Chapter 4.24
RECOVERY OF CIVIL PENALTIES, ADMINISTRATIVE COSTS AND ABATEMENT COSTS
Sections:
4.24.010 Declaration of purpose.
4.24.020 Procedures for recovering costs.
4.24.030 Recovery of civil penalties.
4.24.040 Authority to impose lien/special assessment.
4.24.050 Recovery as a lien on property.
4.24.060 Recovery of costs by special assessment.
4.24.070 Repayment to code enforcement civil penalties fund.
4.24.080 Satisfaction of lien/special assessment.
4.24.010 DECLARATION OF PURPOSE.
The city council finds that, in addition to the filing of civil collection actions by the city attorney, the use of nuisance abatement liens collected as personal obligations against property owners and the use of special assessments on real property will assist in the collection of civil penalties, abatement costs, administrative costs, reinspection fees and late fees assessed pursuant to administrative citations, administrative hearings, judicial orders and other appropriate code enforcement actions. The city council further finds that collection of civil penalties, costs and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the city’s code enforcement system. The city has the authority to make the expense of enforcement actions and abatement of any nuisance a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1; or, in the alternative, the city has the authority to make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel, in accordance with California Government Code Section 38773.5. The procedures established in this chapter shall be used to complement existing administrative or judicial remedies which may be pursued to address violations of the Santa Cruz Municipal Code or applicable state codes.
(Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17 § 2 (part), 2000).
4.24.020 PROCEDURES FOR RECOVERING COSTS.
This chapter governs the procedures for recovery of all administrative and actual costs incurred by the city in the recovery of civil penalties, in the abatement of a public nuisance, and for recordation and recovery of costs of enforcing nuisance abatement liens pursuant to the procedures and authority found in the California Government Code. The provisions of Government Code Sections 38771 through 38773.5 and any amendments to those sections are hereby incorporated by reference and made a part of this chapter.
(Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17 § 2 (part), 2000).
4.24.030 RECOVERY OF CIVIL PENALTIES.
The enforcement official may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including referral to the finance director or city attorney.
(Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17 § 2 (part), 2000).
4.24.040 AUTHORITY TO IMPOSE LIEN/SPECIAL ASSESSMENT.
Whenever the amount of any nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.
(Ord. 2018-01 § 2 (part), 2018).
4.24.050 RECOVERY AS A LIEN ON PROPERTY.
(1) In addition to constituting a personal financial obligation of the person or persons responsible therefor, any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city in connection with real property may be recovered by recordation of a lien against the subject real property.
(2) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city has not been satisfied in full within ninety days of the date it was imposed, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a lien against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law.
(3) The resolution shall state the amounts due and owing, the name of the agency imposing the lien (city of Santa Cruz), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor’s parcel number of the subject property, and the name and address of the recorded owner of the property.
(4) A copy of the resolution shall be served on the property owner, along with notice to the property owner that a lien in the amounts stated in the resolution will be filed against the subject property in the Santa Cruz County recorder’s office.
(5) The notice set forth in subsection (4) shall be served in the same manner as a summons in a civil action in accordance with the Code of Civil Procedure Section 415.10 et seq. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Santa Cruz County.
(6) Following proper notice to the owner of record as provided in subsection (5), the resolution and notice shall be recorded as a lien with the county recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure Section 697.340 and may be extended as provided in Code of Civil Procedure Sections 683.110 to 683.220, inclusive.
(7) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law.
(8) A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment.
(Ord. 2018-01 § 2 (part), 2018).
4.24.060 RECOVERY OF COSTS BY SPECIAL ASSESSMENT.
(1) As an alternative to the procedure above in this chapter, there is hereby established a procedure for making any nuisance abatement charge, administrative penalty, administrative cost or other debt imposed by the city in connection with real property a special assessment against the subject real property.
(2) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city has not been satisfied in full within ninety days of the date it was imposed and/or has not been successfully challenged by a timely writ of mandate, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a special assessment against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law.
(3) The resolution shall state the amounts due and owing, the name of the agency imposing the special assessment (city of Santa Cruz), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor’s parcel number of the subject property, and the name and address of the recorded owner of the property.
(4) A copy of the resolution shall be served on the property owner, along with notice that the property may be sold after five years by the tax collector for unpaid delinquent assessments. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Santa Cruz County. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice.
(5) 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.
(6) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law.
(7) The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code Section 3691, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.
(8) The resolution adopted by the city council under this section shall be entitled to recordation.
(Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17 § 2 (part), 2000).
4.24.070 REPAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES FUND.
All monies recovered by payment of the charge or assessment or from the sale or transfer of the property shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in Chapter 4.28, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.
(Ord. 2018-01 § 2 (part), 2018: Ord. 2000-17 § 2 (part), 2000).
4.24.080 SATISFACTION OF LIEN/SPECIAL ASSESSMENT.
Once payment in full is received by the city for the outstanding debt, the finance director or his designee shall:
(1) 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 county recorder. Such notice of satisfaction shall cancel the city’s lien; and
(2) With respect to a special assessment, provide written notice to the 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. 2018-01 § 2 (part), 2018).