San Bruno Municipal Code § 5.08.230 Abatement costs and expenses—Collection thereof

A. Abatement costs and expenses shall include, without limitation, any and all direct and indirect costs related to the investigation and abatement of a public nuisance. Consideration may be given to the time expended by said officials and the valuation of such time according to these persons' salaries or wages and compensation and employment benefits. The city may also consider its fixed operational and administrative expenses, as well as fees and expenses for experts, consultants, contractors, attorneys (if the election was made to seek such fees pursuant to this article) and other service providers involved in the nuisance abatement action or proceeding, and all incidental expenses associated with collecting said moneys. Abatement costs and expenses (and attorney's fees, when sought) shall hereafter be collectively referred to as the "claim." A claim may also include code enforcement fees if prescribed pursuant to this article.

B. The city shall keep an account of all abatement costs and expenses, and within thirty days of completion of all nuisance abatement actions, it shall render a statement of its claim to the responsible person(s).

C. The claim shall be served upon the responsible person(s) by certified and first class mail and shall become due and payable twenty days following the date of service thereof. Service of the claim shall be deemed complete at time of mailing. The failure of a responsible person to receive a properly addressed copy of the claim shall not invalidate any city action or proceeding pursuant to this chapter.

D. The claim shall contain notice of the following:

1. It is appealable to the city council.

2. Appeals shall be made on a city approved form and must be received by the city clerk within ten calendar days from date of service of the claim.

3. Failure to file a timely appeal shall constitute a person's waiver of the right to a hearing before the city council. In such instance, the claim shall be deemed final and conclusive.

(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)

A. A prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance may recover reasonable attorneys' fees in accordance with the following subdivisions:

1. Attorneys' fees are not recoverable by any person as a prevailing party unless the city manager or city attorney elects in writing to seek recovery of the city of San Bruno's attorneys' fees at the initiation of that individual action or proceeding. Notice of such election shall be provided to a responsible person in writing when made by certified and first class mail. Failure to make such an election precludes any entitlement to, or award of, attorneys' fees in favor of any person or the city of San Bruno.

2. An action or proceeding is "initiated" upon the city of San Bruno's service of any written "notice of public nuisance and intent to abate" to a responsible person pursuant to the provisions of this chapter, or upon the filing by the city of San Bruno or the people of the state of California, of any complaint, motion or pleading relating to the existence or maintenance of a public nuisance in any civil or equitable court of competent jurisdiction. Attorneys' fees are not recoverable in criminal prosecution actions.

3. The city of San Bruno is the "prevailing party": (a) when an administrative determination of the existence of one or more conditions constituting a public nuisance is made final; or (b) when a judge, commissioner or other judicial officer renders a judgment, decree or order finding the existence of a public nuisance and/or enjoining its continued existence. A person alleged to be responsible for causing, maintaining or permitting a public nuisance is the "prevailing party" only: (a) upon a final administrative determination finding the absence of all alleged public nuisance conditions or responsibility therefor; or (b) when a judge, commissioner or other judicial officer renders a judgment, decree or order in a civil or equitable action that states similar findings.

4. In no event shall a person be considered a prevailing party if said person is found to be responsible for at least one public nuisance condition, regardless of prevailing in the same action or proceeding with regard to other alleged nuisance conditions due to their absence, or a person's lack of responsibility therefor.

B. Provided that the city of San Bruno has made an election to seek attorneys' fees, an award of attorneys' fees to a person shall not exceed the amount of reasonable attorneys' fees incurred by the city of San Bruno in said action or proceeding.

(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)

A. Pursuant to California Health and Safety Code Section 17951 et seq., responsible persons shall be required to pay reasonable fees (when this obligation is imposed by ordinance or resolution of the city council pursuant to the procedures set forth in Government Code Section 66016) to the city to defray the costs of code enforcement. Such fees, if prescribed by the city council, may be imposed only in the following circumstances:

1. For inspections made at any apartment houses, hotels, motels, and dwellings, and buildings and structures accessory thereto, in order to investigate a complaint of a violation of a building, housing, and health or safety code;

2. For inspections of apartment houses, hotels, motels, and dwellings, and buildings and structures accessory thereto, and meetings or conferences with responsible persons to ensure the correction of a noticed code violation or nuisance; and

3. For copies of reports and records relating to any code enforcement activity regarding the foregoing structures.

B. The obligation under this section to pay code enforcement fees to the city shall exist irrespective of the city's exercise of its administrative or other remedies to cause the abatement of a violation or public nuisance.

(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)

A. Any responsible person may appeal a claim on a city approved form to the city council. Notwithstanding Section 1.32.030 of the San Bruno Municipal Code to the contrary, appeals must be received by the city clerk within ten calendar days from date of service of the claim. A fee shall not be required for this appeal. Failure to file a timely appeal shall constitute a person's waiver of the right to a hearing before the city council. In such instance, the claim shall be deemed final and conclusive.

B. The city clerk shall schedule an appeal hearing before the city council within fifteen calendar days of receipt of a timely appeal and this hearing shall occur within sixty calendar days of the city clerk's receipt of said appeal. The city clerk shall provide ten calendar days advance written notice of the date, time and location of the hearing to the appealing person(s) by certified and first class mail. Service of this notice is deemed complete at time of mailing. The failure of a person to receive a properly addressed notice shall not invalidate any claim or action or proceeding by the city pursuant to this chapter.

(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)

A. The city council shall conduct a hearing at the time and place specified in the notice at which time any relevant evidence may be submitted by any interested persons and city officials regarding the claim. The hearing may be continued from time to time, as the city council deems necessary. Upon consideration of the evidence, the city council shall declare, by resolution, the amount of the claim. The decision of the city council is final. Said resolution shall contain the following recital: "Judicial review of the city council's resolution is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6."

B. The failure of an appealing person to attend a duly noticed appeal hearing shall not invalidate any decision of the city council.

C. The city clerk shall serve a copy of the city council resolution on all appealing person(s) by certified mail, return receipt requested and by first class mail. The failure of a person to receive a properly addressed resolution shall not invalidate any action or proceeding by the city pursuant to this article.

D. If the claim is not paid to the city clerk within fourteen calendar days of service of the resolution, the city manager, or a designee thereof, may forthwith exercise all available rights and remedies to collect the claim.

(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)

A. In the event a claim is not paid when due or within fourteen calendar days following the city council's determination of the amount thereof, the city may elect to record a nuisance abatement lien or make the claim a special assessment against the property on which the violation occurred, provided the responsible person has a legal interest therein.

B. The city shall comply with all notice and other provisions of California Government Code, Section 38773.1 in its procedures for the perfection of a nuisance abatement lien. The notice and other provisions of California Government Code Section 38773.5 shall be followed in the city's procedures for the creation of a special assessment.

C. The city's claim shall also be a personal obligation against the property owner of the premises upon which a nuisance was abated, if the owner is a responsible person.

D. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such liens and special assessments.

E. After recordation, a nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment or by any other means provided by law.

F. A notice of a nuisance abatement lien for recordation shall be in form substantially as follows:

(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)

Unless otherwise prohibited by law or regulation, all city claims and any liens and assessments arising pursuant to this chapter shall accrue interest annually at the rate of eight percent, or at the maximum rate allowed by law if eight percent exceeds this limit, until the claim or lien or assessment, including interest thereon, is paid in full.

(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)

The city manager, or a designee thereof, may implement the notice and procedures pursuant to Government Section 38773.2 for the collection of the city's graffiti abatement and related administrative costs and the perfection of a graffiti nuisance abatement lien against property owned by a minor, the parent(s) of the minor, or other responsible persons. As an alternative to the procedures specified in Government Section 38773.2, the city manager, or a designee thereof, may implement the notice and procedures pursuant to Government Section 38773.6 for the collection of the city's graffiti abatement and related administrative costs and the creation of a special assessment against property owned by a minor, the parent(s) of the minor, or other responsible persons.

(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property, or a person described in paragraph (3) of subdivision (d) of Government Code Section 38772, is responsible for a condition constituting a public nuisance subject to abatement pursuant to applicable provisions of this chapter, except for conditions which are abated pursuant to Section 17980 of the California Health and Safety Code, the court may order an owner of property or that person to pay treble the costs of abatement, as provided in Government Code Section 38773.7. Treble costs may also be imposed upon a minor or other person who defaces property of another by graffiti.

(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)