; Exception. A lien imposed under this section may be foreclosed at any time by an action brought by the city for a money judgment. The city may recover from the record property owners 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. A foreclosure may not be made under this section on an owner-occupied residential dwelling.

(e) Priority. A lien imposed under this section shall have the priority of a judgment lien, and not a tax lien, unless otherwise provided by State law. If State law allows a lien with a different priority, the enforcing department shall so specify in the Notice of Lien to be recorded with the county.

(f) Release of Lien. Once payment in full is received for the lien, including applicable penalties, administrative fees and interest charges; the amount is deemed satisfied pursuant to a subsequent administrative or judicial order; or the amount is written off pursuant to procedures provided in Chapter 7, Article 9, the enforcing department shall either record a Notice of Satisfaction or provide the property owner or financial institution with the Notice of Satisfaction so they can record the Notice with the Fresno County Recorder's Office. The Notice of Satisfaction shall include the same information as provided in the original lien. Such Notice of Satisfaction shall cancel the lien. The Notice of Satisfaction shall be indexed in the grantor-grantee index.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) Recording Special Assessment Lien; Creation of Lien. Immediately upon the hearing officer's confirmation of costs or penalties for a special assessment under Section 1-506, the enforcing department shall record a Notice of Special Assessment with the Fresno County Recorder's Office. Immediately upon recording the Notice of Special Assessment, the Special Assessment shall become a lien upon the subject property, except that if any real property to which the lien would attach 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 taxes that included the special assessment imposed under this section would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of abatement and enforcement relating to the property shall be transferred to the unsecured roll for collection. The Notice of Special Assessment shall be indexed in the grantor-grantee index.

(b) Form of Notice of Special Assessment. The form of the Notice of Special Assessment shall be substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT

Pursuant to the authority vested in the City of Fresno by the provisions of Article _______ of Chapter _______ of the Fresno Municipal Code, the city did on or about the _______ day of ________, 20___, [short description of city's action(s)] to [abate a nuisance/enforce the Fresno Municipal Code] on the real property described below ("Subject Property"), and an administrative hearing officer did on the _______ day of ________, 20___, assess the cost of such [abatement /enforcement] on the Subject Property, and the assessment has not been paid, and the City of Fresno claims a lien on the Subject Property in the amount of _______ Dollars ($_____). The lien shall be on the property until the amount is paid, plus legal rate of interest to be accrued from the date of recording this lien, and any and all administrative costs to file and record the lien. The claimed lien having been created to collect for [abatement/enforcement] costs shall have the priority of a [tax/judgment] lien and shall attach upon the recording of this Notice. The Subject Property may be sold after 3 years pursuant to Revenue and Tax Code §3691 for unpaid delinquent assessments. The subject property upon which the lien is claimed is located at _______ in the City of Fresno, County of Fresno, State of California, and is more particularly described as APN #_______ and:

[LEGAL DESCRIPTION OF PROPERTY]

The record owner(s) of the Subject Property is/are ________, who reside(s) at ________.

Dated: This _______ day of ________, 20___.

________ [name of Enforcing Department]

Director of the City of Fresno

(c) Form of Notice of Special Assessment for Penalties. The form of the Notice of Special Assessment for unpaid penalties shall be substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT

Pursuant to the authority vested in the City of Fresno by the provisions of Article 4 of Chapter 1 of the Fresno Municipal Code, the city did on or about the _______ day of ________, 20___, issue a citation to the record owner(s) of the real property described below ("Subject Property") for a violation of the Fresno Municipal Code existing upon the Subject Property. The record owner(s) have not paid the penalties issued in the citations, and an administrative hearing officer did on the _______ day of ________, 20___, assess these unpaid penalties on the Subject Property. The assessment has not been paid and the City of Fresno claims a lien on the Subject Property in the amount of _______ Dollars ($_______). The lien shall be on the property until the amount is paid, plus legal rate of interest to be accrued from the date of recording this lien, and any and all administrative costs to file and record the lien. The claimed lien having been assessed to collect for unpaid penalties shall have the priority of a judgment lien and shall attach upon the recording of this Notice. The subject property upon which the lien is claimed is located at _______ in the City of Fresno, County of Fresno, State of California, and is more particularly described as APN #_______ and:

[LEGAL DESCRIPTION OF PROPERTY]

The record owner(s) of the Subject Property is/are ________, who reside(s) at ________.

Dated: This _______ day of ________, 20___.

_______ [name of Enforcing Department]

Director of the City of Fresno

(d) Filing Special Assessment. In addition to recording the Notice of Special Assessment, the enforcing department shall prepare and file a certified copy of the special assessment with the Fresno County Auditor. The special assessment shall be delivered to the County Auditor before the date fixed by law or by the County Auditor for the delivery of the assessment book to the County Board of Equalization.

(e) Collection with Taxes. After filing the special assessment with the County Auditor, the County Tax Collector may collect the amount of the special assessment at the same time and in the same manner as ordinary municipal taxes, and impose the same penalties and procedures, including the sale of the property, in case of delinquency, as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessment. If the property is assessed for nuisance abatement costs, the property may be sold for delinquent taxes in three years pursuant to Revenue and Taxation Code Section 3691, with the exception of owner-occupied residential dwellings.

(f) Release of Special Assessment and Lien. Once payment in full is received for the special assessment, including applicable penalties, administrative fees and interest charges; the amount is deemed satisfied pursuant to a subsequent administrative or judicial order; or the amount is written off pursuant to procedures provided in Chapter 7, Article 9, the enforcing department shall either record a Notice of Satisfaction with the Fresno County Recorder or provide the property owner or financial institution with the Notice of Satisfaction so they can record this Notice with the Fresno County Recorder's Office. The Notice of Satisfaction shall include the same information as provided in the original Notice of Special Assessment. Such Notice of Satisfaction shall cancel the lien created under this section. In addition to recording the Notice of Satisfaction, the city shall file a Notice with the County Auditor to strip the assessment from the tax rolls. The Notice of Satisfaction shall be indexed in the grantor-grantee index.

(g) Refund. The Council may order a refund of all or part of a tax paid pursuant to this section if it finds that all or part of the tax has been erroneously levied. A tax or part thereof shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his/her guardian, executor or administrator.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) Application. This section is intended to implement the provisions of Sections 38772, 38773.2, and 38773.6 of the California Government Code making the costs of abatement of a nuisance caused by graffiti of personal or real property a lien or special assessment on the real property of a minor or other person causing the graffiti or the parent or guardian of the minor.

(b) Definitions. For purposes of this section the terms "graffiti," "expense of abatement," "minor," "other person," and "responsible person" have the same meaning as specified in Chapter 9, Article 25 of this Code and Government Code Sections 38772, 38733.2, and 38773.6.

(c) Procedures. The procedures to assess or lien property under this section shall be those provided in this article unless otherwise provided in this section or in Government Code Sections 38772, 38733.2, and 38773.6.

(d) Notices. All notices required or allowed under this article shall be provided to all record owners of the real property that will be subject to the special assessment or lien. The invoice of costs, under Section 1-605, shall notify the minor or other person causing the graffiti, or the parent or guardian of the minor that caused the graffiti that should the invoiced costs go unpaid under that section, the property owned by them shall be subject to a lien or special assessment.

(e) Form of Notice of Graffiti Abatement Lien. The Notice of Graffiti Abatement Lien shall be in substantially the following form:

NOTICE OF GRAFFITI ABATEMENT LIEN

Pursuant to the authority vested in the City of Fresno by the provisions of Article 1 of Chapter 8 of the Fresno Municipal Code and Government Code Sections 38772 and 53069.3, the city did on or about the _______ day of ________, 20___, cause the abatement of graffiti on public or private, real or personal property. ________ is/are the record owner(s) of the premises described below ("Subject Property") and is the minor/person causing graffiti/parent or guardian of the minor who caused the graffiti. An administrative hearing officer did on the _______ day of ________, 20___, confirm the costs of the graffiti abatement, and the costs have not been paid, and the said City of Fresno claims a lien on the Subject Property in the amount of _______ Dollars ($_____) under Government Code Section 38773.2. The lien shall be on the property until the amount is paid, plus legal rate of interest to be accrued from the date of recording this lien, and any and all administrative costs to file and record the lien. The claimed lien having been imposed to collect for graffiti abatement costs shall have the priority of a judgment lien and shall attach upon the recording of this Notice. The Subject Property upon which the lien is claimed is located at _______ in the City of Fresno, County of Fresno, State of California, and is more particularly described as APN #_______ and:

[LEGAL DESCRIPTION OF PROPERTY]

The record owner(s) of the Subject Property is/are ________, who reside(s) at ________.

Dated: This _______ day of ________, 20___.

________ [name of Enforcing Department]

Director of the City of Fresno

(f) Form of Graffiti Abatement Special Assessment. The form for a special assessment for graffiti abatement shall be in substantially the following form:

NOTICE OF GRAFFITI ABATEMENT SPECIAL ASSESSMENT

Pursuant to the authority vested in the City of Fresno by the provisions of Article 1 of Chapter 8 of the Fresno Municipal Code and Government Code Sections 38772 and 53069.3, the city did on or about the _______ day of ________, 20___, cause the abatement of graffiti on public or private, real or personal property. ________ is/are the record owner(s) of the premises described below ("Subject Property") and is the minor/person causing graffiti/parent or guardian of the minor who caused the graffiti. An administrative hearing officer did on the _______ day of ________, 20___, assess the cost of the graffiti abatement on the Subject Property under Government Code Section 38773.6, and the assessment has not been paid, and the City of Fresno claims a lien on the Subject Property in the amount of _______ Dollars ($_____). The claimed lien having been assessed to collect for graffiti abatement costs shall have the priority of a tax lien and shall attach upon the recording of this Notice. The lien shall be on the property until the amount is paid, plus legal rate of interest to be accrued from the date of recording this lien, and any and all administrative costs to file and record the lien. The Subject Property may be sold after three years pursuant to Revenue and Tax Code § 3691 for unpaid delinquent assessments. The Subject Property upon which the lien is claimed is located at _______ in the City of Fresno, County of Fresno, State of California, and is more particularly described as APN #_______ and:

[LEGAL DESCRIPTION OF PROPERTY]

The record owner(s) of the Subject Property is/are ________, who reside(s) at ________.

Dated: This _______ day of ________, 20___.

________ [name of Enforcing Department]

Director of the City of Fresno

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Under the provisions of Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property or a minor or other person causing graffiti is responsible for either a public nuisance or graffiti, except for conditions abated pursuant to Health and Safety Code Section 17980, the court may order that person to pay treble the costs of the abatement.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Any monies recovered under this article for costs incurred in the repair, rehabilitation or demolition of substandard and/or dangerous buildings as set forth in Chapter 11 shall be paid when collected to the Controller and Director of Finance, who shall place the same in the Repair and Demolition Fund as provided in Chapter 11.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07).

All penalties collected from administrative citations issued for the keeping, maintaining, or owning of a blighted building, as defined in the Public Nuisance Abatement Ordinance in Chapter 10, Article 7, shall be placed in a special fund to be known as the "Blighted Building Fund" and shall be used solely for enforcement and/or abatement of blighted buildings under the Public Nuisance Abatement Ordinance.

(Added Ord. 2003-17, § 2, eff. 4-22-03; Added Ord. 2007-55, § 4, eff. 9-4-07).