Guadalupe Municipal Code Art. 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 Section 6062.

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)