Chapter 1.10
ADDITIONAL REMEDIES
Sections:
1.10.020 Procedure for creation of nuisance abatement lien.
1.10.030 Treble damages for subsequent abatement judgments.
1.10.010 Abatement by city.
Pursuant to California Government Code Section 38773, the city may abate any nuisance at the expense of the persons creating, causing, committing or maintaining the nuisance and any and all expenses of abatement, including reasonable attorney’s fees incurred, shall constitute a lien against the property on which the nuisance is maintained and such debt becomes a personal obligation against the property owner. (Ord. 846 § 2 (part), 1996)
1.10.020 Procedure for creation of nuisance abatement lien.
A. Notice Requirement. Whenever a responsible person refuses to abate a nuisance and the owner or person occupying the property refuse to consent to abatement by the city, the enforcement authority shall serve a written notice to abate such nuisance upon the owner of the property (as shown on the last equalized assessment roll or the supplemental roll, whichever is most current), and on any persons known to be possessing such property.
B. Contents of Notice. The notice shall include the following information:
1. The street address, legal description or other description sufficient to identify the affected property;
2. A statement that the property owner and/or person in possession of the property has 10 calendar days from the date of the notice to voluntarily abate the nuisance;
3. A statement that the property owner and/or person in possession of the property, may, during the period of voluntary abatement, (1) file a written request for a hearing with the city clerk as provided for in Section 1.09.030 of this chapter if there is an objection to the demand to abate the nuisance, or (2) present written evidence to the enforcement authority to show that the property owner or person in possession of the property had no responsibility for creating or maintaining the nuisance on the property and that to be required to remove or abate such nuisance will cause financial or physical hardship; and
4. A statement that if the nuisance is not voluntarily abated within the stated period, and the property owner and/or person in possession of the property fails to present the information set forth in subsection (B)(3) of this section or to file a timely written request for a hearing, all persons served with such notice shall be deemed to have consented to the abatement of the nuisance and that, at the election of the city, the city will abate the nuisance and the costs for such abatement may be charged against the premises and may be recorded as a lien against the premises.
C. Service of Notice. The notice to abate the nuisance 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 Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days. The failure to make or attempt such service on any person as required herein shall not invalidate any proceedings under this chapter as to any other person duly served.
D. Failure to Pay Costs—Authority to Record Lien or to Declare Lien a Special Assessment Against Parcel.
1. Except as to persons who have demonstrated a financial or physical hardship in paying for the costs of abatement, if all or any portion of the costs and expenses incurred by the city in abating the nuisance and accounted for by the enforcement authority remain unpaid after 30 days, pursuant to authority created by law, including Government Code Section 38773, et seq., such portion thereof as remains unpaid shall constitute and shall be declared to constitute a lien on the real property which was the subject of notice to abate.
2. Prior to recordation of the lien, notice shall be given to the land owner. If the land owner, after a diligent search cannot be found, the notice may be served by posting a copy of the notice upon the property subject to the lien, in a conspicuous place, for a period of 10 days. The notice shall also be published in a newspaper of general circulation in the city.
3. The lien shall attach when the city manager or his/her designee records a lien listing delinquent unpaid nuisance abatement costs with the Sacramento County recorder’s office. The lien shall specify the amount of the lien, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the parcel.
4. In addition to the recordation of a lien, the amount of the costs and expenses incurred by the city in abating the nuisance plus a reasonable administrative fee established by the city council from time to time to cover the cost of collection may be declared a special assessment against any real property owned by the responsible person within the city to the extent the responsible person owns more than one parcel within the city. The city council may impose the special assessment on more than one parcel. However, the amount of the assessment shall not exceed the penalty imposed for the administrative violation. The city manager/or his/her designee may present a resolution to the city council to declare a special assessment, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Sacramento County recorder’s office. The assessment may then be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subjected to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
5. In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (D)(1) of this section shall be recorded. (Ord. 846 § 2 (part), 1996)
1.10.030 Treble damages for subsequent abatement judgments.
Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a 2-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to California Health and Safety Code Section 17980. (Ord. 846 § 2 (part), 1996)