Portola Municipal Code Ch. 18.07 Recovery of the Costs of Abatement

As set forth herein, the city may recover the administrative and physical costs of abatement, and attorney's fees. If the property owner responsible for the nuisance fails to pay the costs of abatement and attorney's fees upon demand by the city, the city may recover its costs pursuant to Government Code Sections 25845 and 54988 as follows:

A. Itemization of Costs. City of Portola code enforcement office shall keep an itemized account including all of the administrative fees and all direct expenses incurred in violation enforcement abating any nuisance arising under this title. Upon completing the abatement of a nuisance, the code enforcement office shall compile an itemized account, including a description of the real property on which the building or structure is or was located, and the names and addresses of the owners of record as it appears on the most recent assessor's roll, and the possessors of the property. Such accounting shall be mailed, by registered or certified mail, to said, property owner, together with a demand for payment in full within forty-five days of receipt of the billing and demand. Such billing and demand shall include a notice of the owner's right to appeal the billing, within the forty-five day payment period, by submitting such appeal in writing to the code enforcement office or the office of the Portola city attorney.

Should the division of environmental health, or the planning and building services department, the office of the city attorney, or other city agency incur costs for the enforcement or abatement of violations, they will itemize and submit such billing to the city of Portola code enforcement office for billing, demand for recovery as set forth in this chapter. Where such costs are in addition to fees and costs of the code enforcement office, the billing and demand shall be itemized to include the sum of all fees and costs.

B. Special Assessment Against the Parcel. If the record owner of the affected parcel does not pay the total amount billed or appeal said billing within forty-five calendar days after the receipt of a written demand by the city of Portola code enforcement office, a copy of such billing and demand, together with proof of registered or certified mailing, shall be submitted to the office of the city attorney, who is authorized to record a notice of abatement lien against the property on behalf of the city. Where an appeal is taken, the property owner shall be notified of the date, time and location of the appeal hearing at least thirty days in advance of such date, and no lien or claim shall subsequently recorded unless so ordered as a finding in such hearing. Any abatement lien recorded pursuant to this chapter shall be deemed a special assessment and will be filed with the office of the city treasurer - tax collector for the collection in the same manner as county taxes. The amount of such lien shall accrue interest at the rate of six and one-half percent per annum until paid, and will be subject to all laws applicable to the levy collection, and enforcement of city taxes. Abatement liens shall be subject to delinquency sale, as are ordinary city taxes.

c. Recordation of Notice of Abatement Lien.

1. If an abatement lien arises pursuant to subsection B of this section, a notice of abatement lien will be recorded. The abatement lien shall include at least the following information: identity of the record owner or possessor, the date of the violation or abatement, the date compliance was determined, a description of the real property subject to the lien and the total costs of enforcement and abatement.

2. Recording a notice of abatement lien shall have the same effect as recordation of an abstract of money judgment recorded pursuant to Section 697.310 et seq. of the Code of Civil Procedure. An abatement lien created has the same priority and effect as a judgment lien on real property until the lien is released. The city council may order an abatement lien created under this chapter released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.

D. Court Judgment. The city may file an action in court to enforce decisions of the hearing board or the city council to recover civil penalties and abatement costs, and to pursue injunctive or any other lawful remedy. Any second or subsequent civil or criminal judgment rendered against a property owner within two-year period subjects the property owner to treble the costs of the abatement.

(Ord. 313 (part), 2006)

The city of Portola code enforcement office shall adopt by resolution and maintain a fee schedule itemizing the administrative fees for the enforcement and abatement of violation nuisances. Such schedule shall include provision for the uniform billing and recovery of all administrative, enforcement and abatement activities of the code enforcement office in resolving confirmed violations. Such schedule shall provide for recovery of costs of services, including materials supplies, or the office of the city attorney, and other agency or office of the city of Portola government, and actual costs, including material and supplies, incurred by the contracting or hiring of private sector enforcement or abatement services. Such fee schedule shall be amended from time to time by resolution so as to be representative of current expenses and costs. The schedule and any amendments shall be subject to review and approval by the city council prior to any effective date.

(Ord. 313 (part), 2006)

Fees and costs recovered shall be deposited to the city's general fund or a special abatement account established by the city council, as appropriate, where they shall accrue for application to future code enforcement office budgets or abatements. All abatement expenditures shall be subject to the authorization of the city administrator or director of the department, or subject to such procedures as may established by the city council. Costs recovered on behalf of the office of the city attorney or other agency or office of the city of Portola government shall be conveyed to the city treasurer's office for deposit to the city's general fund or to the special abatement account, as appropriate. Recovered funds shall be so deposited regardless of the fiscal period within which they are received.

(Ord. 313 (part), 2006)

No fees or costs shall accrue, no billing and demand shall be presented, nor shall claims or liens attach where investigations of the city of Portola code enforcement office determine that conditions reported do not constitute a violation of state statutes or city code.

(Ord. 313 (part), 2006)