(A) If the Abatement Hearing Officer orders that the charge shall be charged against the property as a lien, then in the event the charge confirmed by the Abatement Hearing Officer is not paid within five days after service of the decision of the Abatement Hearing Officer, the charge shall constitute a lien on the property. The lien shall continue until the amount of the charge and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid or until it is discharged of record.
(B) The lien shall have the priority of a judgment lien.
(C) An abatement lien may be foreclosed by an action brought by the City for a money judgment.
(D) 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.
(E) After notice to the property owner(s) as provided in division (G), the City Clerk shall record a notice of lien with the County Recorder within 60 days after the confirmation of the charge by the Abatement Hearing Officer.
(F) The notice of lien shall be in substantially the following form:
NOTICE OF LIEN
NOTICE IS HEREBY GIVEN THAT pursuant to Eureka Municipal Code Chapter 150, Sections 150.140 through 150.190, the City of Eureka undertook the following actions:
1. On , the Abatement Hearing Officer of the City of Eureka ordered the abatement of a substandard building and/or public nuisance on the real property described herein.
2. On , the City of Eureka abated the substandard building and/or public nuisance.
3. On , the City of Eureka confirmed the cost of the abatement of the substandard building and/or public nuisance and charged such cost as a lien against the real property described herein.
4. As of the date of recordation of this Notice of Lien, the cost of the abatement has not yet been paid, and the City of Eureka does hereby claim a lien on the real property described herein for the net expense of abating the substandard building and/or public nuisance on the property in the amount of $ , and this amount shall be a lien against the real property described herein until the full amount, with interest at the legal rate, has been paid in full and discharged of record.
5. As of the date of recordation of this Notice of Lien, the name and address of the record owner of the property described below is: .
6. The real property upon which the lien is claimed is that certain real property commonly known as (Assessor Parcel Number), and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.
CITY OF EUREKA
Dated:
(G) The City Clerk shall serve the notice of lien on the owner of record of the property on which the substandard building and/or public nuisance was located based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of lien shall be served in the same manner as a summons in a civil action in accordance with Cal. Civ. Proc. Article 3 (§ 415.10 et seq.) of Chapter 4 of Title 5 of Part 2. If the owner of record cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period of ten days and by publication in a Eureka newspaper of general circulation pursuant to Cal. Gov’t Code § 6062.
(H) In the event the lien is discharged, released or satisfied, either through payment or foreclosure, the City Clerk shall record a notice of discharge in substantially the following form:
DISCHARGE OF LIEN
NOTICE IS HEREBY GIVEN THAT pursuant to Eureka Municipal Code Chapter 150, Sections 150.140 through 150.190, the City of Eureka undertook the following actions:
1. On , the Abatement Hearing Officer of the City of Eureka ordered the abatement of a substandard building and/or public nuisance on the real property described herein.
2. On , the City of Eureka abated the substandard building and/or public nuisance.
3. On , the City of Eureka confirmed the cost of the abatement of the substandard building and/or public nuisance and charged such cost as a lien against the real property described herein.
4. The amount of the lien claimed by the City of Eureka was $ , with interest at the legal rate.
5. As of the date of recordation of this Discharge of Lien, the name and address of the record owner of the property described below is:
6. The lien claimed by the City of Eureka has been discharged, released or satisfied and the City of Eureka no longer claims a lien on the real property described herein.
7. The real property upon which the lien was claimed is that certain real property commonly known as (Assessor Parcel Number), and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.
CITY OF EUREKA
Dated:
Name of Officer
(Ord. 680-C.S., passed 6-17-04; Am. Ord. 850-C.S., passed 11-1-16; Am. Ord. 904-C.S., passed 10-6-20)