Shasta Lake Municipal Code Art. X Recovery of Cost of Abatement

A. Every owner of property within the city is liable to the city for the total cost of abatement proceedings undertaken pursuant to this chapter on his or her property accrued to the date of final resolution of the proceedings, including the recordation of liens pursuant to this chapter, if any. Such costs shall include without limitation, costs of inspection, including inspections which form the basis of the building official's notice and order; expenses associated with issuing and serving the building official's notice and order and the final decision and order, if any; expenses associated with the appeal of the building official's notice and order, if any; attorneys' fees pursuant to Section 8.16.280, if any; the cost of repair, securement, demolition or any other abatement of the dangerous building or structure; costs of title reports, placing or removing liens and closing the file, and any other related administrative costs.

B. The director of development services or his/her designee, in his/her sole discretion, may waive any portion of or all of the costs of abatement proceedings in the event the owner of the property voluntarily complies with the building official's notice and order.

C. All costs not otherwise paid by the owner or waived by the building official shall be collected pursuant to the procedures set forth in this part of this chapter.

(Ord. 00-126 § 2 (part))

A. In the event the city repairs, secures, demolishes or otherwise abates the dangerous building and the abatement consists in part of removal of materials or demolition of a building or structure, the city may, at the city's sole discretion, sell the removed materials or materials contained in the demolished building or structure at public sale to the highest responsible bidder. The city shall notice the sale by publication at least five days prior to the date of the sale. The notice shall be published twice in a newspaper of general circulation in the city. The notice by publication may occur either before or after the removal of the materials or demolition of the building or structure.

B. Any monies received from the sale of such removed materials or materials contained in the demolished building or structure shall be deducted from the expense of abatement.

(Ord. 00-126 § 2 (part))

A. The building official shall keep an itemized account of all expenses incurred by the city in the abatement of the dangerous building, including without limitation, those costs and expenses set forth in this chapter.

B. The building official shall keep an itemized account of all revenue received by the city for any sale of materials pursuant to Section 8.16.330.

C. Upon the completion of the work, the building official shall prepare a report, verified by the city official in charge of doing the work, specifying the following information:

1. The work done in repairing, securing, demolishing or otherwise abating the dangerous building, if any;

2. The itemized and total cost of the abatement proceedings undertaken pursuant to this chapter, including without limitation those costs and expenses set forth in this chapter;

3. The itemized and total revenue received from any sale of materials pursuant to Section 8.16.330;

4. The net expenses of the abatement (gross expenses less the revenue from any sale of materials pursuant to Section 8.16.330);

5. A description of the real property upon which the building or structure is or was located;

6. The names and addresses of the persons entitled to notice pursuant to Section 8.16.130;

7. Notice of the time, date and place when and where the abatement hearing officer will hear and pass upon the report, together with any objections or protests which may be filed by any person interested in or affected by the proposed charge, and shall confirm, reject or modify the report and determine whether the charge shall be made a personal obligation of the property owner(s) and charged as a lien against the property involved;

8. A statement that the decision and order of the abatement hearing officer after the hearing is a final decision and order and is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.6.

(Ord. 00-126 § 2 (part))

A. The building official's report and notice of the hearing shall be posted on the property and served by certified return receipt mail and first-class mail, postage prepaid, addressed to the persons entitled to notice pursuant to Section 8.16.130 as their names and addresses appear on the last equalized assessment roll of the county or supplemental roll whichever is more current, if such so appears, or as known to the building official.

B. Service of the report and notice shall be made at least ten days prior to the date set for hearing.

C. All costs associated with service of the report and notice shall be added to total expenses to be reviewed by the abatement hearing officer.

(Ord. 00-126 § 2 (part))

Any person interested in or affected by the proposed charge may file written protests or objections with the building official at any time prior to the time set for the hearing on the report of the building official or may make an oral protest at the hearing. Each written protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The building official shall endorse on every such protest or objection the date it was received by him/her. The building official shall present such protests or objections to the abatement hearing officer at the time set for the hearing, and no other written protests or objections shall be considered.

(Ord. 00-126 § 2 (part))

The protests heard by the abatement hearing officer pursuant to Section 8.16.360 shall relate only to the charge to be made for abatement, and no protest concerning the action of the building official or the abatement hearing officer in ordering the repair, securement, demolition or other abatement of the dangerous building shall be heard at this time.

(Ord. 00-126 § 2 (part))

Upon the day and hour fixed for the hearing, the abatement hearing officer shall hear and pass upon the report of the building official together with any such objections or protests and shall confirm, reject or modify the report. The abatement hearing officer may make such revision, correction or modification of the report or the charge as it may deem just; and in the event the abatement hearing officer is satisfied with the correctness of the charge, the building official's report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected.

(Ord. 00-126 § 2 (part))

The abatement hearing officer may order that the charge be made a personal obligation of each owner of the property and charged against the property involved as a lien.

(Ord. 00-126 § 2 (part))

A. The decision and order of the abatement hearing officer is a final decision subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.6.

B. A copy of the final decision and order of the abatement hearing officer shall be served, no later than five days from the date of final decision, by certified return receipt mail and first-class mail, postage prepaid, addressed to the persons entitled to notice pursuant to Section 8.16.130 as their names and addresses appear on the last equalized assessment roll of the county or supplemental roll whichever is more current, if such so appears, or as known to the building official.

(Ord. 00-126 § 2 (part))

A. If the abatement hearing officer orders that the charge shall be a personal obligation of the property owner, it shall direct the city attorney or the finance division to collect the same on behalf of the city by the use of all appropriate legal remedies.

B. If the abatement hearing officer orders that the charge shall be charged against the property as a lien, then in the event the charge contained by the abatement hearing officer is not paid within five days after service of the decision of the abatement hearing officer, the charge shall constitute a lien on the property. The lien shall continue until the amount of the charge and interest thereof at the legal rate, computed from the date of confirmation of the charge, is paid or until it is discharged of record.

C. The lien shall have the priority of a judgment lien.

(Ord. 00-126 § 2 (part))

After notice to the property owner(s) as provided in Section 8.16.440, the city clerk shall record a notice of lien with the county recorder within sixty (60) days after the confirmation of the charge by the abatement hearing officer.

(Ord. 00-126 § 2 (part))

The notice of lien shall be in substantially the following form:

NOTICE OF LIEN

NOTICE IS HEREBY GIVEN that pursuant to Shasta Lake Municipal Code Chapter ___, the City of Shasta Lake undertook the following actions:

1. On _____, the Abatement Hearing Officer of the City of Shasta Lake ordered the abatement of a dangerous building on the real property described herein.

2. On _____, the City of Shasta Lake abated the dangerous building.

3. On _____, the City of Shasta Lake confirmed the cost of the abatement of the dangerous building and charged such cost as a lien against the real property described herein.

4. As of the date of recordation of this Notice of Lien, the cost of the abatement has not yet been paid, and the City of Shasta Lake does hereby claim a lien on the real property described herein for the net expense of abating the dangerous building on the property in the amount of ($_______) and this amount shall be a lien upon the real property described herein until the full amount, with interest at the legal rate, has been paid in full and discharged of record.

5. As of the date of recordation of this Notice of Lien, the name and address of the record owner of the property described below is:

___________

6. The real property upon which the lien is claimed is that certain real property commonly known as _______, Assessor's Parcel No. _______, and more particularly described in Exhibit "A", attached hereto and incorporated by reference herein.

Dated:_____ CITY OF SHASTA LAKE

_______ Name of Officer

(Ord. 00-126 § 2 (part))

A. The city clerk shall serve the notice of lien on the owner of record of the property on which the dangerous building was located based on the last equalized assessment roll or the supplemental roll, whichever is more current.

B. The notice of lien shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. If the owner of record cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period of ten days and by publication in a local newspaper of general circulation pursuant to Government Code Section 6062.

(Ord. 00-126 § 2 (part))

In the event the lien is discharged, released or satisfied, either through payment or foreclosure, the city clerk shall record a notice of discharge in substantially the following form:

DISCHARGE OF LIEN

NOTICE IS HEREBY GIVEN that pursuant to Shasta Lake Municipal Code Chapter ___, the City of Shasta Lake undertook the following actions:

1. On _______, the Abatement Hearing Officer of the City of Shasta Lake ordered the abatement of a dangerous building on the real property described herein.

2. On _______, the City of Shasta Lake abated the dangerous building.

3. On _______, the City of Shasta Lake confirmed the cost of the abatement of the dangerous building and charged such cost as a lien against the real property described herein.

4. The amount of the lien claimed by the City of Shasta Lake was _______ ($_____), with interest at the legal rate.

5. As of the date of recordation of this Discharge of Lien, the name and address of the record owner of the property described below is:

___________.

6. The lien claimed by the City of Shasta Lake has been discharged, released or satisfied and the City of Shasta Lake no longer claims a lien on the real property described herein.

7. The real property upon which the lien was claimed is that certain real property commonly known as _______, Assessor Parcel No. ___, and more particularly described in Exhibit "A", attached hereto and incorporated by reference herein.

Dated:_____ CITY OF SHASTA LAKE

_______ Name of Officer

(Ord. 00-126 § 2 (part))