Mountain House Municipal Code Ch. 5 Recovery of Abatement Costs

The City shall be reimbursed for all time, material, contracting agent's costs, and any other costs necessary to abate weeds, rubbish, and/or debris.

(Ord. 2024-23, § 1(Exh. A), 2024)

A statement of expenses shall be developed and kept by the City Manager. The statement of expenses shall be an itemized statement explaining all costs incurred by the City in abating the Weeds, Rubbish, and Debris for each property identified in the resolution, which may include costs incurred by the City for investigations, boundary determinations, measurement, abatement, and clerical work related to the abatement of the public nuisance. Based on the statement of expenses, the City Manager shall prepare a written report stating the enforcement and abatement costs incurred for each property. A statement shall be sent to each property owner outlining the expenses incurred and the amount to pay to the City for the abatement.

(Ord. 2024-23, § 1(Exh. A), 2024)

Before the City Manager's report is presented to the Council, a copy of the report shall be posted for at least three (3) days on or near the Council's meeting room with a notice of when the report will submitted to the Council for confirmation. Copies of the report and the notice shall also be mailed to the owner of each property identified in the report, using the owner's name and address as it appears on the latest equalized assessment roll, at least fifteen (15) days prior to the meeting.

(Ord. 2024-23, § 1(Exh. A), 2024)

At the time fixed receiving and considering the report, the City Council shall hear it as well as any objections of any of the property owners liable to be assessed for the work of abatement.

(Ord. 2024-23, § 1(Exh. A), 2024; Ord. 2025-02, § 28, 2025)

After hearing the report, the Council may make any modifications to the report as it deems necessary, after which, by resolution should confirm the report.

(Ord. 2024-23, § 1(Exh. A), 2024)

The amount of the costs for the abatement of the nuisance assessed to each property identified in the City Manager's report as confirmed and the costs incurred by the City in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs, shall constitute special assessments against the respective parcels, and are a lien on the property for the amount of the respective assessments. Such lien attaches upon recordation in the office of the San Joaquin County Recorder of a certified copy of City Manager's report and the 'Council's resolution confirming the report.

(Ord. 2024-23, § 1(Exh. A), 2024)

Upon confirmation of the City Manager's report by the City Council, the City shall submit certified copies of the City Manager's report and the City Council's resolution confirming the report to the County Recorder's Office for recordation.

(Ord. 2024-23, § 1(Exh. A), 2024; Ord. 2025-02, § 29, 2025)

The assessment may be collected at the same time and in the same manner that property taxes are collected, and are subject to the same penalties and the same procedures and sale in case of delinquency as provided for county property taxes.

(Ord. 2024-23, § 1(Exh. A), 2024)

On or before the next August 10 of the following City Council's confirmation of the City Manager's report, the City shall file copies of the City Manager's report and the City Council's resolution confirming the report with the San Joaquin County Auditor for entry of the assessments on the county tax roll. The auditor shall enter the amounts of the respective assessments against the respective parcels as they appear on the current assessment roll.

(Ord. 2024-23, § 1(Exh. A), 2024; Ord. 2025-02, § 30, 2025)

Any portion of a special assessment, penalty or costs imposed by this Division shall be canceled or refunded upon order of the Council if it was entered, charged, or paid:

(a) More than once;

(b) Through clerical error;

(c) Through the error or mistake of the Council or City Manager or his or her designee with respect to any material fact, including the case where the cost report rendered and confirmed as hereinbefore provided shows the country abated the weeds but such is not the actual fact;

(d) Illegally; or

(e) On property acquired after the lien date by the State or by any county, city, school district or other political subdivision and because of this public ownership not subject to sale for delinquent taxes.

(Ord. 2024-23, § 1(Exh. A), 2024)

No order for a refund under the foregoing Section shall be made except on a claim:

(a) Made by the person who paid the special assessment, his or her guardian, executor or administrator; and

(b) Filed within three (3) years after making of the payment sought to be refunded.

The provisions of this Section do not apply to cancellations.

(Ord. 2024-23, § 1(Exh. A), 2024)