Article VI — COSTS OF ABATEMENT

provisions of this chapter, and into which shall be paid the receipts from the collection of costs as

hereinafter set forth.

chapter, and of the proceeds of the sale of any materials connected therewith. The accounting of costs shall include attorney's fees, if applicable, and shall include all chargeable enforcement costs.

manner as surplus County personal property is sold, and the proceeds from such sale shall be paid into the revolving fund.

abatement bids.

(Ord. No. 2927, § 1, 7-13-2010; Ord. No. 2982, § 8, 12-4-2012)

reasonable determination that a nuisance exists, as described in Article I herein through the date that all code violations are corrected except that enforcement costs for repeat offenders will be calculated from the time that an enforcement officer determines that a code violation exists. Costs shall include, but not be limited to, all costs of mailing and all administrative costs associated with inspection, investigation, and preparation of the nuisance enforcement action.

time that an Enforcement Officer determines that a code violation exists.

After investigating allegations that a property owner, occupier, or beneficial owner is

responsible for more than one substantially similar code violation in a twelve-month period, as measured from the reinspection date of the previous violation, the Enforcement Official will notify the repeat offender of the existence of the repeated code violation, the reinspection date, that the County will charge the repeat offender for enforcement costs associated with the enforcement action commencing on the date of notice and that the repeat offender may file an appeal of the assessed costs pursuant to this chapter.

In any action, administrative proceeding or special proceeding to civilly abate a

nuisance, attorney's fees may be recovered by the prevailing party. Recovery of attorney's fees by the prevailing party is limited to those actions or proceedings in which the County elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the County in the action or proceeding.

(Ord. No. 2927, § 1, 7-13-2010; Ord. No. 2982, § 9, 12-4-2012)

specifying the work done, an itemized account of the costs and receipts of performing the work, an address, legal description or other description sufficient to identify the premises, the amount of the

assessment proposed to be levied against the premises, and the time and place when and where the enforcement official will submit the account to the Board for confirmation.

provided in Section 13-6.2 hereof. The notice shall contain a statement that the Board will hear and consider objections and protests to said account and proposed assessment.

(Ord. No. 2927, § 1, 7-13-2010)

assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed account and assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part or as modified and revised. The determination of the Board as to all matters contained therein shall be final and conclusive.

(Ord. No. 2927, § 1, 7-13-2010)

Upon confirmation by the Board, the Enforcement Official shall cause to be prepared

and recorded in the office of the County Recorder of the County of Lake, a Notice of Lien. Said Notice shall contain the following:

a.

An address, legal description or other description sufficient to identify the premises.

b.

A description of the proceeding under which the special assessment was made including the order of the Board confirming the assessment.

c.

The amount of the assessment.

d.

A claim of lien upon the described premises.

described premises. Such lien shall be upon a parity with the liens of State and County taxes.

amount of the lien on the assessment roll as special assessments. Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of

delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.

As an alternative to the collection process specified in subsections 43.1

through 43.3 hereinabove, the property owner may enter into a Code Enforcement Debt Reduction Agreement with the Lake County Treasurer-Tax Collector. The agreement shall provide for a monthly payment plan with a maximum term of sixty (60) months. If the property owner-debtor defaults on the payment plan, the outstanding balance shall be enforced in accordance with subsection 43.3 hereinabove.

Alternatively, the Board of Supervisors may direct the Enforcement Official to prepare and

issue a statement of abatement costs. If payment of the amount demanded in the statement of abatement costs is not received within thirty (30) days, the Enforcement Official shall refer the debt to a collection agency licensed by the State of California in accordance with California Government Code Section 26220(a), and as may be amended.

(Ord. No. 2927, § 1, 7-13-2010; Ord. No. 2982, §§ 10—13, 12-4-2012)

which may be prosecuted as an alternative to other remedies contained herein, and which is punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or both such fine and imprisonment.

misdemeanor.

(Ord. No. 2927, § 1, 7-13-2010; Ord. No. 2982, § 14, 12-4-2012)