Chapter 14.06 — ABATEMENT—WEEDS AND RUBBISH

This chapter shall be known as the "weed abatement code," may be cited as such, and will be referred to herein as "this chapter."

(Ord. 2005-01 (part))

The fire chief is authorized to administer and enforce all provisions of this chapter including, but not limited to, determining when weeds and/or rubbish are hazardous, dangerous or potentially injurious. As used herein, the term "fire chief' shall include his or her authorized representatives and/or designees.

(Ord. 2005-01 (part))

Any person violating the provisions of this section or any other provision of this chapter shall be guilty of a misdemeanor for each day such violation continues. Any person violating the provisions of this section or any other provision of this chapter shall also be liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) for each day the violation continues. The city attorney may seek civil penalties in any civil action brought to enforce any provision of this chapter.

(Ord. 2005-01 (part))

Subject to ratification by a majority of the city council, the city manager shall appoint the abatement hearing officer(s) to conduct proceedings under this chapter. The term of office of the abatement hearing officer shall be two years. The city manager may designate more than one abatement hearing officer, however, no more than one abatement hearing officer shall preside over any particular proceeding under this chapter. The city manager may re-appoint an abatement hearing officer for successive two-year terms. Compensation for the abatement hearing officer(s) may be established by resolution of the city council.

(Ord. 2005-01 (part))

Any property which, after inspection, is determined by the fire chief to be in violation of this chapter is declared to be a public nuisance and shall be abated in accordance with the procedure specified in this chapter. Nothing in this chapter shall prohibit the abatement, pursuant to Chapter 14.03, or any violation of this chapter which constitutes an immediately dangerous condition, as that term is defined in Chapter

A.

Commencement of Proceeding. Whenever the fire chief has inspected or caused to be inspected any property and has found and determined that such property is in violation of this chapter, he/she shall commence proceedings to abate the public nuisance by requiring the removal of the accumulation or proliferation of weeds, rubbish, or other combustible material.

B.

Notice and Order. The fire chief shall issue a written notice and order directed to the record owner of the property. The notice and order shall contain:

The street address and a legal description sufficient for identification of the property upon which the public nuisance is located;

A statement that the fire chief has found the property to be in violation of this chapter with a brief and concise description of the conditions found to violate this chapter;

A statement that the fire chief has determined that the public nuisance must be abated by removing the accumulation or proliferation of weeds, rubbish, or other combustible material on or before ten (10) days from the date of the notice and order;

Statements advising that if the required abatement is not completed within the time specified, the fire chief may proceed to abate the public nuisance by removing the accumulation or proliferation of weeds, rubbish, or other combustible material and charging the costs thereof against the property and its owner;

Statements advising:

a.

That any person having any record title or legal interest in the property may appeal, from the notice and order or any action of the fire chief to the abatement hearing officer, provided the appeal is made in writing, as provided in this chapter, and filed with the fire chief on or before the required date of compliance as set forth in the notice and order,

b.

That failure to appeal will constitute a waiver of all rights to an administrative hearing and a final determination of the matter. The final order is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5,

c.

That failure to appeal will constitute a waiver of all rights to contest any fees and/or penalties assessed pursuant to this chapter, with the exception of judicial review pursuant to California Code of Civil Procedure Section 1094.5,

d.

Whether the city elects to seek its attorneys' fees in the abatement proceeding pursuant to Section

e.

That every owner of property within the city is liable to the city for the total cost of abatement proceedings undertaken pursuant to this chapter on his/her property,

g.

How and where interested persons may contact the fire chief or his/her designee about the notice and order.

(Ord. 2005-01 (part))

A.

Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property, and one copy thereof shall be served on each of the following, if known to the fire chief, or disclosed from the latest equalized assessment roll of Glenn County or the supplemental roll, whichever is more current:

The owner;

Any known leaseholder(s); and

Any known persons actually occupying the property or occupying that portion affected by the notice and order.

B.

Method of Service. Service of the notice and order may be made upon all persons entitled thereto, either by personal delivery or by certified mail, return receipt requested. Service may be made upon the record owner at his/her/their address as it appears on the latest equalized assessment roll of Glenn County or the supplemental roll, whichever is more current, or as known to the fire chief. Service by certified mail in the manner herein provided shall be effective on the date of mailing. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the property.

In lieu of personal service or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows:

In the event that service by certified return receipt mail cannot be effected or the recipient cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:

a.

By leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient at the address where the copy was left;

b.

By leaving a copy at the recipient's dwelling or usual place of abode in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left; or

c.

In the event the recipient has a property manager or rental agency overseeing the property, by leaving a copy during usual business hours with the person who is apparently in charge at the property manager or rental agency's place of business, and by thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.

If the recipient resides out of the county and will not accept certified return receipt mail, then service may be made by first class mail.

If the recipient resides in the county and will not accept certified return receipt mail and if three or more documented attempts at personal and/or substituted service have been made without service being effected, then service may be made by first class mail and by posting a copy on the real property where the fire chief has determined that the public nuisance poses an immediate threat to the public safety.

If the recipient cannot be located or service cannot be effected as set forth in this section, service may be made by publication in an Orland newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code

C.

Failure to Serve. The failure of the fire chief to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. The failure of any person served pursuant to this section to receive such notice and order shall not affect the validity of any proceedings taken under this section.

D.

Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the fire chief.

(Ord. 2005-01 (part))

A.

Recordation of Notice of Pendency of Action. Concurrent with service of the notice and order, the fire chief shall record a notice of pendency of action with the county recorder. The fire chief shall instruct the county recorder to record the notice and index it in the property index as well as in the name of each owner of record as shown in the last equalized assessment roll or the supplemental roll, whichever is more current, and/or as known to the fire chief. The notice shall be substantially in the following form:

NOTICE OF PENDENCY OF ACTION

 NOTICE IS HEREBY GIVEN that pursuant to Orland Municipal Code Title 14, Chapter 14.06 (Abatement - Weeds and Rubbish), an administrative abatement action was commenced on _______ , by the City of Orland against the property described herein and the action is now pending.

 The action alleges that the property is in violation of Orland Municipal Code Chapter 14.06 in that it constitutes a public nuisance and that such public nuisance must be abated.

As of the date of commencement of the abatement action, the name and address of the record owner of the property described herein is: _____ .

 The real property against which the abatement action is pending is that certain real property commonly known as _______ , Assessor Parcel Number _____ , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF ORLAND

Dated: _______

---

Name of Officer

B.

Recordation of Final Disposition of Action. The fire chief shall record a notice of final disposition of action within fifteen (15) days following the earlier of the following dates: (1) the date the fire chief verifies both voluntary compliance in abating the public nuisance and payment of all accrued costs of abatement to which the city is entitled pursuant to this title; or (2) the date of final resolution of the abatement action. The notice of final disposition of action shall be substantially in the following form:

NOTICE OF FINAL DISPOSITION OF ACTION

 NOTICE IS HEREBY GIVEN THAT pursuant to Orland Municipal Code Title 14, Chapter 14.06 (Abatement

• Weeds and Rubbish):

 1. Final disposition has been reached in the administrative abatement action referenced in that notice of pendency of action recorded on ______ , in Book _______ , at Page _____ , of the Official Records of Glenn County, California.

 2. The City of Orland does hereby withdraw the above-referenced notice of pendency of action.

 3. The above-referenced notice of pendency of action affected that certain real property commonly known as ____________ , Assessor Parcel Number __________ , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF ORLAND

Dated: ________

  ___________ Name of Officer

(Ord. 2005-01 (part))

Any property in violation of this chapter shall be abated by the owner of the property in accordance with the applicable provisions of state and federal law, the Orland Municipal Code, the California Fire Code, or any other code adopted by the city.

(Ord. 2005-01 (part))

A.

Form of Appeal. Any person entitled to service under Section 14.06.120, and any person who is actually occupying the property may appeal from any notice and order or any action of the fire chief under this chapter by filing with the fire department, a written appeal containing:

A brief statement setting forth the legal interest of each of the appellants in the property involved in the notice and order;

A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;

The signatures of all parties named as appellants, and their official mailing addresses;

A declaration under penalty of perjury of at least one appellant setting forth the truth of the matters stated in the appeal.

B.

Processing of Appeal. Upon receipt of any appeal filed and the appeal fee pursuant to this section, the fire chief shall calendar the appeal for hearing before the abatement hearing officer as follows:

If the appeal is received by the fire chief not later than fifteen (15) days prior to the next regular hearing of the abatement hearing officer, if any, it shall be calendared for hearing at that hearing.

If the appeal is received by the fire chief on a date less than fifteen (15) days prior to the next regular hearing of the abatement hearing officer, if any, it shall be calendared for hearing at the next subsequent hearing of the abatement hearing officer.

If more than one appeal is received by the fire chief regarding a notice and order on the same property, all such appeals shall be calendared to be heard at the same hearing of the abatement hearing officer as the last timely appeal received by the fire chief.

C.

Noticing Appeal for Hearing. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the fire chief either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal and to all other people receiving the appealed-from notice and order.

D.

Appeal Fee. The fire chief may collect and require an appeal fee to be paid at the time the written appeal notice is filed pursuant to this section. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices, staff appearance at the appeal hearing, and compensation of the abatement hearing officer, if any. No appeal shall proceed without payment of the fee at the time the appeal is filed. The fire chief may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply with the order(s).

(Ord. 2005-01 (part))

Failure of any person to file an appeal in accordance with the provisions of Section 14.06.210 of this chapter shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the fire chief's order, or any portion thereof, subject only to review pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 2005-01 (part))

Enforcement of any notice and order of the fire chief issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

(Ord. 2005-01 (part))

Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

(Ord. 2005-01 (part))

A.

Hearing by Abatement Hearing Officer. At the time fixed in the notice required by Section 14.06.210 of this chapter, the abatement hearing officer shall proceed to hear the testimony of the fire chief or designee and the testimony of the appellant and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in his/her notice of appeal.

B.

Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the abatement hearing officer. If the appellant seeks judicial review of the decision of the abatement hearing officer, preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.5, as presently written or hereinafter amended.

C.

Reporting. The proceedings at the hearing may also be reported by a certified shorthand reporter if such reporter is provided by the appellant at his/her own expense.

D.

Continuances. The abatement hearing officer may, upon request of the appellant or the fire chief, grant continuances from time to time for good cause shown, or upon his/her own motion.

E.

Reasonable Dispatch. The abatement hearing officer and its representatives shall proceed with reasonable dispatch to conclude any matter before him/her. Due regard shall be shown for the convenience and necessity of any parties or their representatives.

(Ord. 2005-01 (part))

A.

Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

B.

Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

C.

Rights of Parties. Each party shall have these rights, among others:

To testify and call others to testify on any matter relevant to the issues of the hearing;

To introduce documentary and physical evidence;

To rebut the evidence against him/her;

To represent himself or herself or to be represented by anyone of his/her choice;

If a party does not proficiently speak or understand the English language, he/she may provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

(Ord. 2005-01 (part))

A.

The abatement hearing officer may, with the owner(s)' consent, or by inspection warrant, inspect the property involved in the hearing prior to, during, or after the hearing, provided that:

Notice of such inspection shall be given to the parties before the inspection is made;

The parties are given an opportunity to be present during the inspection;

The abatement hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom; and

Each party then shall have a right to rebut or explain the matters so stated by the abatement hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

B.

Neither inspection warrant nor the owner(s)' consent to inspect the property is required if such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the subject property.

(Ord. 2005-01 (part))

A.

If it is shown by a preponderance of the evidence that the property is in violation of this chapter, then the abatement hearing officer shall order the owner of the property to abate the public nuisance and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property on or before ten (10) days from the date of the decision. The abatement hearing officer shall also order that if the owner fails, refuses or neglects to abate the public nuisance within the stated time that the city may abate the public nuisance and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property pursuant to this chapter or institute an action to compel compliance with its order.

B.

The decision of the abatement hearing officer is a final decision subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5, and shall be in the form of an order and shall contain findings of fact, a determination of the issues presented, and the requirements which the owner shall comply. The order shall also inform the appellant that the decision of the abatement hearing officer is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6.

C.

The effective date of the decision and order shall be as stated in the decision.

(Ord. 2005-01 (part))

A copy of the decision and order shall be served on the appellant or appellants personally or sent to him/her/them at the address shown on the appeal(s) by certified mail, postage prepaid, return receipt

requested and a copy shall be posted on the property.

(Ord. 2005-01 (part))

A.

General. After the decision and order of the abatement hearing officer or the notice and order of the fire chief made pursuant to this chapter is final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order or decision. Any such person who fails to comply with any such order or decision is guilty of a misdemeanor.

B.

Failure to Obey Order. If, after the decision and order of the abatement hearing officer or the notice and order of the fire chief has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the fire chief may (1) cause such person to be prosecuted under subsection A of this section; (2) institute any appropriate action to abate the property as a public nuisance; and/or (3) abate the public nuisance and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property in accordance with the provisions of this chapter or as provided in the order of the abatement hearing officer or fire chief. In any action brought by the city to enforce the provisions of this chapter, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs whether or not the matter proceeds to judgment.

C.

Failure to Complete Work. Whenever the required abatement is not completed within the time limits prescribed in the final decision and order of the abatement hearing officer or the notice and order of the fire chief, in addition to any other remedy provided herein or by law, the fire chief may, to the extent permitted by law, cause the public nuisance to be abated and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property. Any such abatement shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter.

D.

Enforcement of the decision and order of the abatement hearing officer or the notice and order of the fire chief made pursuant to this chapter shall be stayed during the pendency of a properly and timely filed appeal therefrom to the superior court.

(Ord. 2005-01 (part))

The fire chief may, in his/her discretion, grant an extension of time, not to exceed an additional thirty (30) days, within which to complete the required abatement, if the fire chief determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The fire chief's authority to extend time is limited to the physical abatement of the public nuisance and shall not in any way

affect or extend the time to appeal a final order or challenge any order of the abatement hearing officer or fire chief.

(Ord. 2005-01 (part))

It is unlawful and a misdemeanor for any person to obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any property which has been ordered abated under the provisions of this chapter whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such property, or purchaser is engaged in the work of abating the public nuisance, pursuant to the provisions of this chapter, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.

(Ord. 2005-01 (part))

A.

Procedure. When the abatement of the public nuisance is to be done pursuant to Section 14.06.410 of this chapter by the city or its agents or contractors, the work shall be accomplished by city personnel or by private contract under the direction of the fire chief.

B.

Costs. The cost of abatement of the public nuisance shall be paid from the fire department's specialized services fund, and may be made a special assessment against the property involved, may be made a lien upon the property, and may be made a personal obligation of the property owner, as the fire chief shall determine is appropriate pursuant to this chapter.

(Ord. 2005-01 (part))

A.

Every owner of property within the city is liable to the city for the total cost of abatement proceedings undertaken pursuant to this chapter on his or her property, accrued to the date of final resolution of the proceedings, including the recordation of special assessments and/or liens pursuant to this chapter, if any. Such costs shall include, without limitation, costs of inspection, including inspections which form the basis of the fire chief's notice and order; expenses associated with issuing and serving the fire chief's notice and order and the final decision and order, if any; expenses associated with the appeal of the fire chief's notice and order, if any; attorneys' fees pursuant to Section 14.01.070 of this title, if any; the cost of removing the accumulation or proliferation of weeds, rubbish or other combustible material; costs of title reports, creation of a special assessment, placing or removing liens and closing the file, and any other related administrative costs.

B.

The fire chief or his/her designee, in his/her sole discretion, may waive any portion of or all of the costs of abatement proceedings in the event the owner of the property voluntarily complies with the fire chief's notice and order.

C.

All costs not otherwise paid by the owner or waived by the fire chief shall be collected pursuant to the procedures set forth in this part of this chapter.

(Ord. 2005-01 (part))

A.

The fire chief shall keep an itemized account of all expenses incurred by the city in abatement actions pursuant to this chapter including, without limitation, those costs and expenses set forth in Section

B.

Upon the completion of the work, the fire chief shall prepare a report, verified by the city official in charge of doing the work, specifying the following information:

The work done in removing the accumulation or proliferation of weeds, rubbish or other combustible material and the net expense of the abatement;

A description of the real property upon which the public nuisance was located;

The names and addresses of the persons entitled to notice pursuant to Section 14.06.120 of this chapter;

Statements advising:

a.

That any person having any record title or legal interest in the property may appeal the fire chief's report to the abatement hearing officer, provided the appeal is made in writing as provided in Section 14.06.530 of this chapter and filed with the fire department on or before thirty (30) days from the date of the fire chief's report,

b.

That failure to appeal will constitute a waiver of all rights to an administrative hearing and a final determination of the costs of abatement. The final determination is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 2005-01 (part))

A.

The fire chief's report shall be posted on the property and served in accordance with Section 14.06.120 of this chapter.

B.

All costs associated with service of the report may be added to the total expenses contained in the fire chief's report.

(Ord. 2005-01 (part))

A.

Form of Appeal. Any person entitled to service of the fire chief's report pursuant to Section 14.06.525 may appeal the fire chief's report under this chapter by filing with the fire department on or before thirty (30) days from the date of the fire chief's report, a written appeal containing:

A brief statement setting forth the legal interest of each of the appellants in the property which is the subject of the fire chief's report;

A brief statement in ordinary and concise language of the specific portion of the fire chief's report which is protested, together with any material facts claimed to support the contentions of the appellant;

A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested portion of the fire chief's report should be reversed, modified, or otherwise set aside;

The signatures of all parties named as appellants, and their official mailing addresses;

A declaration under penalty of perjury of at least one appellant setting forth the truth of the matters stated in the appeal.

B.

Processing of Appeal. Upon receipt of any appeal filed and the appeal fee pursuant to this section, the fire chief shall calendar the appeal for hearing before the abatement hearing officer as follows:

If the appeal is received by the fire chief not later than fifteen (15) days prior to the next regular hearing of the abatement hearing officer, if any, it shall be calendared for hearing at that hearing.

If the appeal is received by the fire chief on a date less than fifteen (15) days prior to the next regular hearing of the abatement hearing officer, if any, it shall be calendared for hearing at the next subsequent hearing of the abatement hearing officer.

If more than one appeal is received by the fire chief regarding a notice and order on the same property, all such appeals shall be calendared to be heard at the same hearing of the abatement hearing officer as the last timely appeal received by the fire chief.

C.

Noticing Appeal for Hearing. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the fire chief either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal and to all other people receiving the appealed-from notice and order.

D.

Appeal Fee. The fire chief may collect and require an appeal fee to be paid at the time the written appeal notice is filed pursuant to this section. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices, staff appearance at the appeal hearing, and compensation of the abatement hearing officer, if any. No appeal shall proceed without payment of the fee at the time the appeal is filed. The fire chief may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply with the order(s).

E.

Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the fire chief's report, or any portion thereof, subject only to review pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 2005-01 (part))

The appeals heard by the abatement hearing officer pursuant to Section 14.06.540 of this chapter shall relate only to the charge to be made for abatement, and no protest or appeal concerning the action of the fire chief or the abatement hearing officer in ordering the removal of the accumulation or proliferation of weeds, rubbish or other combustible material shall be considered by the abatement hearing officer.

(Ord. 2005-01 (part))

Upon the day and hour fixed for the hearing, the abatement hearing officer shall hear the appeal and shall consider and pass upon the report of the fire chief and shall confirm, reject or modify the report. The abatement hearing officer may revise, correct or modify the fire chief's report and the charge as he/she may deem just and shall confirm the fire chief's report and the charge as submitted or as revised, corrected or modified.

(Ord. 2005-01 (part))

Upon the abatement hearing officer's confirmation of the fire chief's report pursuant to Section 14.06.540, the charge shall be declared a special assessment pursuant to the procedures set forth in Section 14.06.560, made a personal obligation of each owner of the property pursuant to the procedures set forth in Section 14.06.555, and charged against the property involved as a lien pursuant to the procedures set forth in Section 14.06.565 of this chapter.

(Ord. 2005-01 (part))

A.

The decision and order of the abatement hearing officer on the fire chief's report and the charge is a final decision subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.6.

B.

A copy of the final decision and order of the abatement hearing officer shall be served in accordance with Section 14.06.120 of this chapter.

(Ord. 2005-01 (part))

The charges as set forth in the fire chief's report or the decision and order of the abatement hearing officer shall be a personal obligation of the property owner, and the city attorney or the city manager may collect the same on behalf of the city by the use of all appropriate legal remedies.

(Ord. 2005-01 (part))

A.

In the event the charges as set forth in the fire chief's report or the decision and order of the abatement hearing officer, if any, are not paid within five days after service of the fire chief's report or the decision and order of the abatement hearing officer, the charges as set forth in the fire chief's report or the decision and order of the abatement hearing officer, if any, shall be declared a special assessment against the subject property.

B.

The fire chief shall present a resolution to the city council to declare a special assessment, and upon passage and adoption of the resolution, shall cause a certified copy of the resolution to be recorded with the county recorder. Upon passage and adoption of the resolution, the fire chief shall also transmit a certified copy thereof to the property owner by certified and first class mail and to the county assessor to add the amount of the assessment to the next regular bills or taxes levied against the subject property for municipal purposes.

C.

The 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 case of delinquency as are provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes are applicable to the special assessment.

D.

Any assessment or any portion of an assessment levied pursuant to the provisions of this chapter, which has been or becomes paid more than once, which has been or becomes erroneously or illegally collected, or which has been or becomes paid upon an assessment in excess of the amount chargeable, or upon an assessment not chargeable to the person or the property of the person paying the same, under the provisions of this chapter, by reason of a clerical error of the employees or officers of the city or county, may be refunded by order of the city council in the same manner, to the same extent, and under the same conditions as now or hereafter provided by the laws of the city for refund of payments of general or special taxes.

E.

If the city does not record a notice of abatement lien pursuant to Section 14.06.565 of this chapter, and any real property to which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrancer for value has been created and attached to that property, prior to the date on which the first installment of municipal taxes would become delinquent, then the cost of abatement shall not result in a lien against that real property but shall be transferred to the unsecured roll for collection.

F.

The assessment and the tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.

(Ord. 2005-01 (part))

A.

In the event the charges as set forth in the fire chief's report or the decision and order of the abatement hearing officer, if any, are not paid within five days after service of the fire chief's report or the decision and order of the abatement hearing officer, the charges shall constitute a lien on the subject property. The lien shall continue until the amount of the charge and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid or until it is discharged of record.

B.

Recordation of a notice of lien as provided in this section has the same effect as recordation of an abstract of a money judgment recorded pursuant to the California Code of Civil Procedure. The lien created has the priority as a judgment lien on real property.

C.

Service of Notice of Lien.

Upon determining that the charges as set forth in the fire chief's report or the decision and order of the abatement hearing officer, if any, are not paid within five days after service of the fire chief's report or the decision and order of the abatement hearing officer, the city clerk shall serve the notice of lien on the owner of record of the subject property based on the last equalized assessment roll or the supplemental roll, whichever is more current.

The notice of lien shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. If the owner of record cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period of ten (10) days and by publication in an Orland newspaper of general circulation pursuant to Government Code Section 6062.

D.

After notice to the property owner(s) as provided in this section, the city clerk shall record a notice of lien with the county recorder within fifteen (15) days of the date of service of the notice of lien.

(Ord. 2005-01 (part))

The notice of lien shall be substantially in the following form: Hc; NOTICE OF LIEN

 NOTICE IS HEREBY GIVEN THAT pursuant to Orland Municipal Code Chapter 14.06, the City of Orland undertook the following actions:

 1. On _______ , the City of Orland ordered the abatement of a public nuisance on the real property described.

 2. On _______ , the City of Orland abated the public nuisance.

 3. On _______ , the City of Orland confirmed the cost of the abatement of the public nuisance and charged such cost as a lien against the real property described herein.

 4. As of the date of recordation of this Notice of Lien, the cost of the abatement has not yet been paid, and the City of Orland does hereby claim a lien on the real property described herein for the net expense of abating the public nuisance on the property in the amount of _______ ($ _____ ) and this amount shall be a lien upon the real property described herein until the full amount, with interest at the legal rate, has been paid in full and discharged of record.

 5. As of the date of recordation of this Notice of Lien, the name and address of the record owner of the property described below is: _____ .

 6. The real property upon which the lien is claimed is that certain real property commonly known as _______ , Assessor Parcel Number _______ , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF ORLAND

Dated: ________

---

Name of Officer

(Ord. 2005-01 (part))

In the event the lien is discharged, released or satisfied, either through payment or foreclosure or sale of the property, the city clerk shall record a notice of discharge, substantially in the following form:

DISCHARGE OF LIEN

NOTICE IS HEREBY GIVEN THAT pursuant to Orland Municipal Code Chapter 14.06, the City of Orland undertook the following actions:

 l. On _______ , the City of Orland ordered the abatement of a public nuisance on the real property described.

 2. On _______ , the City of Orland abated the public nuisance.

 3. On _______ , the City of Orland confirmed the cost of the abatement of the public nuisance and charged such cost as a lien against the real property described herein.

 4. The amount of the lien claimed by the City of Orland was _______ ($ _____ ), with interest at the legal rate.

 5. As of the date of recordation of this Discharge of Lien, the name and address of the record owner of the property described below is: _____ .

 6. The lien claimed by the City of Orland has been discharged, released or satisfied and the City of Orland no longer claims a lien on the real property described herein.

 7. The real property upon which the lien was claimed is that certain real property commonly known as _______ , Assessor Parcel Number _____ , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF ORLAND

Dated:

Name of Officer

(Ord. 2005-01 (part))