Sacramento Municipal Code Art. VIII Recovery of Cost of Abatement

Every owner of property within the city is liable to the city for the cost of abatement of a public nuisance located on his or her premises conducted pursuant to Article VI of this chapter. (Prior code § 61.10.1000)

A. The department head shall keep an itemized account of the expense incurred by the city in abating nuisances under the provisions of this code including all administrative costs. Upon the completion of the work of abatement, such department head shall prepare and file with the city clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property at which the work was performed, and the names and addresses of the persons entitled to notice pursuant to Section 8.04.150 of this chapter.

B. The department head shall cause notice to be given to the Department of Motor Vehicles within five days after the date of removal identifying the vehicle(s) or parts thereof and any evidence of registration available, including, but not limited to, registration certificates or title or license plates.

C. In the event the hearing examiner finds, pursuant to sworn statement of the owner of any premises or otherwise, that a vehicle which is ordered abated was placed on the premises without the consent of the owner, who did not later acquiesce to its presence on such premises, then the hearing examiner shall certify the finding to the department head, who shall not allocate the cost of the removal of such vehicle to the owner of the premises in the report filed with the city clerk. (Prior code § 61.10.1001)

Upon receipt of the report prepared pursuant to Section 8.04.380 of this chapter, the city clerk shall transmit it to a delinquency lien hearing officer appointed by the city manager for consideration. The delinquency lien hearing officer shall fix a schedule for hearing the report, and any protests or objections thereto. The department head shall cause notice of the hearing scheduled before the delinquency lien hearing officer to be mailed at least thirty (30) days prior to the date of the scheduled hearing to the address of the owner as shown on the last equalized assessment roll or such other address of the owner as may be known to the department head. The notice shall state that all protests or objections shall be filed in accordance with section 8.04.400 of this chapter. (Ord. 2006-071 § 1; prior code § 61.10.1002)

Any owner of affected property may file a written protest or objection with the Code Enforcement Department at least ten (10) days before the date specified in the notice given pursuant to Section 8.04.390 of this chapter. Each written protest or objection must contain a description of the property and the grounds of the protest or objection. The Code Enforcement Department shall endorse on every such protest or objection the date it was received. The Code Enforcement Department shall present such protests or objections to the delinquency lien hearing officer at the time set for the hearing, and no other protests or objections shall be considered. Any protests or objections not filed in writing at least ten (10) days prior to the date set for the hearing, and for which City staff is not prepared to address, shall be continued to the date of a future hearing for consideration by the delinquency lien hearing officer. (Ord. 2006-071 § 2; prior code § 61.10.1003)

Upon the day and hour fixed for the hearing the delinquency lien hearing officer shall hear and pass upon the report of the department head together with any such protests or objections. The delinquency lien hearing officer shall follow, as nearly as practicable, those procedures that the city council would have followed if it had conducted the hearing. The delinquency lien hearing officer may make such revision, correction or modification of the report or the charge as he or she may deem just, and shall submit the report to the city clerk to be transmitted to the city council. The city clerk shall also send the results of the hearing to the objecting owners by first class mail, and shall include the date and time of the public hearing to be held by the city council in accordance with Section 8.04.430(A) of this chapter. The decision of the delinquency lien hearing officer on the report and on all objections or protests shall be final and conclusive. (Prior code § 61.10.1004)

A. Except as provided in subsection B of this section, the protests heard by the delinquency lien hearing officer pursuant to Section 8.04.410 of this chapter shall relate only to the charge to be made for abatement, and no protest concerning the action of the department head or the hearing examiner in ordering the abatement of the nuisance shall be heard at this time.

B. Where the charge to be made is the result of summary abatement pursuant to Section 8.04.330 of this chapter, the delinquency lien hearing officer may determine whether or not the action to abate was proper, and may modify the charge or not as he or she may deem proper. (Prior code § 61.10.1005)

A. Upon receipt of the delinquency lien hearing officer's report, the city council shall schedule a public hearing at which it shall confirm, reject or modify the report and determine the costs of abatement. The public hearing shall be limited to the issue of whether the hearing before the delinquency lien hearing officer was conducted in accordance with applicable city ordinances. Only those owners who file an objection or protest and appear before the delinquency lien hearing officer shall be permitted to protest at the city council hearing.

B. Upon taking action under subsection A, the city council may order that the costs of abatement be made a personal obligation of the property owner and either a nuisance abatement lien or a special assessment against the property.

C. If an action or proceeding is commenced to recover the costs, the prevailing party shall be entitled to recover reasonable attorneys' fees, provided that, pursuant to California Government Code section 38773.5, attorneys' fees shall only be available where the city has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

D. A nuisance abatement lien may be recorded and enforced against the property pursuant to the provisions of California Government Code section 38773.1. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. As part of the foreclosure action, the city may recover reasonable attorneys' fees and costs including, but not limited to, costs incurred for processing and recording the lien and providing notice to the property owner.

E. As an alternative to a nuisance abatement lien, the costs of abatement may be made a special assessment against the property. The special assessment may be collected at the same time and in the same manner as ordinary municipal taxes and shall be subject to the same penalties and procedures, including the sale of the property in case of delinquency, as provided for ordinary municipal taxes. The special assessment shall continue until the assessment and all interest and penalties due and payable thereon have been paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. (Ord. 2006-047 § 1; prior code § 61.10.1006)

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is confirmed by the city council. (Ord. 2000-017 § 4(a)(19); prior code § 61.10.1007)

A certified copy of the assessment shall be filed with the county auditor on or before August 1st. The descriptions of the parcels reported shall be those used for the same parcels on the map books of the county assessor for the current year. (Prior code § 61.10.1008)