San Jose Municipal Code Part 4 Cost Recovery

Whenever costs or expenses are incurred by the city in doing or causing to be done the necessary work of repair, demolition or other abatement work performed pursuant to this title, the city may recover its costs or expenses through the procedures set forth in this part. The procedures in this part are in addition to all other remedies available to the city for collection of such costs or expenses.

(Ords. 21971, 29259.)

The city manager shall keep an itemized account of the expense incurred by the city for abatement actions performed pursuant to the provisions of this Code. Upon the completion of any abatement action, the city manager shall prepare an invoice specifying the actions taken, the itemized and total cost of the actions and any allowable inspection fees, a description of the property where the abatement action was performed, and the names and addresses of the persons entitled to notice pursuant to Section 17.02.130. This invoice will be served on such persons in accordance with the provisions of Section 17.02.140. Such invoices may be served upon the completion of each abatement action or may be served upon the completion of all necessary abatement actions.

(Ord. 21971.)

This invoice shall be paid within thirty days of the date it is served or within the time and in the manner specified by the director of finance. Such payment shall be made to the director of finance.

(Ord. 21971.)

The director of finance shall notify the city manager of the failure of payment of an invoice after the time specified for such payment has expired. Upon such notification, the city manager shall prepare and file with the city clerk a report containing the information required in Section 17.02.310.

The city manager shall place such report on the city council agenda for consideration by the city council. The city council shall fix a time, date and place for hearing said report, and any protests or objections thereto. The city manager shall cause notice of said hearing to be posted upon the property involved and served by certified mail, postage prepaid, addressed to the owner(s) of the property as the name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the city manager. A copy of such notice shall also be served on those persons specified in Section 17.02.130. The city clerk shall cause said notice to be published once in a newspaper of general circulation in the city. Such notice shall be given at least ten days prior to the date set for hearing, and shall specify the day, hour and place when the council will hear and pass upon the city manager's report, together with any objections or protests which may be filed, as hereinafter provided, by any person interested in or affected by the proposed charge.

(Ord. 21971.)

Any person interested in or affected by the proposed charges may file written protests or objections with the city clerk. Such written protests must be filed no later than twenty-four hours before the time set for the hearing on the report of the city manager. Each such protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection. The city clerk shall endorse on every such protest or objection the date it was received by the city clerk. Protests or objections shall be presented to the city council by the city clerk at the time set for the hearing, and no other protests or objections shall be considered.

(Ord. 21971.)

A. The city council may, after the hearing, modify the amount of the charges, discharge the amount of the charges or order that said charge shall he an assessed charge against the property involved.

B. When the city council orders that the charge shall be assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property.

(Ord. 21971.)

Immediately upon the confirmation of the assessment by the city council, the city clerk shall file in the office of the county recorder of Santa Clara county, California, a certificate in substantially the following form:

"NOTICE OF LIEN

Pursuant to the authority vested in the Council of the City of San José by the provisions of Chapter 17.02 of Title 17 of the San José Municipal Code, said council did on or about _________, 19_________, cause the building (or structure) on the real property hereinafter described to be repaired (or demolished), (if other work is done, state nature of such other work) in order to abate a nuisance on said property. Also, the council of the City of San José, pursuant to the provisions of said Chapter 17.02, did on _________, 19_________, assess the cost of such repair (or demolition or other work, as the case may be) upon the real property hereinafter described. Said assessment has not been paid, and the City of San José does hereby claim a lien on said real property for its net expense of the doing of said repair (or demolition or other work, as the case may be) said net expense being the amount of said assessment to wit: the sum of $_________. The same is and shall be a lien upon said real property until said sum has been paid in full and discharged.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain real property situate in the City of San José, County of Santa Clara, state of California, particularly described as follows:

(DESCRIPTIONS)

Dated: This _________ day of _________, 19_________

City Clerk

City of San José

(ACKNOWLEDGMENT)"

(Ord. 21971.)

As an alternative to the procedures set forth in Sections 17.02.330 through 17.02.360, the public hearing before the city council and the imposition of a special assessment lien by the city council referenced in those sections may be conducted and imposed by a designated body pursuant to Chapter 1.18 of this Code.

(Ord. 25264.)

Immediately upon the recording of the notice of lien, the assessment shall be deemed to be complete. Any amounts assessed shall be payable, and the assessments shall be liens against the parcels of land assessed, respectively. The lien shall be subordinate to all existing assessment liens previously imposed upon the same property. The lien shall be paramount to all other liens except for state, county and municipal taxes with which taxes it shall be on a parity.

(Ord. 21971.)

After recording, the notice of lien, required by this chapter, shall be forthwith delivered by the city clerk to the county assessor of the County of Santa Clara, state of California.

(Ord. 21971.)

The county assessor shall enter the amount set forth in said lien on the assessment roll opposite the description of the particular property affected as described on the county assessor's map books for the current year.

(Ord. 21971.)

A. The amount set forth in the notice of lien shall be collected at the same time and in the same manner as city taxes are collected. The assessment shall be subject to the same penalties and interest, and to the same procedure for foreclosure and sale in case of delinquency, as provided for city taxes. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessment.

B. If the city council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as provided for city taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale as provided for city taxes.

(Ord. 21971.)

All such assessments remaining unpaid after thirty days from the date of recording on the assessment roll shall become delinquent. A delinquency penalty of ten percent shall attach to such assessments upon such delinquency.

(Ord. 21971.)