(A) Whenever an administrative fine has been imposed pursuant to this subchapter on an owner of property for a violation occurring or existing on that property and the fine has not been fully paid within 60 calendar days of the date upon which such fine became due and payable, and is not the subject of a pending appeal filed under Cal. Gov't Code § 53069.4, the finance officer may initiate proceedings to establish and record a lien against the property.
(B) Prior to the recording of the lien, the finance officer shall prepare and file with the City Clerk a report stating, for each property for which a lien is proposed, the amount of the delinquent administrative fine, any applicable penalties and interest, and an administrative fee established by resolution of the City Council to recover the administrative costs incurred in recording the lien and carrying out the lien procedures of this subchapter.
(C) The City Clerk shall fix a time, date, and place for hearing by the City Council of the report and any protests or objections thereto.
(D) The finance officer shall cause written notice to be served on the owner of each affected property not less than ten days prior to the time set for the hearing. Such notice shall set forth the amount of the delinquent administrative fine and any penalties and interest which are due. Such notice shall be delivered by first class mail, postage prepaid, addressed to each owner of such property to be assessed as that owner's address appears on the last equalized assessment roll or supplemental roll of the County of Humboldt, whichever is more current. Service by mail as provided for herein shall be effective on the date of mailing, and the failure of any person to actually receive such notice shall not affect the validity of the notice.
(E) At the conclusion of the hearing, the City Council may adopt a resolution confirming, discharging, or modifying the amount of the lien proposed for each affected property and order that the amount not discharged as to any property be reduced to a lien against that property. The City Council may thereupon order that the fee be specifically assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment; and
(F) Thereafter said assessment may be collected at the same time and in the same manner as ordinary real property 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 real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.
(G) A lien may be foreclosed by an action brought by the city for a money judgment.
(H) The city may recover from the property owner any costs incurred regarding the process and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
(Ord. 638-C.S., passed 2-6-01; Am. Ord. 746-C.S., passed 11-17-09; Am. Ord. 850-C.S., passed 11-1-16)