Loading...
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))
If the assessee should pay to the city the full amount of an assessment levied for city abatement costs, together with any interest or penalties thereon, after the date the assessment is added to the county tax rolls, the city finance director shall promptly cause such assessment to be removed from the tax rolls.
(Ord. 1891 (part), Ord. 2113 §1)
Where the director determines that the nuisance conditions exist on real property located in the city, that the owner of such property is unavailable or has failed or refused to abate such nuisance after having been personally served with a request to abate same, that the nuisance constitutes a substantial and immediate threat to the public health or safety, and that any further delay in abating the nuisance would pose an unreasonable risk of harm to persons or property, the director may cause the nuisance to be summarily abated in the manner hereinbefore provided by this chapter without a nuisance abatement order issued by an administrative hearing officer in the manner hereinbefore required by this chapter. In the event the director causes a nuisance to be summarily abated in the manner authorized by this section, the director shall prepare a written report setting forth the costs of abatement and justification for such summary abatement procedures. The director shall forward such report to the city manager no later than ten days after completion of all nuisance abatement work. To recover abatement costs incurred pursuant to a summary nuisance abatement, the director shall follow the relevant procedures contained in Sections 1.14.110 through 1.14.200, and the absence of a nuisance abatement order shall not preclude the director from commencing assessment proceedings pursuant to Section 1.14.110.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §17, Ord. 2592 §1 (part))
Loading...