Pacifica Municipal Code Art. 3 Liens and Cost Recovery

(a) The City shall keep an account of the costs and expenses of investigating and abating the nuisance, and within fifteen (15) days of abatement shall render a statement of such costs to the owner or other responsible party. Said accounting shall be served in the same manner required under this chapter for a declaration of nuisance or an order to abate.

(b) The cost, including incidental expenses, of abating the nuisance shall be billed to the owner or other responsible party and shall become due and payable thirty (30) days following the date of the invoice.

(c) Costs and expenses as referred to in this section shall include but are not limited to any and all direct costs related to personnel salaries and benefits, operational overhead, rent, interest, fees for experts, consultants or contractors, and all incidental expenses associated with collecting moneys due hereunder.

(§ 9, Ord. 687-C.S., eff. June 28, 2001)

Pursuant to Health and Safety Code Section 17951 et. seq, property owners and/or tenants shall be required to pay to the City reasonable fees (when specifically adopted by City Council resolution under the procedures set forth in Government Code Section 66016) to defray the costs of code enforcement. Such fees, if prescribed by the Council by resolution, may be assessed only in the following circumstances:

(a) For inspections made at any dwelling unit in order to investigate a complaint of a violation of a building, housing, health or safety code;

(b) For inspections of a dwelling unit to ensure the correction of a noticed code violation; and

(c) For copies of reports and records relating to any code enforcement activity regarding any dwelling unit.

(§ 9, Ord. 687-C.S., eff. June 28, 2001)

In the event the amount of any administrative costs, and the total costs for abating a nuisance, is not paid in full within ninety (90) days of the date of invoice from the City, the City may elect to place a lien against the real property on which the violation occurred, or the City may elect to levy a judicial lien or a special assessment lien against the property on which the violation occurred.

(§ 9, Ord. 687-C.S., eff. June 28, 2001)

(a) The procedure for collecting abatement costs through a special assessment lien shall be in accordance with California Government Code Section 38773.5.

(b) Upon recordation in the Office of the County Recorder of a notice of assessment lien, a copy of the lien may be turned over to the County Auditor, who shall then enter the amount of the lien on the assessment rolls as a special assessment. Thereafter, the amount 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 under foreclosure and sale in case of delinquency as provided by California Government Code Section 38773.5 and as provided for ordinary municipal taxes.

(c) Upon recordation of the assessment lien, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(§ 9, Ord. 687-C.S., eff. June 28, 2001)

(a) The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the outstanding administrative costs and abatement costs shall have the force and effect and priority of a judgment lien governed by the provisions of Sections 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

(b) Interest shall accrue on the principal amount of the judgment remaining unsatisfied at a rate equivalent to the current Local Agency Investment Fund ("LAIF") Rate.

(c) Prior to recording any such lien for abatement proceedings under this Chapter, the City Manager or his/her designee shall prepare and file with the City Clerk, a report stating the amounts due and owing.

(d) The City Clerk shall fix a time, date and place for hearing the cost report and any protests or objections thereto by City Council.

(e) The City Manager, or his or her designee, shall cause written notice to be served on the property owner not less than five (5) days prior to the time set for the hearing. Such notice shall be served as provided earlier in this chapter.

(f) At the public hearing:

(1) Any person whose real property is subject to a lien pursuant to this article may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.

(2) Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of any protest or objection.

(3) The City Council, after the hearing, shall adopt a Resolution confirming, discharging or modifying the amount of the lien.

(g) Thirty (30) days following the adoption of a Resolution by the City Council imposing a lien, the City Clerk shall file the same as a judgment lien in the Office of the County Recorder of San Mateo County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

(§ 9, Ord. 687-C.S., eff. June 28, 2001)

Once payment in full is received by the City for outstanding costs which have been previously recorded as a lien, the City shall either record a notice of satisfaction of lien, or provide the property owner or financial institution with the notice of satisfaction, so they may record this notice with the Office of the County Recorder. The notice of satisfaction shall serve to cancel the City's lien.

(§ 9, Ord. 687-C.S., eff. June 28, 2001)

All costs associated with abatement proceedings under this chapter, which are not satisfied through the procedures set forth in this Article, shall be collected on behalf of the City by the City Attorney using the appropriate legal remedies.

(§ 9, Ord. 687-C.S., eff. June 28, 2001)