San Fernando Municipal Code Art. VI Attorneys' Fees and Cost Recovery

(a) In addition to any other remedy provided by law, the city may recover any fee, cost or charge, including any attorneys' fees incurred in the enforcement of any provision of the zoning code, the housing code, building code, electrical code, plumbing code, mechanical code or the uniform code for the abatement of dangerous buildings as provided in this Code. The amount of any such fee, cost, or charge, including any attorneys' fees shall not exceed the actual cost incurred performing the inspections and enforcement activity, including but not limited to permit fees, fines, late charges and interest.

(b) Subsection (a) of this section of this Code, shall not apply to any enforcement, abatement, correction or inspection activity regarding a violation of any provision of sections of the zoning code, the housing code, building code, electrical code, plumbing code, mechanical code or the uniform code for the abatement of dangerous buildings as provided in this Code in which the violation was evident on the plans that received the building permit.

(c) Subsection (a) of this section of this Code shall not apply to owner-occupied residential dwelling units.

(Ord. No. 1538, § 3, 10-21-2002)

(a) If any of the fees, costs, charges, and or attorneys' fees incurred pursuant to this article have not been paid to the city within 45 days of notice thereof, the city may make the amount of the unpaid fee, cost, charge and or attorneys' fees a proposed lien against the property that is the subject of the enforcement activity.

(b) Except as provided in subsection (e) of this section of this Code, the amount of the proposed lien may 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 attaches 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.

(c) The city shall provide the owner of the property with written notice in plain language of the proposed lien, a description of the basis for the amounts comprising the lien, a minimum of 45 days after notice to pay the fee, cost, or charge, and an opportunity to appear before city council and be heard regarding the amount of the proposed lien. The notice shall be mailed by certified mail to the last known address of the owner of the property.

(d) The city council may delegate the holding of the hearing required by subsection (c) of this section of this Code to a hearing board designated by the city council. The hearing board may be the housing appeals board established pursuant to state law or any other body designated by the city council. The hearing board shall make a written recommendation to the city council which shall include factual findings based on evidence introduced at the hearing. The city council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the city council. Notice in writing of the de novo hearing shall be provided to the property owner at least ten days in advance of the scheduled hearing.

(e) If the city council determines that the proposed lien authorized pursuant to subsection (a) of this section of this Code shall become a lien, the body may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the county recorder of the county and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of 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.

(Ord. No. 1538, § 3, 10-21-2002)