Chapter 18.97
RECOVERY OF CIVIL PENALTY AND COST OF ABATEMENT
Sections:
18.97.020 Personal obligation authorized.
18.97.030 Notice lien may be claimed.
18.97.050 Claim of lien – General.
18.97.070 Duration of lien – Limitation of action.
18.97.080 Foreclosure parties.
18.97.010 Lien authorized.
The city of Washougal shall have a lien for any civil penalty imposed or for the cost of any work of abatement done pursuant to this title, or both, against the real property on which the civil penalty was imposed or any of the above work was performed. (Ord. 1421 § 1, 2001)
18.97.020 Personal obligation authorized.
The civil penalty and the cost of abatement are also joint and separate personal obligations of any person in violation. The city attorney on behalf of the city of Washougal may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. (Ord. 1421 § 1, 2001)
18.97.030 Notice lien may be claimed.
The notice and order of a director pursuant to this title shall give notice to the owner that the city of Washougal may claim a lien for the civil penalty or the cost of abatement, or both. (Ord. 1421 § 1, 2001)
18.97.040 Priority.
The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state and county taxes with which it shall be on a parity. (Ord. 1421 § 1, 2001)
18.97.050 Claim of lien – General.
(1) The finance director shall cause a claim for lien to be filed for record in the auditor’s recording department within 30 calendar days from the date the civil penalty is due or within 30 calendar days from the date the civil penalty is due or within 30 calendar days from the date of completion of the work or abatement performed pursuant to this title.
(2) Contents. The claim of lien shall contain the following:
(a) The authority for imposing a civil penalty or proceeding to abate the violation, or both;
(b) A brief description of the civil penalty imposed or the abatement work done, or both, including the violations charged and the duration thereof, including the time the work is commenced and completed and the name of the persons or organizations performing the work;
(c) A description of the property to be charged with the lien:
(d) The name of the known owner or reputed owner, and if not known the fact shall be alleged; and
(e) The amount, including lawful and reasonable costs, for which the lien is claimed.
(3) Verification. The finance director or authorized representative shall sign and verify the claim by oath to the effect that the affiant believes the claim is just.
(4) The claim of lien may be amended in case of action brought to foreclose same, by order of the court, insofar as the interests of third parties shall not be detrimentally affected by amendment. (Ord. 1421 § 1, 2001)
18.97.060 Recording.
The finance director shall record and index the claims and notices described in this chapter. (Ord. 1421 § 1, 2001)
18.97.070 Duration of lien – Limitation of action.
No lien created by this title binds the property subject to the lien for a period longer than three years after the claim has been filed unless an action is commenced in the proper court within that time to enforce the lien. (Ord. 1421 § 1, 2001)
18.97.080 Foreclosure parties.
(1) Foreclosure. The lien provided by this title may be foreclosed and enforced by a civil action in a court having jurisdiction.
(2) Joiner. All persons who have legally filed claims of liens against the same property prior to commencement of the action shall be joined as parties, either plaintiff or defendant.
(3) Actions Saved. Dismissal of an action to foreclose a lien at the instance of a plaintiff shall not prejudice another party to the suite who claims a lien. (Ord. 1421 § 1, 2001)