Chapter 8.50 — PROPERTY NUISANCE

Article I Code Compliance Hearing Officer

There is hereby established a Code Compliance Hearing Officer. The purpose and duty of the Hearing Officer is to determine whether violations of law or conditions which constitute a public nuisance exist pursuant to this chapter, and to order appropriate methods of abatement and/or the imposition of administrative penalties. No funds shall be expended for the abatement of any nuisance established in this chapter unless the Hearing Officer has declared the property to be a public nuisance and ordered the abatement of the nuisance. (Ord. 2009-396 §1; Ord. 2025-522, 1/28/2025)

The Hearing Officer shall be appointed by the Mayor with the approval of the City Council. The term of office shall be for a period of two years, or until a successor is appointed. The Hearing Officer shall receive a $50 stipend for each day the Hearing Officer is required to appear for hearings. The Hearing Officer shall serve at the pleasure of the City Council. (Ord. 2009-396 §1; Ord. 2025-522, 1/28/2025)

A. The Hearing Officer shall issue periodic reports to the City Council regarding its activities, including, but not limited to, the number of hearings conducted, the amounts of any administrative penalties and abatement costs imposed, and the compliance record with respect to Compliance Orders issued.

B. The Hearing Officer shall hear such other matters that may be delegated or assigned to it by the City Council. (Ord. 2009-396 §1; Ord. 2025-522, 1/28/2025)

Article II Property Nuisances

The purpose and intent of this chapter is:

A. To promote safe living and commercial areas for the community's residents, and to protect the health, safety and welfare of its residents;

B. To enhance and promote the maintenance of real property, improved and unimproved, and by so doing, improve the livability, appearance, and the social and economic conditions of the community;

C. To elevate the self-esteem of the residents of the City of Guadalupe, develop a cohesive and caring community, and thereby be beneficial to the growth and prosperity of the City; and

D. To ensure that the real properties, whether improved or unimproved, do not reach such a state of deterioration or disrepair as to cause the depreciation of the value of the surrounding neighborhood or be materially detrimental to nearby properties and improvements. (Ord. 2009-396 §1)

As used in this chapter:

"Abate/abatement" means action to terminate, stop, cease, repair, rehabilitate, replace, demolish, correct or otherwise remedy nuisance activity, condition, premises or conduct by such means and in such manner as to bring the activity, condition, premises or conduct into compliance with the laws or regulations of the City of Guadalupe and/or the State of California or in such manner as is necessary to promote the health, safety or general welfare of the public.

"Abatement costs" means the actual costs paid or incurred by the City in connection with the matter, including, but not limited to:

1. Costs of investigation;

2. Personnel costs;

3. City overhead incurred in the preparation for any hearing and appearing at the hearing itself;

4. Costs incurred for all inspections and re-inspections necessary to enforce any order issued under this chapter;

5. Costs of preparation of notices, specifications and contracts and inspecting the work performed under contract;

6. Costs of mailing and printing notices and documents; and

7. The cost, including staffing costs, expended or incurred by the City in abating the conditions or violations pursuant to any order under this chapter.

"City Clerk" means the City Clerk of the City of Guadalupe.

"Compliance official" shall mean any official named in this code to enforce the provisions of this chapter.

"Code compliance hearing officer" or "hearing officer" shall mean a volunteer appointed by the Mayor and approved by the City Council to determine whether violations of law or conditions which constitute a public nuisance exist pursuant to this chapter, and to order appropriate methods of abatement and/or the imposition of administrative penalties.

"Minor" shall mean any person under the age of 18 years, and who is not emancipated.

"Owner" means the owner or owners of any premises or real property.

"Premises or real property" shall mean, in context, any location, building, structure, residence, garage, room, shed, shop, store, dwelling, lot, parcel, land or portion thereof, whether improved or unimproved.

"Responsible party or person" means any individual, business or entity responsible for creating, causing, maintaining or permitting the nuisance activity, premises, condition or conduct; and includes, but is not limited to, the property owner, tenant, lessee, possessor, or occupant of real property, the president or other officer of the corporation, a business owner or manager of a business. (Ord. 2009-396 §1)

The procedures provided in this chapter shall be cumulative and in addition to any other procedure or legal remedy provided for in this code or by State law for the abatement of nuisance-related activities, premises, conditions or conduct. Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a nuisance under applicable civil, criminal or municipal code provisions as an alternative or alternatives to the proceedings set forth in this chapter. (Ord. 2009-396 §1)

It is unlawful for any person owning, renting, leasing, occupying, managing or having charge, or possessing of any real property in this City to maintain such premises in such a manner that any of the following conditions are found to exist thereon:

A. A building, structure, or portion thereof, which is in a dilapidated or dangerous condition so as to be unfit, unsafe, or unsuitable for human occupancy. Such conditions include, but are not limited to:

1. Inadequate or inoperable mechanical, electrical, plumbing, or sanitation systems or
equipment;

2. Lack of sound and effective exterior walls or roof covering to provide weather
protection;

3. Lack of structural integrity, including deteriorated or inadequate foundations, joints,
vertical or horizontal support;

4. Broken, missing, or inoperable windows or doors constituting a hazardous condition

or a potential attraction to trespassers;

5. Buildings or structures which are unpainted or which otherwise lack exterior coating,
causing dry rot, warping or termite infestation;

6. Broken, deteriorated, or substantially defaced structures visually impacting on the
neighborhood or presenting a risk to public safety;

7. Substandard building conditions described in the State Housing Law, including but
not limited to Section 17920.3 of the Health and Safety Code.

B. An abandoned building or structure such as:

1. An unoccupied and unsecured building or structure;

2. A partially constructed, reconstructed, or demolished building or structure where work is abandoned for 120 consecutive days;

3. A damaged or partially destroyed building or structure not removed or repaired within 120 calendar days after the damage or destruction, or, if the removal or repair cannot reasonably be accomplished within 120 calendar days, upon which removal or repair has not been commenced within such period and prosecuted diligently toward completion.

C. Property maintained in a condition so defective, unsightly, or in a state of such deterioration, disrepair or neglect that it causes a health, safety or fire hazard or an attractive nuisance to children such as:

1. The accumulation of dirt, litter, refuse, trash or debris in carports, parking areas,
driveways, front yards, side yards, rear yards, vestibules, doorways of buildings, the
adjoining sidewalk, or alley;

2. Storage of personal property (other than items designated for outdoor use) in front, exterior side, or rear yard areas visible to public view, including, but not limited to unregistered, inoperative or dismantled vehicles or vehicle parts, building materials not currently being used for the construction of improvements on the site, appliances, household furnishings or equipment, tools, machines, garbage cans, packing boxes, debris, rubbish, and broken or discarded furniture;

   3. Trees, weeds, or other vegetation which are dead, decayed, infested, diseased, overgrown, or likely to harbor rats or vermin, or which are detrimental to neighboring property or property values;

   4. Abandoned and broken equipment or machinery, or parts thereof;

   5. Parking lots, driveways, paths or other paved surfaces with cracks, potholes or other deficiencies posing a risk of harm to the public;

   6. Fences or walls which:

      a. Lack structural support because of missing or wet soil, missing or failed footings, or missing or failed fastenings; or which otherwise do not stand erect,

      b. Are in disrepair due to damage, crumbling mortar, missing bricks or wood,

rotted wood, breaks or dents in their structure;

7. Front yards, and street side yards on improved lots, including corner lots, which lack
required landscaping with a lawn, ground cover, bushes, or trees, or which lack
required covering with rock or other decorative material, except during permitted
construction, demolition, or remodel work on the lot;

8. A surface excavation or grading on private property which:

a. Contains 4 or more inches of standing water for a period in excess of 5 calendar
days during which no rain has fallen, or

b. Has sides which slope at an angle that exceeds City standards.

c. This prohibition does not apply to:

i. Completed drainage facilities which are owned or maintained by, or
approved and maintained in the manner approved by, the City of
Guadalupe or County of Santa Barbara,

ii. Excavations made as part of construction approved by the City and
protected with barriers or fences that meet City, County and/or State
standards, or

iii. Excavations which are completely surrounded by a fence or other secure
barrier at least 6 feet tall.

D. For the purpose of this section, "yard" means any open space other than a court on the same lot with a building or a dwelling group, which space is clear of structures and thus open from ground to sky. The exception for accessory buildings stated in Section 15.05.020 of this code does not apply.

E. For purposes of subsection C of this section, "attractive nuisance" shall mean any condition, instrumentality or machine located in a building or on premises, which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it.

F. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this chapter, shall mean defacement, damage, or destruction by the presence of paint or ink, chalk, dye, or other similar substances; or by carving, etching, or other engraving.

G. Clothing, linen, towels, laundry, rugs, mattresses, and other similar material hung, placed, or attached to power lines, trees, bushes, fences, buildings, railings, or walls and visible from public property or an area open to the public.

H. Waste matter or personal property placed on rooftops.

I. Construction or agricultural equipment, machinery, or materials, parked or placed on residential premises and visible from public property or an area open to the public; except during permitted construction, demolition or remodel work on the site.

J. Vehicle or vessel repair as defined in Title 18 of this Code, which occurs in a residentially zoned district and is offensive or detrimental to the health, safety, or welfare of other

persons, or which substantially interferes with the reasonable enjoyment of property by other persons, because of the substances, odors, noise, or visual clutter created by the repair; or because of the items stored in connection with the repair, or because the repair is performed on a vehicle not owned by the occupant of the property.

K. Any building or structure which is a public nuisance under common law.

L. Any violation of the zoning ordinances or occupying or otherwise using property in violation of the provisions of any conditional use permit, planned development permit, variance or other land use entitlement or land use permit.

M. Any condition or activity which is a "nuisance" or a "public nuisance" as defined in Sections 3479 and 3480 of the Civil Code of the State of California or which is specifically declared to constitute a nuisance by any statute of the State of California or by any ordinance of the City of Guadalupe.

N. Any building or structure which is constructed, altered, repaired, modified, maintained or used in violation of the following provisions of the Guadalupe Municipal Code:

1. Title 3 (Revenue and Finance);

2. Title 5 (Business Taxes, Licenses, and Regulations);

3. Title 15 (Building and Fire Codes);

4. Title 17 (Subdivisions);

5. Title 18 (Zoning).

O. Any activity which is in conflict with the Constitution or laws of the State or the United States. (Ord. 2009-396 §1)

All property found to be maintained in violation of any one or more of the provisions of Section 8.50.070 of this chapter is hereby declared to be a public nuisance and shall be abated pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any manner provided by law. (Ord. 2009-396 §1)

Every responsible party who owns or is in possession of premises within the City is required to maintain such premises in a manner so as not to violate the provisions of this chapter. (Ord. 2009-396 §1)

A. Persons or other entities seeking to do business within a building within the City shall obtain approval by the Fire, Health, Building and Planning Departments as to the conformance of such building to existing zoning, building, fire, health and other public

safety laws. Such approvals are mandatory prior to the initial operation of the business, and annually thereafter. The duly authorized representatives of these departments shall have the authority to make necessary inspection of premises, or to authorize self-inspection of premises, to determine compliance. Each business obtaining an inspection pursuant to this subsection shall pay an inspection fee, as established by the City by resolution.

B. Any officer, employee, or agent of the City of Guadalupe may enter and inspect or abate any building or premises whenever necessary to secure compliance with, or prevent violation of, any provision of this chapter. If required by law, the officer, employee or agent shall first obtain consent of the responsible party or an appropriate court order. (Ord. 2009-396 §1; Ord. 2016-446 §1)

Whenever a Compliance Official determines that any property is maintained in violation of one or more of the provisions of Section 8.50.070, he or she shall serve on the responsible parties a written Compliance Order which contains:

A. The date and location of the violation;

B. The section of the code violated and a brief description of the violation;

C. The actions required to correct the violation(s) or abate the condition(s);

D. The time period after which the City will enter the property to abate the conditions or administrative penalties will begin to accrue if compliance is not achieved;

E. The time period for abatement (a Compliance Official may grant an extension of time upon good cause, provided the responsible party signs a written agreement to abate the nuisance within a time certain);

F. That a public hearing will be held before the Hearing Officer if abatement is not achieved within the time set forth in the Compliance Order. (Ord. 2009-396 §1)

A. All written notices required to be given under the provisions of this chapter may be served in the following manner:

1. By personal delivery; or

2. To the property owner, by mailing a copy of the notice by United States mail, postage
prepaid, to his or her address shown on the last equalized assessment roll available on
the date the notice is prepared, and to other responsible parties at their address as
known to a Compliance Official or at the property address. Service under this
subsection shall be deemed complete 5 calendar days after deposit in the United States
mail.

B. Where personal service or service by mail of the Compliance Order or the Notice of Hearing pursuant to subsection A of this section upon the property owner is unsuccessful, a Compliance Official shall cause all of the following to occur:

1. A copy of the Compliance Order or the Notice of Hearing, as appropriate, shall be posted conspicuously at the real property where the public nuisance is occurring. A Notice of Hearing shall be posted not less than 15 calendar days prior to the hearing referenced in the Notice; and

   2. A copy of the Compliance Order or Notice of Hearing, as appropriate, shall be published for at least 3 consecutive days in a newspaper of general circulation in the City. A copy of the Notice of Hearing shall be published at least 10 calendar days prior to the hearing referenced in the Notice.

C. In the case of violations of subsection O of Section 8.50.070 [Unlawful property nuisances] only, the holder of any mortgage or deed of trust shall be served with a Compliance Order pursuant to subsection (A)(2) [service by mail] of this section at the address appearing on the recorded mortgage or deed of trust.

D. Notwithstanding any provision in this section, service by mail may be made to any responsible party at any address authorized or requested by such person.

E. The failure of any person to receive any notice required under this chapter and properly served, mailed, posted or published under this chapter shall not affect the validity of any proceedings taken under this chapter. (Ord. 2009-396 §1)

Article III Hearing Procedure—Appeals

A. If a Compliance Official determines all violations have been corrected within the time specified in the Compliance Order, or any extension thereof, no further action shall be taken.

B. If compliance is not achieved within the time specified in the Compliance Order, the Compliance Official issuing the Compliance Order shall notify the Building Permit Technician to set a hearing before the Hearing Officer.

C. The Building Permit Technician shall cause a written notice of hearing to be served on all parties named in the Compliance Order by United States mail, first class, postage prepaid. Upon request of a Compliance Official notice shall be served on properties within 100 feet of the property that is subject to the abatement hearing, or upon the complainant or complainants, if any, who reside beyond that distance. (Ord. 2009-396 §1)

A. Every notice of hearing shall contain the time, date and place at which the hearing will be conducted.

B. The hearing date shall be not less than 15 calendar days nor more than 60 calendar days from the date of the Notice of Hearing, unless a Compliance Official determines the matter is urgent or good cause exists for an extension of time.

C. The hearing shall provide a full opportunity for the responsible parties subject to a Compliance Order to object to the determination that a nuisance has occurred, that the nuisance has continued to exist or has recurred and/or that the person is responsible for creating, maintaining or fostering the nuisance.

D. The failure of any person subject to a Compliance Order pursuant to this chapter to appear at the hearing shall constitute an admission of the facts in the Compliance Order and shall constitute a failure to exhaust administrative remedies. (Ord. 2009-396 §1)

A. At the time and place stated in the notice, the Hearing Officer shall hear and consider all relevant evidence, including, but not limited to, the testimony of the responsible party, City personnel, neighbors, witnesses or other interested parties, and may consider staff reports or other written materials, on the following issues:

1. Whether the activity, condition, or conduct stated in the Compliance Order exist on
the property or existed after the time for compliance stated in the Compliance Order;

2. Whether the person(s) named in the Compliance Order are responsible parties; and

3. The appropriate method of abatement, the amount of administrative penalties and the
imposition of abatement costs.

B. Proof of the existence of the nuisance must be by the preponderance of evidence, and the burden of proof is with the City.

C. The formal rules of evidence shall not apply.

D. Continuances for good cause may be granted on the motion of any responsible party, a Compliance Official, or upon the Hearing Officer's recommendation. (Ord. 2009-396 §1)

A. Within 15 calendar days after the conclusion of the hearing, the Hearing Officer shall make findings and issue its written determination in connection with the Compliance Order.

B. The Hearing Officer shall issue a Nuisance Abatement Order by resolution if it finds that:

1. The activity, condition, or conduct stated in the Compliance Order exist on the
property or existed after the compliance date specified in the Compliance Order;

2. No activity, condition or conduct existed beyond the control of any person that
prevented compliance with the Compliance Order; and

3. The parties in the Compliance Order are responsible parties.

C. The Nuisance Abatement Order may impose or order any or all of the following:

1. Administrative penalties pursuant to Guadalupe Municipal Code Chapter 1.10.

2. Abatement within the time specified in the Nuisance Abatement Order of the
nuisance, or that the City may upon failure to abate the nuisance, abate the nuisance
at the expense of the responsible parties.

3. Abatement costs against the persons responsible for creating, maintaining or fostering
the public nuisance when the Hearing Officer finds the nuisance occurred or recurred
on or after the compliance date specified in the Compliance Order.

D. If the City Attorney determines that the violation implicates a first amendment right, the Nuisance Abatement Order shall provide that the order is suspended until the responsible party exhausts his or her judicial remedies. (Ord. 2009-396 §1)

The Building Permit Technician shall serve a copy of the Nuisance Abatement Order of the Hearing Officer upon the responsible parties and the Compliance Official. (Ord. 2009-396 §1)

In the absence of any appeal to the City Council, the public nuisance found to exist on the property shall be abated by having such property, building or structures rehabilitated, repaired or demolished within the time specified, and in the manner and means specifically set forth in the Nuisance Abatement Order issued by the Hearing Officer.

(Ord. 2009-396 §1)

A. Any person appearing at the hearing by the Hearing Officer pursuant to a Notice of Hearing who is subject to a Compliance Order, or a Compliance Official responsible for instituting the nuisance abatement proceedings, may appeal the decision of the Hearing Officer as reflected in the Nuisance Abatement Order by filing a written appeal with the City Clerk within 7 calendar days from the service of such decision.

B. The written appeal shall contain the following:

1. The name and address of the person filing the appeal; and

2. A concise written statement under declaration of perjury designating the portion of
the Nuisance Abatement Order being appealed, and the facts supporting the appeal.

C. As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing the appeal by the City Council, which date shall not be less than 15 calendar days nor more than 60 calendar days from the date the appeal was filed. Written notice of the time, date and place of hearing shall be given at least 10 calendar days prior to the date of hearing by the City Clerk to all parties designated as responsible parties in the Nuisance Abatement Order, except if appeal is by a Compliance Official, notice shall be given to those parties designated as responsible parties in the Compliance Order.

D. The hearing before the City Council shall be upon the record made before the Hearing Officer and no evidence that could not reasonably have been presented to the Hearing Officer shall be considered by the City Council. The Council shall review the findings and decision of the Hearing Officer. Upon the conclusion of the hearing on such appeal, the City Council shall announce its decision by resolution either:

1. Terminating the proceedings;

2. Confirming the action and decision of the Hearing Officer; or

3. Modifying such decision as in its judgment seems warranted.

E. The decision of the City Council shall be final. In the cases of alternative (2) or (3) above, the resolution shall declare such property to be a public nuisance and order the abatement within a time certain, and in the manner and means specifically set forth in said resolution. Any property owner shall have the right to abate the nuisance in accordance with such resolution and at the owner's expense provided the same is commenced prior to the expiration of the date ordered for abatement and thereafter diligently and continuously prosecuted to completion. Upon abatement in full by the owner, the proceedings hereunder shall terminate. When abatement has been achieved, the City Attorney shall notify the City Council and the responsible party pursuant to Section 8.50.220. (Ord. 2009-396 §1)

The City Clerk shall serve, or cause to be served, a copy of the resolution containing the City Council's decision upon the responsible parties and the Compliance Official. (Ord. 2009-396 §1)

Every person subject to a Nuisance Abatement Order shall comply with the Nuisance Abatement Order and with all applicable laws, permits or other approvals of the federal, state or local governments in any and all actions taken pursuant to or in order to comply with the Compliance Order, including, without limitation, the payment of all applicable permit fees. (Ord. 2009-396 §1)

If a Compliance Official determines that compliance with the Nuisance Abatement Order has been achieved, the Compliance Official shall notify the responsible party and file a report with the Hearing Officer or City Council indicating that compliance has been achieved and the date of the City's final inspection of the property. (Ord. 2009-396 §1)

A. If the City Attorney does not file a Compliance Report pursuant to Section 8.50.220, any person subject to a Nuisance Abatement Order who believes that compliance has been achieved may request a Compliance Hearing before the Hearing Officer by filing written request for a hearing with the Building Permit Technician.

B. The hearing shall be conducted in the same manner as provided for in Section 8.50.150.

C. The Hearing Officer shall determine if compliance with the Nuisance Abatement Order has been achieved and, if so, when achieved.

D. The decision of the Hearing Officer is final. (Ord. 2009-396 §1)

If no appeal to the City Council is filed pursuant to Section 8.50.190, or if no action has been filed in the Superior Court contesting the Nuisance Abatement Order of the City Council, the City Clerk shall record a copy of the Nuisance Abatement Order with the County Recorder of Santa Barbara County. When compliance is achieved, the City Clerk shall record a release of the Order. (Ord. 2009-396 §1)

Article IV City Abatement—Cost Recovery—Special Assessment—Property Lien

If the responsible party fails or neglects to remove or otherwise take action to abate the public nuisance or correct the violation within the time specified in a Compliance Order or Nuisance Abatement Order, a Compliance Official, through City employees or private contractor, shall cause such nuisance to be abated. The Compliance Official shall keep, maintain and file with the Hearing Officer a report of the proceedings and an accurate account of the abatement costs, including the salvage value, on each separate property. (Ord. 2009-396 §1)

A. Upon receipt of the report, the Building Permit Technician shall set the report and account for hearing by the Hearing Officer. The Building Permit Technician shall fix a time, date and place for hearing and confirmation of said report, and any protests or objections thereto. The Building Permit Technician shall cause notice of said hearing to be posted on the property involved, published at least once in a newspaper of general circulation in the City of Guadalupe, and served by certified, return receipt requested, postage prepaid, addressed to the property owner as his or her name appears on the last equalized assessment roll or as known to the Building Permit Technician. The notice shall be given at least 10 calendar days prior to the date of hearing and shall specify the time, date and place of hearing when the Hearing Officer will consider the report and accounting of a Compliance Official, together with any protests or objections thereto which may be filed by any party interested in or affected by the proposed charge.

B. At the time and place of the hearing, the Hearing Officer shall hear and pass upon the report of a Compliance Official together with any objections or protests. The Hearing Officer may make revisions, corrections or modifications in the report or charges as it may deem just; and when the Hearing Officer is satisfied with the correctness of the charges and the report, they shall be final and conclusive. (Ord. 2009-396 §1)

A. Unless paid within 30 calendar days following the adoption of the Hearing Officer resolution confirming the costs of abatement, the total cost for abating such nuisance, as confirmed by the Hearing Officer, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a Notice of Lien, as so made and confirmed shall constitute a special assessment on the property for the amount of the assessment. The assessment shall be collected at the same time and in the same manner as ordinary real estate taxes. The Hearing Officer may provide for the collection of such assessment in not more than 5 annual installments. The payment of assessments so deferred shall bear interest at the rate of 18% per annum.

B. The Building Permit Technician shall give written notice to the owner of the imposition of the special assessment by United States mail, postage prepaid, at the time of imposing the assessment. The notice shall contain the following information:

1. That the property may be sold after 3 years by the tax collector for unpaid delinquent assessments and that the tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.

   2. That the assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

   3. That if the property is sold to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date to which the first installment of taxes would become delinquent, the cost of abatement shall not be a lien against the real property, but shall be transferred to the unsecured roll for collection.

(Ord. 2009-396 §1; Ord. 2015-436 §1)

A. As an alternative, and in addition to, the special assessment provided for in Section 8.50.270, the Hearing Officer may impose a nuisance abatement lien on the property subject to the abatement proceedings. Prior to the recordation of the lien, notice shall be given to the owner of the property. Service of notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.1) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If, after diligent search, the owner cannot be found, the notice may be served by posting a copy in a conspicuous place on the property for a period of 10 calendar days and publication thereof in a newspaper of general circulation published in the County in which the property is located pursuant to Government Code Section6062.

B. The nuisance abatement lien shall contain the following information:

1. The name and address of the recorded owner of the parcel;

2. The amount of the lien;

3. The name of the City of Guadalupe as the agency on whose behalf the lien is imposed;

4. The date of the Nuisance Abatement Order and/or Compliance Order; and

5. The street address, legal description, and assessor's parcel number of the parcel on
which the lien is imposed.

C. The nuisance abatement lien shall have the same force, effect and priority as a judgment lien, and may be foreclosed in the same manner as a money judgment.

D. The City of Guadalupe shall record a notice of discharge of the nuisance abatement lien, in the event it is released or satisfied through payment or foreclosure. The notice of discharge shall contain the information contained in subsections (B)(1) through (5) of this section.

E. The City of Guadalupe 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 any foreclosure action to enforce the lien. (Ord. 2009-396 §1)

Administrative penalties and abatement costs incurred by the City are a personal debt and obligation owed to the City and, in addition to any other means of enforcement, the City Attorney is authorized to bring an action against the responsible party or parties for collection of administrative penalties and abatement costs in any court of competent jurisdiction. (Ord. 2009-396 §1)

Any person who fails to remit payment to the City of any penalty or cost or other charge required to be paid by the City pursuant to a Compliance Order or Nuisance Abatement Order under this chapter on or before the date the penalty, cost or other charge is due, shall in addition to the amount of the penalty, cost or other charge, pay interest on the amount due at the rate of 18% per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the City. (Ord. 2009-396 §1; Ord. 2015-436 §1)

Violation of any of the provisions of the chapter shall be a misdemeanor, punishable as provided in Chapter 1.08 of this code. (Ord. 2009-396 §1)