For the purposes of this chapter the terms “arresting officer” and “officer” shall mean any policeman of the city, the chief of police or any official of the city, including the building inspector, who is charged with the enforcement of the ordinance in question or the city administrator. (Ord. No. 734, § 2)

6A.3 Preparation and contents of notice to appear in court.

Whenever any person is arrested for the violation of any ordinance of this city and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the state, the arresting officer shall prepare in quadruplicate a written notice to appear in court, containing the name and address of such person, the offense charged and the time and place when and where such person shall appear in court. (Ord. No. 734, § 2)

6A.4 Time and place of appearance.

(a) The time specified in the notice to appear shall be not less than ten days after such arrest.

(b) The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with or shall be before an officer authorized by such court to receive a deposit of bail. (Ord. No. 734, § 2)

6A.5 Arrested person to sign copy of notice to appear; delivery of duplicate copy of notice to magistrate; bail; failure to appear.

(a) The arresting officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.

(b) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified in the notice. Thereupon the magistrate will fix the amount of bail in accordance with law. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear either in person or by counsel, the magistrate may declare the bail forfeited and may, in his discretion, order that no further proceedings be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to section 1463 of the Penal Code of the state. (Ord. No. 734, § 2)

6A.6 Warrant for arrest of person violating promise to appear—When to issue.

A warrant shall not be issued on such charge for the arrest of a person who, pursuant to the provisions of this chapter, has given such written promise to appear in court unless and until he has violated such promise or has failed to deposit bail or to appear for arraignment, trial or judgment or to comply with the terms and provisions of the judgment as required by law. (Ord. No. 734, § 2)

6A.7 Same—Procedure.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in section 6A.5(b), the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date on which he promised to appear, then within twenty days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (Ord. No. 734, § 2)

6A.8 Violation of written promise to appear.

Any person wilfully violating his written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. Such violation is punishable by a fine not to exceed five hundred dollars or by imprisonment in the county or city jail for not to exceed six months or by both such fine and imprisonment. (Ord. No. 734, § 2)

6A.9 Reserved.

Editor’s note—Ord. No. 77-15, § 1, adopted April 18, 1977, specifically amended the Code by repealing § 6A.9, which had provided a penalty for violation of the chapter. Said section had been derived from Ord. No. 734, § 2.

6A.10 Authority for enactment of chapter.

The provisions of this chapter have been enacted pursuant to the provisions of chapter 5b of the Penal Code of the state. (Ord. No. 734, § 2; Ord. No. 77-15, § 5, 4-18-77)

ARTICLE II. ADMINISTRATIVE CITATIONS

6A.11 Administrative citations—Applicability.

Sections 6A.11 through 6A.23 herein provide for administrative citations which are in addition to all other civil legal remedies and which are an alternative to any criminal legal remedies, which may be pursued by the city to address any violation of the City Code and Gilroy Zoning Code (“Zoning Code”). (Ord. No. 2004-09, § II, 6-21-04)

6A.12 Definitions.

For purpose of this chapter the following definitions shall apply:

“City administrator” shall mean the city administrator or his or her designee.

“Enforcement officer” shall mean the city administrator, or any city employee of the city designated by the city administrator to enforce any provision of the City Code or Zoning Code.

“Hearing officer” shall mean any person designated by the city administrator to hear appeals of administrative citations and to hear administrative compliance hearings. The hearing officer shall not be the citing enforcement officer. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the hearing officer. (Ord. No. 2004-09, § II, 6-21-04)

6A.13 Administrative citation.

(a) Whenever an enforcement officer charged with the enforcement of this code determines that a violation of a provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

(b) Each administrative citation shall contain the following information:

(1) The date of the violation;

(2) The address or a definite description of the location where the violation occurred;

(3) The section of the City Code or Zoning Code violated and a description of the violation;

(4) The amount of the penalty for the code violation;

(5) A description of the penalty payment process, including a description of the time within which and the place to which the penalty shall be paid;

(6) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

(7) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

(8) The name and signature of the citing enforcement officer.

(c) Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to health or safety, the enforcement officer shall provide a reasonable period of time not less than ten (10) business days to correct or otherwise remedy the violation. (Ord. No. 2004-09, § II, 6-21-04)

6A.14 Amount of penalties.

(a) The amounts of the penalties for code violations imposed pursuant to this chapter shall be set forth in the schedule of penalties established by resolution of the city council.

(b) The schedule of penalties established by resolution of the city council shall specify any increased penalties for repeat violations of the same code provision within thirty-six (36) months from the date of an administrative citation.

(c) The schedule of penalties established by resolution of the city council shall specify the amount of any late payment charges imposed for the payment of a penalty after its due date. (Ord. No. 2004-09, § II, 6-21-04)

6A.15 Payment of penalty.

(a) The penalty shall be paid to the city finance department within thirty (30) days from the date of the administrative citation.

(b) Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. (Ord. No. 2004-09, § II, 6-21-04)

6A.16 Hearing request.

(a) Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the city clerk within thirty (30) days from the date of the administrative citation, together with an advance deposit of the total penalty amount or an advance deposit hardship waiver application form as described in section 6A.23.

(b) A request for hearing form may be obtained from the city clerk.

(c) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

(d) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five (5) days prior to the date of the hearing. (Ord. No. 2004-09, § II, 6-21-04)

6A.17 Hearing procedure.

(a) No hearing to contest an administrative citation before a hearing officer shall be held unless the penalty has been deposited in advance in accordance with section 6A.16(a) or an advance deposit hardship waiver has been filed with and accepted by the city clerk pursuant to section 6A.23.

(b) A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

(c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

(d) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the penalty and a failure to exhaust his or her administrative remedies.

(e) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

(f) The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the citation prior to issuing a written decision. (Ord. No. 2004-09, § II, 6-21-04)

6A.18 Hearing officer’s decision.

(a) After considering all of the oral and written evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list the reasons for that decision. The decision of the hearing officer shall be final.

(b) If the hearing officer determines that the administrative citation should be upheld, he or she shall impose a penalty not to exceed the maximum provided in the schedule of administrative penalties adopted by the city council resolution in effect on the date when the violation occurred. The city finance department shall retain the penalty amount on deposit with the city. If the hearing officer determines that the administrative citation should be upheld and the penalty was not deposited pursuant to a waiver under section 6A.23, the hearing officer shall set forth in the decision an order for payment of the penalty and a payment schedule for the penalty.

(c) The hearing officer may assess administrative costs against the violator when the hearing officer determines that a violation has occurred and that compliance was not achieved. Administrative costs may include any and all costs incurred by the city (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the city in connection with the hearing before the hearing officer, including but not limited to costs the enforcement officer incurred in preparation for the hearing and for participating in the hearing itself, and costs of the city to conduct the hearing.

(d) Failure to pay administrative penalties and administrative costs in the amounts specified in the administrative hearing officer’s decision on or before the date specified in that decision shall constitute a violation of this Code punishable as an infraction or misdemeanor and shall further be subject to collection and late charges as otherwise provided for administrative penalties herein.

(e) If the hearing officer determines that the administrative citation should be cancelled, the city finance department shall promptly refund the amount of the deposited penalty.

(f) The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision. (Ord. No. 2004-09, § II, 6-21-04)

6A.19 Late payment charges.

Any person who fails to pay to the city any penalty imposed pursuant to the provisions of this chapter on or before the date that penalty is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of penalties. (Ord. No. 2004-09, § II, 6-21-04)

6A.20 Recovery of administrative citation penalties and collection costs.

The city may collect any past due administrative citation penalty, late payment charge and costs of collection by use of any and all available legal means. (Ord. No. 2004-09, § II, 6-21-04)

6A.21 Right to judicial review.

Any person aggrieved by an administrative decision of the hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in Santa Clara County in accordance with the time lines and provisions set forth in California Government Code section 53069.4. (Ord. No. 2004-09, § II, 6-21-04)

6A.22 Notices.

Whenever a notice is required to be given under this chapter, unless different provisions are otherwise specifically made, such notice may be given either by personal delivery to the person to be notified or by deposit in the United States Mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at the last known business or residence address as the same appears in the last equalized county assessment roll or to the records pertaining to the matter to which such notice is directed. Service by mail shall be deemed completed at the time of deposit in the United States Mail receptacle is made. Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder. (Ord. No. 2004-09, § II, 6-21-04)

6A.23 Advance deposit hardship waiver.

(a) Any person who intends to request a hearing to contest an administrative citation, and who is financially unable to make the advance deposit of the penalty as required in section 6A.16(a), may file a request for an advance deposit hardship waiver which shall include a sworn affidavit as described in subsection (c) below.

(b) The request shall be filed, along with the request for hearing form, with the city clerk on an advance deposit hardship waiver application form, available from the city clerk’s office, within thirty (30) days of the date of the administrative citation.

(c) The city administrator may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the city clerk a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the city administrator the person’s actual financial inability to deposit with the city the full amount of the penalty in advance of the hearing. In determining the cited party’s financial ability or inability to deposit the full amount of the penalty in advance, the city administrator shall consider the amount of the penalty imposed, the income of the cited party, the expenses of the cited party, and any other factors that are reasonably related to the cited party’s ability to deposit the full amount.

(d) The requirement of depositing the full amount of the penalty as described in section 6A.16(a) shall be stayed unless or until the city administrator makes a full determination not to issue the advance deposit hardship waiver.

(e) If the city administrator makes a determination to deny the advance deposit hardship waiver application, a written determination listing the reasons for said denial shall be issued. The written determination to deny the waiver shall be final.

(f) The written determination of the city administrator’s denial of the advance deposit hardship waiver shall be served by mail upon the person who applied for the waiver. (Ord. No. 2004-09, § II, 6-21-04)

ARTICLE III. ADMINISTRATIVE ORDERS

6A.24 Administrative orders—Applicability.

Sections 6A.24 through 6A.42 herein provide for administrative orders which are in addition to all other civil legal remedies and which are an alternative to any criminal legal remedies, which may be pursued by the city to address any violation of the City or Zoning Code. (Ord. No. 2004-09, § III, 6-21-04)

6A.25 Compliance order.

(a) Whenever the enforcement officer determines that a violation of any provision of the City Code or Zoning Code is occurring or exists on a continuing basis, a written compliance order may be issued to any person responsible for the violation and/or the property owner.

(b) A compliance order issued pursuant to this chapter shall contain the following information:

(1) The date and location of the violation;

(2) The section of the City Code or Zoning Code violated and a description of the violation;

(3) The actions required to correct the violation;

(4) The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;

(5) Either a copy of Chapter 6A or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeal process. (Ord. No. 2004-09, § III, 6-21-04)

6A.26 Method of service.

(a) All notices required herein shall be served as provided in section 6A.27 of this chapter unless otherwise specified.

(b) Where real property is involved, written notice shall be mailed to the property owner at the address as shown on the last equalized county assessment roll.

(c) Where personal service or service by mail upon the property owner cannot be made despite a diligent effort, a copy of the order shall be conspicuously posted at the property that is the subject of the order.

(d) The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter. (Ord. No. 2004-09, § III, 6-21-04)

6A.27 Notice service procedure.

Whenever a notice is required to be given under this chapter, unless different provisions are otherwise specifically made, such notice may be given either by personal delivery to the person to be notified or by deposit in the United States Mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at the last-known business or residence address as the same appears in the last equalized county assessment roll or to the records pertaining to the matter to which such notice is directed. Service by mail shall be deemed completed at the time of deposit in the United States Mail receptacle is made. Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder. (Ord. No. 2004-09, § III, 6-21-04)

6A.28 Hearing.

(a) If the enforcement officer determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken.

(b) If full or partial compliance is not achieved within any of the times specified in the compliance order for full or partial compliance, the enforcement officer shall set a hearing before the hearing officer.

(c) The enforcement officer shall cause a written notice of hearing to be served on the violator and, where real property is involved, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized county assessment roll available on the date the notice is prepared.

(d) All hearings shall be open and public. (Ord. No. 2004-09, § III, 6-21-04)

6A.29 Notice of hearing.

(a) Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the hearing officer.

(b) Each hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days from the date of the notice of hearing unless the enforcement officer determines that the matter is urgent or that good cause exists for an extension of time.

(c) The hearing serves to provide the full opportunity of a person subject to a compliance order to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any person subject to a compliance order, pursuant to this chapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies. (Ord. No. 2004-09, § III, 6-21-04)

6A.30 Hearing—Findings and order.

(a) At the place and time set forth in the notice of hearing, the hearing officer shall conduct a hearing on the compliance order issued pursuant to section 6A.25.

(b) The hearing officer shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance by the violator and/or by the real property owner, including but not limited to:

(1) The report of the enforcement officer;

(2) Objections or protests of property owners or other responsible or interested persons who may be held liable for the amounts owed or whose property may be assessed or liened for the amounts owed;

(3) Evidence on whether the person before the hearing officer is responsible for the amounts owed to the city;

(4) Evidence on whether the person responsible for the amounts owed to the city has taken the required corrective action within the required time period; and

(5) Such other and further evidence as justice may require.

(c) Within a reasonable time following the conclusion of the hearing, the hearing officer shall make findings and issue its determination regarding;

(1) The existence of the violation; and

(2) The failure of the violator or owner to take required corrective action within the required time period.

(d) The hearing officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

(e) If the hearing officer finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order pursuant to section 6A.31.

(f) If the hearing officer finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the hearing officer shall issue a finding of those facts. (Ord. No. 2004-09, § III, 6-21-04)

6A.31 Administrative order.

(a) If the hearing officer determines that a violation occurred which was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order that imposes any or all of the following:

(1) An order to correct, including a schedule for correction where appropriate;

(2) Administrative penalties as provided in section 6A.32.

(3) Administrative costs as provided in section 6A.33; and

(4) Interest as provided in section 6A.34.

(b) The administrative order shall state that failure to comply with its provisions may, pursuant to the City Code Sections 5B and 5C, or Zoning Code section 53.30, in addition to any other remedies provided by law, result in the city abating the nuisance and charging the cost of said abatement plus all administrative costs to the property owner, and may further result in the city collecting the monies due as a personal obligation of the responsible party or by recordation of a lien or filing of a special assessment against the subject real property. (Ord. No. 2004-09, § III, 6-21-04)

6A.32 Administrative penalties.

(a) The hearing officer may impose daily administrative penalties for the violation of any provision of the City Code or Zoning Code in the amount set forth in the schedule of penalties established by resolution by the city council. The hearing officer may suspend administrative penalties for any period of time during which the violator has filed for necessary permits and such permit applications are actively pending before the city, state or other appropriate public agency.

(b) In determining the amount of the administrative penalty, the hearing officer may take any or all of the following factors into consideration:

(1) The duration of the violation;

(2) The frequency, recurrence and number of violations, related or unrelated, by the same violator;

(3) The seriousness of the violation;

(4) The good faith efforts of the violator to come into compliance;

(5) The economic impact of the penalty on the violator;

(6) The impact of the violation on the community; and

(7) Such other factors as justice may require.

(c) Administrative penalties imposed by the hearing officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the enforcement officer or the hearing officer.

(d) Administrative penalties assessed by the hearing officer shall be due by the date specified in the administrative order.

(e) If the violation is not corrected as specified in the hearing officer’s order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in subsection (a) above.

(f) If the violator gives written notice to the enforcement officer that the violation has been corrected and if the enforcement officer finds that compliance has been achieved, the enforcement officer shall deem the date the written notice was postmarked or personally delivered to the enforcement officer or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the enforcement officer, the violation will be deemed corrected on the date of the final inspection. (Ord. No. 2004-09, § III, 6-21-04)

6A.33 Administrative costs.

(a) The hearing officer shall assess administrative costs against the violator when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

(b) The administrative costs may include any and all costs incurred by the city in connection with the matter before the hearing officer including, but not limited to, costs of investigation of the violation, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for all subsequent inspections necessary to enforce the compliance order. (Ord. No. 2004-09, § III, 6-21-04)

6A.34 Interest.

The hearing officer may also assess interest on the amount of administrative penalties, abatement costs and administrative costs imposed at the legal rate from the date of the administrative order. (Ord. No. 2004-09, § III, 6-21-04)

6A.35 Force and effect.

(a) The administrative order of the hearing officer is final at the time it is made; however, the hearing officer shall maintain continuing jurisdiction and shall have the power to modify the administrative order, after providing the person subject to the administrative order with notice and an opportunity to be heard, until full compliance is achieved.

(b) The administrative order of the hearing officer, once recorded, shall have the same force and effect and priority as a judgment lien governed by the provisions of section 697.340 of the California Code of Civil Procedure and may be extended as provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

(c) The administrative order shall have the same force and effect as a resolution of the city council for the purpose of filing a lien, special assessment, or special collection with the County of Santa Clara or tax collector’s office pursuant to this code and for the purpose of pursuing any other collection or enforcement action to obtain payment of the amounts owed to the city. (Ord. No. 2004-09, § III, 6-21-04)

6A.36 Failure to comply with administrative order.

(a) If unpaid as of the date specified in the administrative order, the administrative penalties, administrative costs and interest assessed by the hearing officer shall be collected by the city by use of all available legal means, and may be enforced as:

(1) A personal obligation of the violator; and/or

(2) If the violation is in connection with real property, lien or special assessment upon the real property. The lien or special assessment shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.

(b) In addition to any other remedies provided by law, failure to pay administrative penalties, administrative costs and interest in the amounts specified in the hearing officer’s decision on or before the date specified in that decision shall constitute a violation of this Code punishable as an infraction or misdemeanor. (Ord. No. 2004-09, § III, 6-21-04)

6A.37 Right of judicial review.

The decision of the hearing officer shall be final. Any person aggrieved by an administrative order of the hearing officer may obtain review of the administrative order in the Superior Court of Santa Clara County by filing with the court a notice of appeal pursuant to Government Code Section 53069.4. (Ord. No. 2004-09, § III, 6-21-04)

6A.38 Report of compliance after administrative order.

If the enforcement officer determines that compliance has been achieved after a compliance order has been sustained by the hearing officer, the enforcement officer shall prepare a report indicating that compliance has been achieved. A copy of the compliance report shall be served on the violator. (Ord. No. 2004-09, § III, 6-21-04)

6A.39 Lien/special assessment.

Whenever the amount of any administrative penalty and/or administrative cost imposed by the hearing officer pursuant to this chapter in connection with real property has not been satisfied in full within ninety (90) days and/or has not been successfully challenged by a timely appeal pursuant to government code section 53069.4, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred. (Ord. No. 2004-09, § III, 6-21-04)

6A.40 Lien procedure.

(a) There is hereby established the following procedure for collection of administrative penalties and costs imposed by the hearing officer pursuant to this chapter or other abatement and related administrative costs by recordation of a lien.

(b) Upon determination by the enforcement officer that the administrative penalty, administrative costs and interest imposed by the hearing officer has not been satisfied in full within ninety (90) days and/or not been successfully challenged by a timely appeal, the enforcement officer shall prepare and file with the city council a report stating the amounts due and owing, the date of the administrative order, the street address, legal description and assessor’s parcel number of the subject property, and the name and address of the recorded owner of the property.

(c) Prior to recordation of the lien, the enforcement officer shall serve a copy of the report provided under subsection (b) above on the property owner, along with notice to the property owner that a lien in the amounts stated in the report will be filed against the subject property in the county recorder’s office.

(d) The notice set forth in subsection (c) above shall be served in the same manner as summons in a civil action in accordance with Code of Civil Procedure section 415.10 et seq. 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 ten (10) days and publication thereof in a newspaper of general circulation published in Santa Clara County.

(e) Following proper notice to the owner of record as provided in subsection (d) above, the enforcement officer’s report and a copy of the administrative or abatement order shall be recorded as a lien with the county recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provision of section 697.340 of the Code of Civil Procedure and may be extended as provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

(f) Interest at the legal rate per year shall accrue on the principal amount of the lien until satisfied pursuant to law.

(g) A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment. (Ord. No. 2004-09, § III, 6-21-04)

6A.41 Special assessment procedure.

(a) As an alternative to the procedure authorized by Section 6A.40, there is hereby established a procedure for making the administrative penalties and costs imposed by the hearing officer pursuant to this chapter or abatement and related administrative costs a special assessment against the subject real property.

(b) Upon determination by the enforcement officer or the hearing officer that the administrative penalty, administrative cost and/or interest imposed by the hearing officer has not been satisfied in full within ninety (90) days and/or not been successfully challenged by a timely appeal, the enforcement officer shall prepare and file with the city council a report stating the amounts due and owing, the date of the administrative order or abatement order, the street address, legal description and assessor’s parcel number of the subject property, and the name and address of the recorded owner of the property.

(c) Prior to the imposing of the special assessment, the enforcement officer serve a copy of the report provided under subsection (b) above on the property owner, along with notice that the property may be sold after three (3) years by the County of Santa Clara tax collector for unpaid delinquent assessments. Such notice shall be served by certified mail to the property owner. 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 ten (10) days and publication thereof in a newspaper of general circulation published in Santa Clara County. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice.

(d) The assessment may 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 the special assessment. However, if any real property to which the assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(e) Interest shall accrue on the principal amount of the assessment until satisfied pursuant to law.

(f) The city may, subject to the requirements applicable to the sale of property pursuant to section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.

(g) Notices or instruments relating to the administrative order, abatement order or special assessment shall be entitled to recordation. (Ord. No. 2004-09, § III, 6-21-04)

6A.42 Satisfaction of lien/special assessment.

(a) Once payment in full is received by the city for outstanding penalties and costs, the director of finance shall:

(b) With respect to a lien, either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the city’s lien; or

(c) With respect to a special assessment, provide written notice to the County of Santa Clara tax collector that the special assessment amount has been paid in full and should no longer be imposed against the subject property. Such written notice shall cancel the city’s special assessment. (Ord. No. 2004-09, § III, 6-21-04)

State law references—Citations for violations of city ordinances, Pen. C., §§ 853.1 to 853.4.

Chapter 6ACITATION PROCEDURE FOR VIOLATIONS1

6A.1 Short title.

6A.2 Definitions.