Loomis Municipal Code Art. III Lien Procedure (CA)

§ 7.04.160. Record of costs of abatement.¶

The town manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the town and shall render an itemized report in writing to the town council showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto; provided that before said report is submitted to the town council, a copy of the same shall be posted for at least five days upon such property, together with a notice of the time when said report shall be heard by the town council for confirmation. A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of Section 7.04.050 at least five calendar days prior to submitting the same to the town council. Proof of said posting and service shall be made by affidavit filed with the town clerk.

(Ord. 59 Art. 3 § 1, 1988)

Exceptions & meaning →

§ 7.04.170. Assessment lien.¶

The total cost for abating such nuisance, as so confirmed by the town 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 recorder or a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

After such confirmation and recordation, a certified copy of the council's decision shall be filed with the Placer County auditor-controller on or before August 1st of each year, whereupon it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and 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 procedure 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.

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

Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN
(Claim of Town of Loomis)
Pursuant to the authority vested by the provisions of Article Two of Ordinance No. 59 [Section 7.04.120 ], the Town Manager of the Town of Loomis did on or about the _______ day of , 20, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said property; and the Town Council of the Town of Loomis did on the _______ day of , 20, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said Town of Loomis does hereby claim a lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $_______; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the Town of Loomis, County of Placer, State of California, and particularly described as follows:
(Description)
Dated this _______day of , 20.
____________________ Town Manager, Town of Loomis

(Ord. 59 Art. 3 § 2, 1988)

Exceptions & meaning →