The city may collect any past due administrative citation fines or late payment charges by use of all available legal means, including, but not limited to, those means available for the collection of judgments, special assessment liens and all actions for recovery of money. The city may also recover its collection costs, including, but not limited to, reasonable attorneys' fees and court costs. Special assessment liens against property shall be applied when the administrative citation fine was issued for a violation directly connected to conditions or activities on the subject real property.
(A) On a periodic basis as determined by City Manager or his or her designee, the City Manager or his or her designee shall prepare and file with the City Clerk a report and assessment list which identifies all real property to which administrative citation fines have been imposed by the city pursuant to this code and for which the owner has not fully reimbursed the city within 30 days of the date of billing. The report and assessment list shall provide a description of the real property, the description of the code violation for which the administrative citation fines were imposed, including any exhibits evidencing the violation, the amount of administrative citation fines and late penalties, and the name and address of the property owner who is entitled to notice.
(B) Upon receipt of the report, the City Clerk shall post a notice of filing of the report in a conspicuous place in the City Hall, with said notice specifying the filing date of the report and assessment list and the time and place when and where the report and assessment list will be submitted to the Board of Administrative Appeals for hearing and confirmation. The City Clerk shall also mail by regular first class mail, postage fully prepaid, a notice to each property owner identified in the report and assessment, at the last known address of the property owner as listed in the county tax assessors or county property records. If, after diligent search, the owner of the property cannot be found, the notice shall be served by posting a copy thereof in a conspicuous location upon the property for a period of ten days. Said notice shall provide a description of the real property on which the violation existed, the nature of the violation, and the amount of the fines and late penalties and shall notify the owner that said fines and late penalties shall be assessed against the property unless objection is made by the owner in writing and submitted to the City Clerk at least two days before the hearing. The failure of any person to receive notice shall not affect the validity of any proceedings under this code.
(C) The notice shall also specify the time and place when and where the proposed assessment will be presented to the Board of Administrative Appeals for hearing and confirmation.
(D) Any owner who objects to the proposed assessment and who desires to challenge the proposed assessment at the hearing must submit any and all objections in writing to the City Clerk at least three days prior to the date of hearing. The failure of any owner to submit written objections to the City Clerk at least three days prior to the hearing shall constitute a waiver of any such objections and the matter may be placed on the consent calendar of the agenda for the Board of Administrative Appeals.
(E) At the time and place fixed for hearing and confirming the proposed assessments, the Board of Administrative Appeals shall consider the same. If no objection has been submitted and the matter placed on the consent calendar, then the Board of Administrative Appeals may make its decision on the documentation presented. If a hearing is conducted, only those persons who have submitted written objections to the City Clerk will be heard by the Board of Administrative Appeals. At the hearing, the Board of Administrative Appeals may correct, modify or eliminate any proposed assessment that the Board may deem factually incorrect. Thereafter, the Board of Administrative Appeals shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. If the Board of Administrative Appeals orders that an assessment be assessed against the property, they shall also direct that the same be recorded on the tax assessment roll and thereafter the assessment shall constitute a special assessment and lien against the property. Judicial review of the order of the Board of Administrative Appeals may be made pursuant to Cal. Gov’t Code § 53069.4.
(F) The special assessment lien shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the city.
(Ord. 999-C-S, passed 9-10-02; Am. Ord. 1082-C-S, passed 11-28-06)