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After considering city abatement costs at a public hearing in the manner hereinbefore provided by this chapter, the administrative hearing officer shall, by administrative declaration, confirm such costs or any part thereof found by the administrative hearing officer to be reasonable, and shall levy an assessment against the owner of the property on which the abatement work was performed in the amount of such costs. In addition to levying an assessment against the owner of the property upon which city abatement work was performed in an amount of the city's abatement costs, the administrative declaration shall set forth the date of the nuisance abatement order and a brief description of the abatement work performed by or on behalf of the city, shall describe the property upon which such work was performed by legal description, assessor's parcel number, and where possible by a street address, shall contain the name and current address of the owner of such property, shall state that payment of the assessment shall be due immediately upon service of the administrative declaration on the owner of the property in the manner hereinafter provided by this chapter, and shall state the assessment is being imposed by the city as a nuisance abatement lien against the property. Moreover, in its administrative declaration by the administrative hearing officer shall provide for collection of the assessment in the event of nonpayment either by recordation of the administrative declaration in the manner provided for by Section 38773.1 of the California Government Code, or by including the assessment on the county tax rolls in the manner provided for by Section 38773.5 of the Government Code. Following adoption of the administrative declaration, the city clerk shall immediately transmit two certified copies of the administrative declaration to the director.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord 2364 §12, Ord. 2592 §1 (part))
Following receipt of an administrative declaration levying an assessment for city abatement costs, the director shall cause the administrative declaration to be served on the owner of the property upon which city abatement work was performed in the following manner:
A. If the administrative declaration levying the assessment provides for collection of the assessment by recordation of the administrative declaration against the property upon which city abatement work was performed, the director shall cause notice of and a copy of the administrative declaration to be served on the owner of record of the property on which the nuisance was maintained, based on the last equalized assessment roll or the supplemental assessment roll, whichever is more current, and in the same manner as required by law for the service of a summons in a civil action, as set forth in Article 3, Chapter 4, Title 5 of Part 2 of the Code of Civil Procedure (commencing with Section 415.10); provided, however, that in the event the owner of record of the property upon which the city abatement work was performed cannot be found after a diligent search for same, the director shall serve the notice of and copy of administrative declaration by posting a copy thereof in a conspicuous place upon such property for a period of 10 days, and by publishing a copy of the notice of and a copy of administrative declaration in a newspaper of general circulation in the county of Butte in the manner provided for by Section 6062 of the Government Code.
B. If the administrative declaration levying the assessment provides for collection of a special assessment by inclusion of the assessment on the county tax rolls, the director shall cause notice of and a certified copy of the administrative declaration to be served on the owner of the property upon which the city abatement work was performed by certified mail, to the property owner, if the property owner’s identity can be determined from the records of the Butte County Clerk-Recorder. Such notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the Butte County Treasurer-Tax Collector for unpaid delinquent assessments.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord, 2364 §13, Ord. 2592 §1 (part))
Where the administrative hearing officer has adopted an administrative declaration levying an assessment for city abatement costs and has provided in such administrative declaration for the collection of such abatement costs by recording the administrative declaration against the property on which the city abatement work was performed, the director, promptly after completing service of the administrative declaration in the manner hereinbefore required by this chapter, shall attach an affidavit or declaration attesting to such service to a certified copy of the administrative declaration, and shall cause such certified copy of the resolution, with the declaration or affidavit attached, to be recorded with the Butte County Clerk-Recorder in the official records of the county of Butte. After the date of such recordation, the assessment provided for by such administrative declaration shall constitute a lien against the property upon which city abatement work was performed and shall have the same force, effect and priority as a judgment lien.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §14, Ord. 2592 §1 (part))
When directed to do so by the city council, the city attorney shall commence an action in a court of appropriate jurisdiction to foreclose the assessment lien for city abatement work which was established by recordation of the administrative declaration levying the assessment for such abatement work in the manner hereinbefore provided by this chapter. In such action the city shall be entitled to recover any costs incurred for the purpose of processing, serving or recording such administrative declaration.
(Ord. 1891 (part), Ord. 2592 §1 (part))
At such time as the lien created by recordation of the administrative declaration levying an assessment for city abatement costs is discharged or satisfied, either through payment of the lien, or by sale of the property encumbered by the lien at the conclusion of a foreclosure action, the director shall promptly cause a release of the lien, in a notice of discharge form approved by the city attorney that shall include a copy of the administrative declaration, to be recorded with the Butte County Clerk-Recorder in the official records of the county of Butte.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §15, Ord. 2592 §1 (part))
Where the administrative hearing officer has adopted an administrative declaration levying a special assessment for city abatement costs and has provided in such administrative declaration for the collection of such assessment on the county tax rolls, the director, after serving the administrative declaration in the manner hereinbefore required by this chapter, shall promptly transmit a certified copy of the administrative declaration to the finance director who shall immediately forward same to the Butte County Auditor-Controller with a request that the assessment levied by such administrative declaration be added to the county tax rolls in the manner provided for by Section 38773.5 of the Government Code. Thereafter all laws applicable to the levy, collection and enforcement of property tax shall be applicable to such special assessment.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2113 §1, Ord. 2364 §16, Ord. 2592 §1 (part))
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