Chapter 1.56
RECOVERY OF ABATEMENT COSTS
Sections:
1.56.017 City’s right to recover.
1.56.020 Confirmation of costs hearing.
1.56.030 Recovery of abatement costs as a personal obligation.
1.56.040 Recovery of abatement costs by special assessment.
1.56.050 Alternative—Nuisance abatement lien.
1.56.060 Payment of administrative and summary abatement costs.
1.56.010 Purpose.
This chapter governs the procedures for the recovery of all administrative and actual costs incurred by the city in the administrative or summary abatement of a public nuisance pursuant to the procedures and authority found in Chapter 1.52 of this title. (Ord. 586 § 7 (part), 1998).
1.56.015 Definitions.
“Expenses of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs to demolish, construct, repair and replace, incidental expenses, as defined in Section 6.16.120, and the law enforcement costs incurred by the city in identifying and apprehending a minor or other person responsible for defacement or graffiti.
“Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties. This definition includes minors or persons under the age of eighteen years of age. (Ord. 751 (part), 2014).
1.56.017 City’s right to recover.
Pursuant to California Government Code Section 38772, the city may charge a person who creates, causes or commits a nuisance with the expenses of abatement for that nuisance. Further, the city may collect expenses of abatement by placing a nuisance abatement lien or special assessment against the abated property and placing a personal obligation against the person responsible for creating, causing or committing the nuisance. (Ord. 751 (part), 2014).
1.56.019 Abatement costs.
A. Abatement costs may include inspection costs, investigative costs, actual costs of physical abatement through demolition, repair or replacement of buildings or removal of graffiti or other inscribed material, incidental expenses as defined in Section 6.16.120, law enforcement costs directly related to nuisance abatement, and all other costs incurred by the city in initiating proceedings and actions to enforce abatement activities, including reasonable attorney’s fees.
B. In any administrative action or legal proceeding initiated by the city to abate a public nuisance, the prevailing party shall be entitled to recover attorney’s fees, provided that attorney’s fees shall only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that the city intends to seek and recover attorney’s fees. (Ord. 751 (part), 2014).
1.56.020 Confirmation of costs hearing.
A. After the city has abated a public nuisance, the enforcement official shall request the city manager to schedule a confirmation of costs hearing in accordance with the administrative enforcement hearing procedures set forth in Chapter 1.36 of this title. A confirmation of costs hearing is also appropriate if the city incurred abatement preparation costs before a responsible person voluntarily abated the public nuisance.
B. A notice of the date, time and place of the confirmation of costs hearing shall be served on the responsible person at least ten calendar days prior to the scheduled hearing by any one of the methods set forth in Section 1.32.090 of this title.
C. A copy of the expense statement describing the work performed and an itemized account of the total abatement costs shall also be served on the responsible party at least ten calendar days prior to the scheduled confirmation of costs hearing by any one of the methods set forth in Section 1.32.090.
D. The enforcement hearing officer at the confirmation of costs hearing shall limit the scope of review to the enforcement official’s report describing the work performed and the itemized account of costs together with any objections to its accuracy. The enforcement hearing officer may make such revisions, corrections or modifications in the report or the account as may be just and reasonable.
E. The enforcement hearing officer may issue an order which assesses the costs as either a personal obligation against the responsible person or a special assessment against the real property abated by the city.
F. At the confirmation of costs hearing, the enforcement hearing officer shall not consider evidence regarding the merits of the previous abatement hearing or review the decision ordering the administrative or summary abatement.
G. The enforcement hearing officer’s order confirming or modifying the amount of costs incurred by the city in performing the abatement shall be final. (Ord. 750 (part), 2014; Ord. 586 § 7 (part), 1998).
1.56.030 Recovery of abatement costs as a personal obligation.
If the enforcement hearing officer orders that the abatement costs be charged as a personal obligation of the responsible person, the enforcement official shall collect the obligation by use of all appropriate legal means. This may include the recordation of a code enforcement lien against any real property owned by the responsible person pursuant to the provisions set forth in Chapter 1.60 of this title. If unable to collect this obligation, the enforcement official may refer the case to the city attorney to file a court action to recover the costs. (Ord. 586 § 7 (part), 1998).
1.56.040 Recovery of abatement costs by special assessment.
A. If the enforcement hearing officer orders that abatement costs shall be charged against the property abated by the city, the enforcement official shall prepare a notice of special assessment. The enforcement official shall deliver the notice of special assessment to the county auditor who shall place it on the county assessment roll pursuant to Government Code Section 38773.5.
B. The notice of special assessment shall include a copy of the enforcement hearing officer’s confirmation of costs order and shall summarize the abatement action. The enforcement official may record a copy of this special assessment notice to inform any subsequent purchasers or owners about this abatement action and its costs. The enforcement official shall file a withdrawal of this notice with the county recorder when either:
1. The responsible person pays in full the abatement costs; or
2. The county auditor or tax collector posts a lien on the property pursuant to Government Code Section 38773.5.
C. Pursuant to the provisions of Government Code Section 38773.5 the county tax collector may collect the amount of the assessment at the same time and in the same manner as ordinary municipal taxes, and impose the same penalties and procedures, including the sale of property, in case of delinquency, as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessment. The provisions of Government Code Sections 38772 through 38773.5, and any amendments to those sections, are incorporated by reference and made part of this chapter. (Ord. 586 § 7 (part), 1998).
1.56.050 Alternative—Nuisance abatement lien.
As an alternative to the recovery of abatement costs by special assessment as set forth in Section 1.56.040 of this chapter, the enforcement official can record a nuisance abatement lien pursuant to the provisions set forth in Chapter 1.60 of this title. (Ord. 586 § 7 (part), 1998).
1.56.060 Payment of administrative and summary abatement costs.
All moneys received by payment under the provisions of this chapter shall be deposited to the code enforcement fund as established by Section 1.32.110 of this title. (Ord. 586 § 7 (part), 1998).