Imperial Municipal Code Art. III Cost Recover Procedure

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

(a) The applicable abatement official including, without limitation, the fire
marshal, the building official (nuisance abatement, or code enforcement
officer, or their designee or representative), shall keep an account of the
cost, including incidental expenses, of abating such nuisance one ach
separate lot or parcel of land where work is performed by the city or
private contractor. An “itemized statement of costs” shall be rendered in
writing to the city council showing the cost of abatement, including
rehabilitation, demolition or repair of said property, including any salvage
value relating thereto.

(b) Before an “itemized statement of costs” is submitted to the city council, a
copy of said statement and notice shall be served on the appellant and
upon owners of said property, if the owners are not the appellant, in
accordance with the provisions of section 14-10 at least ten (10) calendar
days prior to submitting the report to council. Proof of posting and service
shall be made by affidavit or declaration under penalty of perjury filed
with the city clerk.

abatement action may file written protest to the applicable abatement official including, without limitation, the fire marshal, the building officials (nuisance abatement/code enforcement officers, or their designees or representatives) “itemized statement of costs” with the city clerk at any time prior to the time set for hearing. The city clerk shall endorse each protest or objection received and shall present such protest or objections to council at the time set for the hearing. No other protests or objections shall be considered.

14-19 Hearing of Protests. At the day and hour fixed for the hearing of protests and objections, the city council shall hear and act on the building official’s “itemized statement of costs” and on protests or objections of those liable to be assessed for the cost of abatement. The city council may make revisions or corrections to the statement as it deems just and thereafter shall confirm the statement by motion or resolution. The decision of the city council on all protests and objections which may be made regarding the statement shall be final and conclusive.

section 38773 and 38773.5, the city council shall thereupon order that all costs included in the confirmed “itemized statement of costs” constitute a lien against the property to which it relates and that all such costs be made a personal obligation against the property owner.

14-21 Assessment Lien.

(a) The total cost for abating such nuisance, as confirmed by the city council,
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

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

recorder of a “notice of lien,” as so made and confirmed, shall constitute a
lien on said property for such assessment.

(b) After such confirmation and recordation, a certified copy of the confirmed
“itemized statement of costs” shall be filed with the Imperial County
auditor-controller on or before August 1 of each year. It shall be the duty
of the auditor-controller to add the amounts of the respective assessments
to the next regular tax bills levied against said lots and parcels of land for
municipal purposes.

Thereafter, said amounts 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 procedures and sale in case of
delinquency as provided for ordinary municipal taxes. All laws applicable
to the levy, collection and enforcement of municipal taxes shall be
applicable to such special assessment.

(c) In the alternative, after such recordation, such lien may be foreclosed by
judicial or other sale in the manner and means provided by law.

(d) A “notice of lien” for recordation shall be provided according to a
standard format kept on record by the code enforcement officer.

not satisfied through the procedures of this article may be collected on behalf of the city by the city attorney or the city attorney’s designee using the appropriate legal remedies.