Windsor Municipal Code Art. 3 Abatement by Town

a. If such graffiti is not abated as ordered within the abatement period, the Town Manager shall cause the same to be abated by Town employees or private contract. Absent consent to enter the subject property for the purpose of graffiti abatement, the Town Manager shall direct the Town Attorney to obtain the necessary judicial authority for entry and abatement purposes. The cost, including incidental expenses, of abating the graffiti shall be billed to the owner and shall become due and payable thirty (30) days thereafter. The term "incidental expenses" means and includes, but not be limited to, personnel costs, both direct and indirect, including attorney's fees; costs incurred in documenting the graffiti; the actual expenses and costs of the Town in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.

b. A person shall not obstruct, impede, or interfere with the Town Manager, or his representative, or with any person who owns, or holds any interest or estate in any property in the performance of any necessary act, preliminary to or incidental, carrying out an abatement order issued pursuant to Sections 3-8-220 and 3-8-240 of this chapter.

(Ord. No. 96-82 § 1 (part))

The Town Manager shall keep an account of the cost, including incidental expenses, of abating such graffiti on each separate lot or parcel of land where the work is done by the Town and shall render an itemized report in writing to the Town Council showing the cost of abatement, as defined in Section 3-8-300; provided that before said report is submitted to the Town Council, a copy of the same shall be posted for at least five (5) days upon or in front of such property, together with a notice of the time when said report shall be heard by the Town Council for confirmation. A copy of the report and notice shall be served upon the owners of said property in accordance with the provisions of Section 3-8-215 at least five (5) calendar days prior to submitting the same to the Town Council. Proof of the posting and service shall be made by affidavit filed with the Town Clerk.

(Ord. No. 96-82 § 1 (part))

a. The total cost for abating such graffiti, as so confirmed by the Town Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

b. After such confirmation and recordation, a certified copy of the Council's decision shall be filed with the Sonoma County Auditor-Controller on or before August 1st of each year, whereupon it shall be the duty of the Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said 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 the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

c. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(Ord. No. 96-82 § 1 (part))

Such Notice of Lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN

(Claim of Town of Windsor)

Pursuant to the authority vested by the provisions of Section _______ of Windsor Ordinance No. _____, the Town Manager of the Town of Windsor did on or about the _____ day of _______, 19___, cause graffiti on the property hereinafter described to be removed in order to abate such public nuisance on said real property, and the Town Council of the Town of Windsor did on the _____ day of _______, 19___, assess the cost of such removal of said graffiti; and the same has not been paid nor any part thereof; and that the Town of Windsor does hereby claim a lien on such graffiti removal in the amount of said assessment, to wit; the sum of $_______ and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the Town of Windsor, County of Sonoma, State of California, and particularly described as follows:

(description)

Dated this _____ day of ________, 19___.

___________ Town Manager Town of Windsor

(Ord. No. 96-82 § 1 (part))