Hollister Municipal Code Ch. 8.32 Nuisances

The ordinance codified in this chapter shall hereafter be referred to and cited as the Property Maintenance Law of the city.

(Prior code § 3A-1; Ord. 892, § 1, 1997)

The city council finds and determines that the existence of any condition constituting a public nuisance, as defined herein, is injurious and inimical to the public health, safety and general welfare, diminishes property values and degrades the quality of life within the city. The purpose of this chapter is to protect the public from health and safety hazards resulting from the neglect, misuse or deterioration of property, to preserve property values, and to maintain the social and economic viability of the community.

(Prior code § 3A-2; Ord. 892, § 1, 1997)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

Administrative hearing officer, hearing officer or officer means the person with experience in considering written and oral evidence, making findings, and issuing determinations who is appointed by city to conduct hearings under this chapter.

Attractive nuisance means any condition, machine or instrumentality which is unsafe or unprotected and thereby dangerous to young children, and which may reasonably be expected to attract young children to the property and to risk injury by playing with, in or on it.

Blighting means any property or its condition which constitutes a public nuisance or adversely affects neighboring properties or which is detrimental to the health or safety of individuals residing within the community.

Boarding house means a residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental agent is in residence. Notwithstanding this definition, no single-family residence lawfully operating pursuant to a state license under the California Health and Safety Code, or that is otherwise exempt from local zoning regulations based on federal law, shall be considered a boarding or rooming house for purposes of this code.

City means the city of Hollister, its boards and commissions, and its officers, employees or agents.

City codes means the Hollister Municipal Code ("this code"), or any other code, ordinance or implementing resolution adopted by the city council.

Code enforcement official means any person designated by the city manager or authorized by law to enforce the provisions of city codes or state law.

Occupant means and includes but is not limited to the owner, the owner's agent or employee, a lessee, the lessee's agent or employee, a tenant, the tenant's property within the jurisdiction of the city, or any other individual having charge or control over the operation or management of the property. If the owner is the occupant of the property, provisions relating to the owner and the occupant shall be treated as relating to one person.

Owner means the owner of record as shown on the last equalized assessment roll of the county. For purposes of providing notice to an owner of any action or proceeding under this chapter, "owner" includes the actual owner of record, or such owner's agent, employee or other legal representative.

Person

means any person, firm, partnership, association, corporation, organization or entity of any kind, or such person's authorized representative.

Property

means and includes any grounds, lot, parcel, tract or other piece of land, as well as any building, structure or other appurtenance located thereon.

Public

nuisance means any activity or condition which violates any provision of a city code, or anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to unreasonably interfere with the comfortable enjoyment of life or property by the occupant(s) of adjacent or neighboring property or by any number of persons in the city irrespective of whether the annoyance or damage inflicted upon individuals is unequal.

Substandard

properties means any property which is in such condition as to threaten health or safety, depreciate values, impair investments and/or cause substantial diminution of property rights of adjacent properties. Examples of such conditions are set forth in Section 8.32.060 of this chapter, describing prohibited activities and unlawful conditions.

(Prior code § 3A-3; Ord. 892, § 1, 1997; Ord. 1003, § 1, 2006; Ord. 1010, § 1, 2006)

A. It is declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the city, or any other person, to cause, or to permit, or to maintain any prohibited activity or unlawful condition or an attractive nuisance thereon as described in this chapter.

B. The city council shall have the power to declare by resolution or ordinance that a particular activity or condition other than and in addition to those described herein shall constitute a public nuisance subject to abatement.

(Prior code § 3A-4; Ord. 892, § 1, 1997)

The administration and enforcement of this chapter shall be the responsibility of the code enforcement official, who shall perform all duties in the manner authorized by law.

(Prior code § 3A-5; Ord. 892, § 1, 1997)

A. It is unlawful for any person owning, leasing, occupying or having charge or possession of any property in the city, or any other person, to cause, or to permit, or to maintain thereon the following:

1. The accumulation of junk, debris, garbage, lumber, tires, household appliances or parts thereof, inoperable vehicles or parts thereof, furniture, sinks, toilets, cabinets, or other household fixtures, equipment of parts thereof, piles of earth, or scrap metal or salvage materials, unless stored within an entirely closed space;

2. Inadequately maintained landscaping, which shall include areas with overgrown vegetation, or dead or diseased trees, shrubs or other vegetation, which create a fire hazard, or are dangerous to the public health, safety and welfare, or interfere with the flow of vehicular or pedestrian traffic, or obstruct visibility in the public right-of-way;

3. The storage of trash, garbage or refuse cans, boxes or other such containers in front or side yards visible from the public right-of-way, except when placed for collection pursuant to the provisions of city codes;

4. Maintenance or use of premises which, by reason of vibrations, noise, dust, odor or other effects caused by the unreasonable use of the premises, diminish the livability, enjoyment, use or property values of neighboring properties;

5. Automobiles, boats, dismounted campers, or other vehicles or equipment, which are not regulated by Section 15.12.020, that are permanently parked or stored on property used or zoned for residential purposes, unless parked or located on a paved driveway or off-street parking space approved and/or installed pursuant to city codes or in an area lawfully screened from view from all adjacent public rights-of-way;

6. Buildings, structures or their appurtenances which are deemed to be substandard, or a public nuisance, or were constructed or altered without required approvals or permits, or whose condition is in violation of any provision of city codes;

7. Building exteriors, windows, walls, fences, driveways, walkways or sidewalks which are cracked, broken, defective, deteriorated, or in disrepair to the extent they threaten the public health, safety or welfare or constitute a blighting condition;

8. Buildings or structures which are abandoned, boarded up, partially destroyed, or partially constructed after building permits have expired;

9. Swimming pools, ponds or other bodies of water which are abandoned, unattended, unfiltered or otherwise not maintained;

10. The maintenance of signs or sign structures relating to uses no longer conducted or products no longer sold, or signs in violation of state law or city codes;

11. Land, the topography, geology or configuration of which, whether in a natural state or as a result of grading operations, excavation or fill, causes erosion subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties;

12. A violation of any provision of city approvals or codes;

13. The accumulation or storage of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts, on private or public property not specifically identified for such use, or otherwise stored in violation of any provision of city codes;

14. Disposal or presence of oil, grease, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid or solid waste in such a manner as to constitute a health, fire or environmental hazard, or which degrades the appearance of or detracts from the aesthetic and property values of neighboring properties;

15. The presence of graffiti in violation of city codes;

16. The existence or maintenance of a labor camp or boarding house in a residential area not zoned for such use or in such a manner as to constitute a public nuisance;

17. The existence or maintenance of an open pit, ditch, well hole or any other type of subgrade opening which is inadequately fenced, covered or shored;

18. Operation of a home occupation without a permit;

19. The storage of any vehicle, camper, trailer or boat in such a manner as to obstruct, impede or interfere with the safe or lawful use of a sidewalk, alley or other public right-of-way.

B. It is unlawful for any person owning, leasing, occupying, or having charge or possession of any property in the city to fail or refuse to remove from any sidewalk, alley, or other public right-of-way abutting or adjoining such property, all loose earth, mounds of soil, dry or dead vegetation, tin cans, abandoned asphalt or concrete, rubbish, refuse and waste material of any kind, or any other unsanitary substance, object or condition which may endanger or injure neighboring property or the health, safety or welfare of the residents in the vicinity of such property, or which may obstruct such sidewalk, alley, or other public right-of-way and thereby endanger or injure persons traveling thereon.

(Prior code § 3A-6; Ord. 892, § 1, 1997; Ord. 1003, § 2, 2006)

Whenever necessary to make an inspection to enforce any of the provisions of city codes, or when any code enforcement official has reasonable cause to believe that there exists upon any property a condition or violation which makes such property unsafe or constitutes a public nuisance, or whenever necessary to abate a nuisance, the code enforcement official, or his or her duly authorized representative, may enter such property at all reasonable times to inspect the same or to perform any action authorized to be taken pursuant to the provisions of this chapter. If the property is occupied, the code enforcement official shall first present proper credentials and request entry; and if such property is unoccupied, the city official shall first make a reasonable effort to locate the owner or occupant of the property and request entry. If entry is refused, or cannot be obtained, the code enforcement official, or his or her duly authorized representative, shall have recourse to every remedy authorized by law to secure entry, or to abate the nuisance, including an inspection/abatement warrant issued by any court having jurisdiction.

(Prior code § 3A-7, Ord. 892, § 1, 1997)

Whenever the code enforcement official has inspected or caused to be inspected any property and has determined that an unlawful condition constituting a public nuisance exists thereon, the code enforcement official may use the procedures set forth in this chapter for the abatement of such public nuisance, or any other procedure authorized by law; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property as to require immediate removal, repair or demolition, the code enforcement official may initiate summary abatement procedures pursuant to this chapter.

(Prior code § 3A-8; Ord. 892, § 1, 1997)

A. If in the reasonable opinion of the code enforcement official there exists a condition which constitutes an imminent threat of serious injury or harm to any persons or property that is likely to occur during the pendency of abatement proceedings, such official may cause the condition to be summarily abated in accordance with the following procedure.

1. The code enforcement official shall attempt to contact the owner or occupant of the property to notify the responsible individual that the condition must be immediately abated so as to eliminate the imminent threat of serious injury or harm.

2. If the code enforcement official is unable to make contact, or if after contact the owner or occupant does not take action within the prescribed time, the code enforcement official is authorized to take all actions deemed necessary to remove, repair or isolate such dangerous condition(s), utilizing the city's own forces or private contract, or any combination thereof.

3. The code enforcement official shall keep an itemized account of the costs incurred by the city in abating the public nuisance. Such costs may be recovered by the city in the same manner that abatement costs are recovered pursuant to this chapter or pursuant to applicable provisions of city codes.

B. Nothing in this chapter shall prevent public safety officials from taking such actions in emergency situations as they may deem necessary or appropriate in order to protect the public health, safety and general welfare.

(Prior code § 3A-9; Ord. 892, § 1, 1997)

A. Whenever the code enforcement official determines that a violation of any provision of city codes or this chapter is occurring or exists, the official may issue a written compliance order to any person responsible for the violation.

B. A compliance order issued pursuant to this chapter shall contain the following information:

1. The date and location of the violation;

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

3. The actions required to correct the violation;

4. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;

5. Either a copy of this chapter or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeal process.

(Prior code § 3A-10; Ord. 892 § 1, 1997)

A. Where any provision of this chapter requires the service of any notice or order, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.

B. Where real property is involved, written notice shall be mailed to the property owner at the address as shown on the last equalized county assessment roll.

C. Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order shall be conspicuously posted at the property which is the subject of the order.

D. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter.

(Prior code § 3A-11; Ord. 892, § 1, 1997)

A. If the code enforcement official determines that all rotations have been corrected within the time specified in the compliance order, no further action shall be taken.

B. If full compliance is not achieved within the time specified in the compliance order, the official shall advise the development services director to set a hearing before the board.

C. The development services director shall cause a written notice of the hearing to be served on the violator and, where real property is involved, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized county assessment roll available on the date the notice is prepared.

(Prior code § 3A-12; Ord. 892, § 1, 1997; Ord. 1010, § 2, 2006)

A. Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the administrative hearing officer.

B. Each hearing shall be set for a date not less than 15 days nor more than 60 days from the date of the notice unless the code enforcement official determines that the matter is urgent or that good cause exists for an extension of time.

C. This hearing serves to provide the full opportunity of a person subject to a compliance order to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any person subject to a compliance order, pursuant to this chapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies.

(Prior code § 3A-13; Ord. 892, § 1, 1997; Ord. 1010, § 3, 2006)

A. At the place and time set forth in the notice of hearing, the administrative hearing officer shall conduct a hearing on the compliance order issued pursuant to this chapter.

B. The officer shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance by the violator or by the real property owner.

C. Within a reasonable time following the conclusion the hearing, the officer shall make findings and issue its determination regarding:

1. The existence of the violation;

2. The failure of the violator or owner to take required corrective action within the required time period.

D. The officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

E. If the officer finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the officer shall issue an administrative order.

F. If the officer finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the officer shall issue a finding of those facts.

(Prior code § 3A-14; Ord. 892, § 1, 1997; Ord. 1010, § 4, 2006)

If the administrative hearing officer determines that a violation occurred which was not corrected within the time period specified in the compliance order, the officer shall issue an administrative order which imposes any or all of the following:

A. An order to correct, including a schedule for correction where appropriate;

B. An order authorizing the city to abate the nuisance where appropriate;

C. Administrative penalties;

D. Administrative costs.

(Prior code § 3A-15; Ord. 892, § 1, 1997; Ord. 1010, § 5, 2006)

A. The administrative hearing officer may impose administrative penalties for the violation of any provision of city codes in an amount not to exceed a maximum of $1,000.00 per day for each ongoing violation, except that the total administrative penalty shall not exceed $100,000.00 exclusive of administrative costs, interest and restitution for compliance reinspections, for any related series of violations.

B. In determining the amount of the administrative penalty, the officer may take any or all of the following factors into consideration:

1. The duration of the violation;

2. The frequency, recurrence and number of violations, related or unrelated, by the same violator;

3. The seriousness of the violation;

4. The good faith efforts of the violator to achieve compliance;

5. The economic impact of the penalty on the violator;

6. The impact of the violation on the community;

7. Such other factors as justice may require.

C. Administrative penalties imposed by the officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the code enforcement official or the officer.

D. The officer, in his or her discretion, may suspend the imposition of applicable penalties for any period of time which:

1. The violator has filed for necessary permits; and

2. Such permits are required to achieve compliance; and

3. Such permit applications are actively pending before the city, state or other appropriate governmental agency.

E. Administrative penalties assessed by the officer shall be due by the date specified in the administrative order.

F. Administrative penalties assessed by the officer are a debt owed to the city and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien against the real property on which the violation occurred.

G. If the violation is not corrected as specified in the officer's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum set forth in this chapter.

H. If the violator gives written notice to the code enforcement official that the violation has been corrected and if the code enforcement official finds that compliance has been achieved, that official shall deem the date the written notice was postmarked or personally delivered to the official or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the code enforcement official, the violation will be deemed corrected on the date of the final inspection.

(Prior code § 3A-16; Ord. 892, § 1, 1997; Ord. 1010, § 6, 2006)

A. The administrative hearing officer shall assess administrative costs against the violator when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

B. The administrative costs may include any and all costs incurred by the city in connection with the matter before the hearing officer including, but not limited to, costs of investigation, costs or fees of the hearing officer, staffing costs incurred in preparation for the hearing and for the hearing itself, costs for all reinspections necessary to monitor or enforce the compliance order or administrative order, and if applicable, the costs of abatement, and attorneys' fees to the extent authorized by law.

C. If the city informs the officer of its intent to recover attorneys' fees prior to or on the date set for the hearing, the officer shall award attorneys' fees to the prevailing party. In no event shall an award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the proceeding.

(Prior code § 3A-17; Ord. 892, § 1, 1997; Ord. 1010, §§ 7, 8, 2006)

Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the administrative hearing officer may be enforced as:

A. A personal obligation of the violator; and/or

B. If the violation is in connection with real property, a lien upon the property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.

(Prior code § 3A-18; Ord. 892, § 1, 1997; Ord. 1010, § 9, 2006)

Any person aggrieved by an administrative order or decision of the administrative hearing officer may obtain review of the administrative order or decision in the Superior Court by filing with the court a petition for writ of mandate in accordance with Section 1094.6 of the Code of Civil Procedure of the state of California.

(Prior code § 3A-19; Ord. 892, § 1, 1997; Ord. 1010, § 9, 2006)

The city may collect administrative penalties and costs by use of all available legal means and remedies, including without limitation recordation and foreclosure of a lien pursuant to this chapter, or by means of alternative lien procedures authorized by city codes or state law.

(Prior code § 3A-20; Ord. 892 § 1, 1997)

If the code enforcement official determines that compliance has been achieved after a compliance order has been sustained by the administrative hearing officer, the official shall file a report indicating that compliance has been achieved.

(Prior code § 3A-21; Ord. 892, § 1, 1997; Ord. 1010, § 10, 2006)

A. If the code enforcement official does not file a compliance report, a violator who believes that compliance has been achieved may request a compliance hearing before the administrative hearing officer by filing a request for a hearing with the development services director.

B. The hearing shall be noticed and conducted in the same manner a hearing on a compliance order as provided in this chapter.

C. The officer shall determine if compliance has been achieved and, if so, when it was achieved.

(Prior code § 3A-22; Ord. 892, § 1, 1997; Ord. 1010, § 11, 2006)

If ordered by the administrative hearing officer, and/or if undertaken pursuant to court order, in addition to any other available legal or equitable remedies, the city is authorized to abate a public nuisance by city forces or private contract and the city and its agents are expressly authorized to enter the premises for such purpose.

(Prior code § 3A-23; Ord. 892, § 1, 1997; Ord. 1010, § 12, 2006)

A. Whenever a nuisance is abated by city forces or private contract, the costs and expenses of such abatement shall be charged against the owner of the property which is the subject of the abatement proceeding.

B. The code enforcement official shall keep an accounting of all costs and incidental expenses incurred by the city in connection with the abatement of a public nuisance by city forces or private contract, and shall submit an itemized report of abatement costs to the administrative hearing officer for confirmation. The report of abatement costs, and a notice of the time and place when a hearing will be conducted by the officer to consider confirmation of such report, shall be served by the development services director upon the property owner at least ten days prior to the scheduled date of the hearing. The officer, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of costs.

C. The failure of any person who has been served with notice pursuant to this chapter to appear at the hearing shall constitute a failure to exhaust administrative remedies.

(Prior code § 3A-24; Ord. 892, § 1, 1997; Ord. 1010, § 13, 2006)

A. Whenever the amount of any administrative penalty and/or administrative cost imposed by the administrative hearing officer pursuant to this chapter in connection with real property has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or special assessment against the real property on which the violation occurred.

B. The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the resolution imposing the lien shall have the force and elect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

C. Interest shall accrue on the principal amount of the order or judgment remaining unsatisfied pursuant to law.

D. Prior to recording any such lien, the code enforcement official shall prepare and file with the city clerk a report stating the amounts assessed by the board which remain due and owing.

E. The city clerk shall fix a time, date and place for hearing any protests or objections to the imposition of a lien by the city council.

F. The city clerk shall cause written notice to be served on the property owner not less than ten days prior to the date set for the hearing.

(Prior code § 3A-25; Ord. 892, § 1, 1997; Ord. 1010, § 14, 2006)

A. Any person whose real property is subject to a lien as a result of proceedings under this chapter may file a written protest with the city clerk and/or may protest orally at the city council meeting.

B. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

C. Following the hearing, any lien levied against real property shall be approved by resolution of the city council in the manner provided herein.

(Prior code § 3A-26; Ord. 892, § 1, 1997)

Thirty days following the adoption of a resolution by the city council imposing a lien, the city clerk shall file the same as a judgment lien or tax lien in the office of the county recorder of San Benito, California. The lien may carry such additional administrative charges as set forth by resolution of the city council.

(Prior code § 3A-27; Ord. 892, § 1, 1997)

Once payment in full is received by the city for outstanding penalties and/or costs, the city clerk shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the city's lien.

(Prior code § 3A-28; Ord. 892, § 1, 1997)

A. Pursuant to Section 38773.1 of the Government Code, an administrative order for the collection of abatement costs or penalties may be levied by the city council as a nuisance abatement lien against the property on which the nuisance was abated. In such event, notice of intent to record such lien shall be served upon the owner of the property, as shown by the latest available county assessment roll, in the same manner as service of a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4, Title 5, Part 2 of the Code of Civil Procedure. If the property owner, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation in the city.

B. The notice shall specify the time, date and place for hearing any protests or objections to the imposition of a lien by the city council.

C. Following the adoption of a resolution by the city council imposing the lien, the city clerk shall cause the same to be recorded in the office of the county recorder of San Benito County, California, and from the date of recording, the nuisance abatement lien shall have the force, effect and priority of a judgment lien and shall continue in effect until discharged by the city. The lien may carry such additional administrative charges as set forth by resolution of the city council.

D. The nuisance abatement lien recorded pursuant to this section shall identify the city as the agency for whose benefit the lien is established, the amount of the lien, the date of the order for abatement of the nuisance, the date of the order for collection of abatement costs, the address, legal description and assessor's parcel number of the property on which the lien is imposed, and the name and address of the recorded owner of the property.

E. The nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorneys' fees, shall be added to the amount of the lien and shall be secured thereby.

F. Upon payment or other satisfaction of the abatement lien, a notice of discharge shall be prepared and recorded by the city clerk in accordance with applicable provisions of this code and state law.

(Prior code § 3A-29; Ord. 892, § 1, 1997)

A. As an alternative to any other lien described in this chapter or authorized by law, an administrative order for the collection of abatement costs or penalties may be levied by the city council as a special assessment against the real property on which the violation occurred, pursuant to Section 38773.5 of the Government Code and applicable provisions of this chapter. In such event, notice of intent to record such lien shall be served upon the owner of the property, if the property owner's identity can be determined from the county assessor's or county recorder's records, by certified mail not less than ten days prior to the time set for hearing. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

B. A certified copy of the resolution imposing the lien shall be transmitted to the county tax assessor and tax collector, whereupon the tax assessor and tax collector shall add the amount of the lien as a special assessment on the next regular bill for real estate taxes levied against the property identified in the resolution. Thereafter, the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes.

(Prior code § 3A-30; Ord. 892, § 1, 1997)

The procedures set forth in this chapter are not exclusive and do not, in any manner, limit or restrict the city in the enforcement of other city ordinances or the abatement of public nuisances in any manner provided by law. Nothing in this chapter shall limit or prevent the city from initiating a criminal or civil action to abate a public nuisance, in addition to, or as an alternative to administrative abatement proceedings, or from recovering the costs and expenses of abatement by means of an administrative or judicial proceeding, or by any other remedy or procedure authorized by law. The provisions of this chapter may be enforced by injunction issued by the Superior Court upon a suit brought by the city.

(Prior code § 3A-31; Ord. 892, § 1, 1997)