Sacramento Municipal Code Art. V Enforcement

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor. In addition, the city may also impose administrative penalties pursuant to Chapter 1.28 and seek injunctive relief and civil penalties in the superior court for violations of this chapter. The remedies provided for in this chapter shall be cumulative and not exclusive of any other remedies available under any other federal, state or local laws. (Ord. 2013-0013 § 1; Ord. 2008-012 § 1)

A. In addition to any other remedy provided by law, the city may collect any fee, cost or charge imposed pursuant to this chapter that has not been paid within forty-five (45) days of notice thereof, by making the amount of the unpaid fee, cost or charge a lien against the rental housing property that is the subject of the fees, costs or charges.

B. A hearing examiner appointed pursuant to Section 8.04.070, shall hear all objections to proposed liens, as described in this chapter. (Ord. 2013-0013 § 1; Ord. 2008-055 § 1; Ord. 2008-012 § 1)

A. The city shall provide the owner of the property with written notice in plain language of:

1. The proposed lien;

2. A description of the basis for the amounts comprising the lien;

3. The owner's opportunity to pay the fee, cost or charge within forty-five (45) days after the mailing of the notice;

4. The owner's opportunity to appear before the housing code and appeals board and be heard regarding the amount of the proposed lien; and

5. The procedure for challenging the amount of the proposed lien as set forth in Section 8.120.230.

B. The notice shall be mailed by certified mail to the last known address of the owner of the property. (Ord. 2013-0013 § 1; Ord. 2008-055 § 2)

To challenge the amount of the proposed lien, the owner must file an objection with the community development department within ten (10) calendar days from the mailing of the notice. No objection received after that date shall be considered. Each written objection must contain a description of the property that is the subject of the proposed lien and the grounds of the objection. (Ord. 2013-0013 § 1; Ord. 2008-055 § 3)

The failure of the owner to file an objection in accordance with Section 8.120.230 shall constitute a waiver of the owner's opportunity to challenge the amount of the proposed lien. If no objection is properly filed, the director shall transmit a report of the proposed lien to the city council. (Ord. 2013-0013 § 1; Ord. 2008-055 § 4)

A. If any objection is timely filed with the community development department, the director shall transmit a report of the proposed lien and the objections thereto to the hearing examiner.

B. Upon receipt of the report, the hearing examiner shall fix a time, date and place for hearing the report, and any objections thereto. The director shall cause notice of the hearing to be mailed by certified mail to the last known address of the property owner at least thirty (30) days prior to the date set for the hearing. (Ord. 2013-0013 § 1; Ord. 2008-055 § 5)

Upon considering the report of the proposed lien and the objections thereto, the hearing examiner shall follow, as nearly as practicable, those procedures that the city council would have followed if it had conducted the hearing. The hearing examiner shall make a written recommendation to the city council which shall include the factual findings based on evidence introduced at the hearing. (Ord. 2013-0013 § 1; Ord. 2008-055 § 6)

A. Upon receipt of a report of a proposed lien in accordance with Section 8.120.240 or 8.120.260, the city council shall determine whether the proposed lien shall become a lien, and whether the amount of the lien is to be collected at the same time and in the same manner as property taxes are collected.

B. In cases in which a hearing before the hearing examiner has been held, the city council shall adopt the recommendation of the hearing examiner without a hearing, or set the matter for a de novo hearing before the city council. Notice of the de novo hearing shall be provided to the property owner in writing, at least ten (10) days in advance of the scheduled hearing.

C. If the city council determines that the proposed lien shall become a lien, the city council may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the Sacramento County recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice of lien shall, at a minimum, identify the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.

D. If the city council determines that the amount of the lien is to be collected at the same time and in the same manner as property taxes are collected, all laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection. (Ord. 2013-0013 § 1; Ord. 2008-055 § 7)