In the event the town decides to collect abatement costs as a lien, it shall impose such lien pursuant to this section:
(A) Upon receipt of the itemized report, the Town Clerk, or his or her designee, shall serve notice of the lien upon all owners in the same manner as summons in a civil action in accordance with Cal. Code of Civil Procedure § 415.10 et seq. or otherwise as provided by Cal. Government Code § 38773.1, as may be amended from time to time. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation in Marin County. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day. Publication shall be made on each day on which the newspaper is published during the ten-day period.
(B) The notice shall inform the owner of the pending lien and inform the property owner of the public hearing where the Town Council will consider imposing the itemized report as a lien against the property. The hearing shall be conducted no less than ten days from service of the notice.
(C) At the hearing and after considering the relevant evidence, including any evidence or objections of the owners as to the itemized report, the Town Council may adopt a resolution confirming the itemized report and directing the Town Clerk to record a lien against the property in the Marin County Recorder’s office and, from the date of recording, shall have the force, effect and priority of a judgment lien.
(D) The lien shall identify:
(1) The amount of the lien;
(2) The town as the agency on whose behalf the lien is imposed;
(3) The date of the abatement order or citation;
(4) The street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed; and
(5) The name and address of the recorded owner of the parcel.
(E) In the event that the lien is discharged, released or satisfied, through either payment or foreclosure, notice of the discharge, release, or satisfaction containing the information specified in division (D) shall be recorded by the Town Clerk.
(F) A lien may be foreclosed by an action brought by the town for a money judgment.
(G) The town may recover from the property owner any costs incurred in the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
(Ord. 831, passed 5-1-2019)