Suisun City Municipal Code Art. III Cost Recovery; Penalties

The council finds that substantial public resources are spent each year to enforce this Code and state laws, as well as federal and county laws that may fall within the jurisdiction of the city, enacted to protect the public health, safety, and welfare. The council finds that the responsibility of these costs, abatement and enforcement costs, should be properly placed on those persons responsible for violating this Code or federal, state and county laws and/or causing public nuisances. The council further finds that the recovery of costs incurred by the city to enforce these laws and to collect penalties issued to those persons causing public nuisances and/or violating these laws is important in deterring future violations and maintaining the integrity of the city's code enforcement system. The purpose of this article is to provide a means for the City of Suisun City under its police power authority and other applicable law to recover these costs and penalties from those persons responsible for creating, causing, committing, or maintaining a public nuisance or Suisun City Municipal Code or other law violation.

(Ord. No. 806, § 2, 10-17-2023)

A. Special Assessment and Lien or Personal Obligation. The cost of abating a public nuisance and/or enforcing this chapter or applicable federal, state or county law shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property and/or the person responsible for creating, causing, committing or maintaining the public nuisance or violating this chapter or federal, state or county law. If there is more than one responsible person, each responsible person shall be jointly and severally liable for the costs. Costs incurred by the city are recoverable even if a public nuisance, this Code, or other law violation is corrected by the property owner or other responsible person.

B. Applicability. This article shall govern the procedures used to recover all abatement and enforcement costs incurred by the city in the abatement of a public nuisance or violation of this chapter and/or the enforcement of this chapter or other law pursuant to the procedures and authority found in this Code. Additionally, this article shall govern the procedures used to recover multiple response costs imposed pursuant to the procedures and authority found in this Code.

C. Payment Plan. Nothing in this article shall prevent the city at any time from accepting payment for unpaid costs or penalties in full, or by way of a payment plan.

(Ord. No. 806, § 2, 10-17-2023)

Any costs incurred by the fire department in fighting a fire arising from the burning of any vegetation or rubbish, including the cost of providing rescue and emergency medical services, shall be charged to the property owner consistent with this chapter, and any applicable charges as may be set forth in the city's master fee schedule.

(Ord. No. 806, § 2, 10-17-2023)

A. Invoice. Notice of an invoice of costs shall be provided to the responsible party. The notice shall include the following:

1. A description of the abatement or enforcement action taken by the city, where applicable a description of the property subject to the abatement or enforcement, and the total amount of the abatement and enforcement costs incurred by the city. The requirements of this subsection may be met by providing the noticed party with a copy of the report required by this Subsection (A).

2. That should the noticed party fail to pay the costs within 30 days from the date of service of the notice the costs may be collected in any or all of the following ways: by a collection agency as a personal obligation, by the city attorney's office through judicial action, a lien attached to the subject property, or pursuant to an assessment attached to property taxes.

3. That the noticed party has a right to an administrative review of the invoiced costs incurred by the city by filing a written request for such review with the city clerk within 15 days of the date of the invoice. A failure to timely request administrative review will be deemed a waiver of a right to review of the amount of the costs.

4. That before a special assessment or lien is placed on the subject property, the costs will be confirmed by the city council and a notice will be issued at least 15 days before the council meeting.

5. That the invoice may be recorded as a notice of costs or penalties in the Solano County Recorder's Office.

B. Recording. The city may record the invoice as a notice of costs or penalties in the Solano County Recorder's Office. Once payment is received for the outstanding costs and/or penalties, or any reduction of costs following administrative review, and no further action will be taken under this article, the city shall record a notice of satisfaction.

(Ord. No. 806, § 2, 10-17-2023)

A. Procedures for Administrative Review. If a request for administrative review is timely filed, the city clerk shall deliver a copy of the invoice of costs incurred by the city and request for administrative review to the city manager, which may include the appointment of a hearing officer, who shall set a date and time to review the invoice of costs with the requesting party. The administrative review shall be an informal proceeding where the enforcement department and requesting party may present any evidence they deem pertinent to the amount of the costs. The scope of review shall be limited to the amount of the costs.

B. Decision. The city manager may affirm or reduce the costs if they determine that the costs are not supported by the evidence or upon a showing that the costs were unnecessary or unreasonable. The city manager will not pass upon the validity of the underlying enforcement action or the amount of any penalties. The decision shall be memorialized in writing. The city manager may approve a payment plan for the costs.

C. Time for Payment. The responsible party shall have 30 days from the date of the decision to pay the costs, unless a payment plan is approved, in which case the costs shall be paid in accordance with the payment plan.

(Ord. No. 806, § 2, 10-17-2023)

Abatement and enforcement costs unpaid after the required time set forth in this chapter may be collected in the matter set forth in this article. Interest shall accrue at a rate of ten percent per year on unpaid costs until paid.

(Ord. No. 806, § 2, 10-17-2023)

Any costs or penalties subject to collection under this chapter may be recovered as a personal obligation against the responsible party and may be referred to a collection agency or the city attorney's office for collection. Upon referral of these costs and obligations, the collection agency and the city attorney's office may seek collection through any legal means provided to them, including judicial action. Nothing in this section shall be affected by or affect the city's use of any other procedure provided in this article or by law to collect unpaid costs and penalties. In a judicial action to recover abatement costs, the city attorney's office may elect to recover attorneys' fees. In any action in which the city attorney's office elects to recover attorneys' fees under this section, attorneys' fees will be recovered by the prevailing party.

(Ord. No. 806, § 2, 10-17-2023)

A. Collection. Unpaid penalties, abatement costs, and enforcement costs (collectively, "penalties and costs") that relate to a public nuisance abatement may be confirmed by the city council as a special assessment and collected with property taxes or as a judgment lien, in accordance with applicable law.

B. Notice. Notice of a public meeting to confirm the penalties and costs shall be provided to all noticed parties by the enforcing department or city clerk at least 15 days before the meeting. The notice shall:

1. Contain a description of the subject property sufficient to enable the person(s) served to identify it;

2. Shall state that the city intends to collect unpaid costs or penalties by placing a lien or a special assessment on the subject property;

3. Shall specify the day, hour, and place where the council will hear and pass upon the penalties and/or costs;

4. Shall specify that the property may, in some cases, be sold after three years by the tax collector pursuant to Revenue and Tax Code Section 3691 for unpaid delinquent assessments or be subject to judicial foreclosure before the three years; and

5. Shall specify that any noticed party may appear at the council meeting and present objections to the lien or assessment.

C. Service of Notice. Notice shall be given either by personal service or by depositing the notice in the United States mail, postage prepaid, addressed to the owner of such lot or parcel of land and/or lessee as it appears on the last available equalized assessment roll, supplemental roll of the County of Solano, or as otherwise known to the city by virtue of more recent or reliable information. If no address appears or is known to the city, then a copy of the notice may be mailed to the property address. A copy of the notice may also be posted on the property in a conspicuous place. Where known, a copy may also be provided by e-mail. The failure of any person to receive the notice required by this section shall not affect the validity of any proceedings taken under this chapter.

D. Confirmation by City Council. During the city council meeting the council may adopt a resolution confirming the amount of the penalties and costs, or any lesser amount, based upon staff reports and any public comments received during the meeting. The city council shall take into consideration whether any noticed party sought administrative review of the costs and shall only reduce the costs if:

1. The responsible party sought administrative review; and

2. The decision of the city manager is not supported by substantial evidence in the record. The basis for the code enforcement action will not be the subject of the city council's consideration.

Where the costs have already been approved by a court of competent jurisdiction or the penalties have been previously upheld in an abatement or other administrative hearing held under this Code, the city council shall simply confirm the costs or penalties.

The city council may confirm the costs for more than one property in a single resolution. If the city council confirms the costs, the procedures set forth in this section may be utilized.

E. Time to Contest Confirmed Special Assessment or Lien. The validity of any special assessment or lien levied under the provisions of this section shall not be contested in any action or proceeding unless such action or proceeding is commenced within 30 days after the special assessment is confirmed by the city council.

F. Recording. Immediately upon the city council's confirmation of costs or penalties, the city clerk shall record a notice of special assessment and lien in the office of the county recorder, which shall constitute a lien on that property for the amount of the assessment, 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 that included the special assessment imposed under this section would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of abatement and enforcement relating to the property shall be transferred to the unsecured roll for collection.

G. Form of Notice of Special Assessment and Lien. The notice of special assessment and lien for recordation shall be in the form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT AND LIEN

(Claim of the City of Suisun City)

Under authority vested by provision of Chapter 8.12 of the Suisun City Municipal Code, the City of Suisun City did on or about the ___ day of _______, 20___, assess [describe penalties, abatement costs, enforcement costs] on the real property hereinafter described; and the same has not been paid nor any part thereof and the City of Suisun City does hereby claim a lien for such [penalties, abatement costs, and enforcement costs] to wit: the sum of _______ dollars, plus legal rate of interest to be accrued from the date of recording this lien, and any and all administrative costs to file and record the lien. The same shall be a lien upon the real property until it has been paid in full and discharged of record.

The real property hereinafter mentioned, upon which a lien is claimed, is that certain parcel of land in the City of Suisun City, County of Solano, State of California, more particularly described as follows:

[include description of property including address and APN]

DATED: this ___ day of _______, 20___

________ City of Suisun City

(Job Title)

H. Collection With Taxes. After confirmation and recordation, a copy may be turned over to the Solano County Tax Collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedures and sale in the cases of delinquency as provided for with ordinary municipal taxes.

I. Foreclosure. After confirmation and recording, the lien may also be foreclosed by judicial or other sale in the manner and means provided by law. The city may recover from the record property owners, any costs incurred regarding a foreclosure action.

J. Priority. A special assessment and lien imposed under this article shall have the priority of a tax lien, unless prohibited by state law, in which case the special assessment and lien shall have the priority of a judgment lien.

K. Release of Lien. Once payment in full is received for the special assessment and lien, including applicable penalties, administrative fees and interest charges; or the amount is deemed satisfied pursuant to a subsequent administrative or judicial order; or the city has entered into some other arrangement with the property owner for satisfaction of the assessment; the enforcing department shall either record a notice of satisfaction or provide the property owner or financial institution with the notice of satisfaction so they can record the Notice with the Solano County Recorder's Office.

L. Refund. The city council may order a refund of all or part of a tax paid pursuant to this chapter if it finds that all or part of the tax has been erroneously levied. A tax or part thereof shall not be refunded unless a claim is filed with the city clerk in accordance with the city's claim filing requirements, and in no event later than November 1 after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his/her guardian, executor or administrator.

(Ord. No. 806, § 2, 10-17-2023)

A. Public nuisances may be enforced by one or more of the following nonexclusive remedies. Property owners, tenants, and any person in control of real property shall be jointly and severally responsible to abate a public nuisance.

1. Abatement and cost recovery proscribed in this chapter, and/or Section 3490 et seq. of the Civil Code.

2. Administrative citations, pursuant to Chapter 1.20.

3. Criminal complaint or citation, pursuant to Chapter 1.08.

4. Injunctive relief.

5. Receivership, pursuant to Section 17980.7 of the Health and Safety Code.

6. Unlawful business practices, pursuant to Section 17200 et seq. of the Business and Professions Code.

7. Red light abatement, as set forth in Penal Code Section 11225 et seq.

8. Drug abatement, as set forth in Health and Safety Code Section 11570 et seq.

9. State housing law, as set forth in Health and Safety Code Section 17910 et seq.

10. Any other available remedy set forth in this Code, Uniform Codes, or state law.

B. Each day a violation continues is deemed a new violation.

C. Recovery of Treble Damages. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner is responsible for a condition which may be abated as a nuisance, the court may order the property owner to pay treble (three times) the cost of abatement. This section shall not apply to conditions abated pursuant to Section 17980 of the California Health and Safety Code.

D. Violations of this chapter shall be strict liability offenses.

E. All penalties and remedies available to the city for violations of this chapter may be imposed individually or collectively, and shall not be exclusive of any other remedy.

(Ord. No. 806, § 2, 10-17-2023)