Placerville Municipal Code Art. V Enforcement of Monetary Sanctions

Monetary sanctions levied against a responsible person are due at the following times:

(A) If a request for hearing is not filed in relation to the notice of administrative violation, the monetary sanction set out in the notice shall be due and payable ten (10) calendar days after service of the notice of administrative violation.

(B) If a request for hearing is filed within the time limits prescribed by section 1-4A-30 of this chapter and there is no appeal of the hearing decision to the court pursuant to section 1-4A-61 of this chapter, the monetary sanction shall be due and payable ninety (90) calendar days after the date of a hearing decision, an order by the hearing officer dismissing the request for hearing, or the date the hearing request is withdrawn by the responsible party. The amount of sanction payable shall be the amount set by the hearing officer in a decision after hearing, or the amount set forth in the notice of administrative violation if there is no hearing decision.

(C) If there is judicial review of the hearing decision pursuant to section 1-4A-61 of this chapter, the monetary sanction shall be due and payable thirty (30) calendar days after the date of the final court order in relation to that review. The amount due shall be the amount ordered by the hearing officer unless a court modifies the amount of monetary sanction. (Ord. 1572, 4-24-2001)

All monetary sanctions shall be paid to the city and delivered to the finance department of the city. All payments shall be accompanied by a copy of the notice of administrative violation, or the decision of the hearing officer or the court decision establishing the amount of the monetary sanction. The finance department shall prepare a receipt documenting the payment of the monetary sanction and shall forward one copy of the receipt to the enforcement authority and one copy of the receipt to the city clerk. The city clerk shall thereafter verify that the sanction has been paid in full. If the sanction has been paid in full, the city clerk shall so note in the records pertaining to the administrative violation. If the sanction has not been paid in full, the city clerk shall notify the enforcement authority and responsible person in writing. (Ord. 1572, 4-24-2001)

If the responsible party does not pay the monetary sanction within the times provided under section 1-4A-70 of this article, or if the responsible party fails to pay the required monetary sanction in full within the times provided under section 1-4A-70 of this article, any unpaid portion shall bear interest at the rate of ten percent (10%) per annum from the date such payment was due until paid in full, and the city may take any of the following actions to collect the monetary sanction:

(A) Liens: The amount of the unpaid sanction plus interest, plus a reasonable administrative fee established by the city council from time to time to cover the cost of collection, constitutes and may be declared a lien on any real property owned by the responsible party within the city.

1. Notice shall be given to the responsible party prior to the recordation of the lien, and shall be served in the same manner as a summons in a civil action pursuant to article 3, (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedure.

2. The lien shall attach when the city manager or his/her designee records a lien listing delinquent unpaid sanctions with the El Dorado County recorder's office. The lien shall specify the amount of the lien, the date of the code violation(s), the date of the final administrative decision, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the parcel.

3. In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (A)2 of this section shall be recorded by the city clerk.

(B) Special Assessments: The amount of the unpaid sanction plus interest, plus a reasonable administrative fee established by the city council from time to time to cover the cost of collection, may be declared a special assessment against any real property owned by the responsible person within the city to the extent the responsible person owns more than one parcel within the city. The city council may impose the special assessment on more than one parcel. However, the amount of the assessment shall not exceed the penalty imposed for the administrative violation. The city manager or his/her designee may present a resolution to the city council to declare a special assessment, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the El Dorado County recorder's office. The assessment may then be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subjected to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

(C) Withholding Entitlements: The city may withhold issuance of licenses, permits and other entitlements to a responsible person until payment is received.

(D) Other Enforcement Procedures: The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the enforcement of judgments law, California Code of Civil Procedure section 680.010 et seq. (Ord. 1572, 4-24-2001)