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(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)
Once payment in full is received by the city for outstanding administrative fines, penalties, interest, and administrative fees, the finance officer shall provide the property owner or concerned escrow company or financial institution with a notice of satisfaction of lien for recordation with the office of the county recorder. Recordation of the notice of satisfaction shall cancel the city's lien.
(Ord. 638-C.S., passed 2-6-01)
(A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code, or the provisions of any code adopted by reference by this code, is committed, continued, or permitted by such person and shall be punishable accordingly. Any violation of this code which is declared to be a misdemeanor shall be considered and treated as an infraction subject to the procedures described in Cal. Penal Code §§ 19.6 and 19.7, when:
(1) The City Attorney files a complaint charging the offense as an infraction unless the defendant, at the time he is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor; or
(2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.
(B) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this code, or the provisions of any code adopted by reference by this code, shall be deemed a public nuisance and may be summarily abated by this city, and each day such condition continues shall be regarded as a new and separate offense.
('63 Code, § 1-2.01)
(C) Each violation of this code expressly declared to be an infraction is punishable by:
(1) A fine not exceeding $100 for the first violation;
(2) A fine not exceeding $200 for the second violation of the same ordinance within one year;
(3) A fine not exceeding $500 for each additional violation of the same ordinance within one year.
('63 Code, § 1-2.07)
(Ord. 362-C.S., passed 5-18-82)