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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)
In the event the town decides to collect abatement costs as a special assessment, it shall impose such special assessment pursuant to this section:
(A) Upon receipt of the itemized report, the Town Clerk shall provide written notice of the special assessment to all owners by certified mail if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records, or as otherwise provided by Cal. Government Code § 38773.5, as may be amended from time to time. The notice shall inform the owner of the pending special assessment, and the date, time and location of the public hearing where the Town Council will consider imposing the itemized report as a special assessment against the property, and that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The hearing shall be conducted no less than ten days from service of the notice.
(B) 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 assessing the report as a special assessment against the property. The Town Clerk shall then provide all documentation necessary to the county to enter such assessment. After entry, the assessment may be collected at the same time and in the same manner as ordinary municipal 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 municipal taxes. The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead transferred to the unsecured roll for collection.
(C) Subject to the requirements applicable to the sale of property pursuant to Cal. Revenue and Taxation Code § 3691, the town may conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.
(D) Notices or instruments relating to the special assessment shall be entitled to recordation with the Marin County Recorder’s Office. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.
(Ord. 831, passed 5-1-2019)
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with the provisions of this chapter, except for conditions abated pursuant to Cal. Health and Safety Code § 17980, relating to abandoned buildings, the court may order the owner to pay treble the costs of the abatement, as authorized by Cal. Government Code § 38773.7. Costs of abatement shall include, without limitation by reason of enumeration, all administrative costs of the town.
(Ord. 831, passed 5-1-2019)
(A) Notwithstanding any provision of the code to the contrary, the Town Manager, or his or her designee, may cause a public nuisance to be summarily abated in accordance with the procedures set forth in this section if it is determined that the nuisance is immediately or potentially dangerous to the life, health or safety of the occupants of the property or to the public.
(B) Actions taken to abate immediately or potentially dangerous nuisances may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the condition exists or any other abatement action determined by the enforcement officer to be necessary. Where a residential rental property is involved, this may require the moving and relocation of the occupants by the owner and/or responsible party to other habitable temporary or permanent accommodations. Any temporary accommodations will be maintained by the owner and/or responsible party, at his, her or its expense, until the corrections are done to the vacated residential property so that it is habitable and the occupants are returned.
(C) Within ten days following summary abatement, or as soon thereafter as reasonable possible under the circumstances, notice of the summary abatement must be provided to all owners and responsible parties in the manner required by § 1.12.070. The notice shall describe the condition and the reason it was immediately or potentially dangerous, and a brief description of the actions town personnel took to abate the dangerous condition. Such notice shall include a provision authorizing the owner or responsible party to dispute the existence of the nuisance conditions or the town’s determination that the condition was immediately or potentially dangerous before the hearing officer. Any request for an appeal shall be filed in writing with the Town Clerk within ten days of the notice and shall be conducted in the same manner as all applicable procedures under §§ 1.12.075 through 1.12.080.
(D) Omission of any of the foregoing provisions in a notice of summary abatement, whether in whole or in part, or the failure of an owner or responsible party to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid.
(E) The enforcement officer shall keep an itemized report of the costs incurred by the town in the summary abatement. The costs and expenses for summary abatement, if not paid by the property owner within 30 days of the date of the invoice, shall be collected pursuant to the procedures set forth in §§ 1.12.100 through 1.12.105 of this chapter.
(Ord. 831, passed 5-1-2019)
Except as otherwise provided by law, any person aggrieved by any administrative decision of a hearing officer pursuant to this chapter, may obtain judicial review of the administrative decision in the superior court by filing with the court a petition for writ of mandate pursuant to Cal. Code of Civil Procedure § 1094.6.
(Ord. 831, passed 5-1-2019)
(A) It is a public nuisance and unlawful for any person to allow, cause, create, maintain, suffer, or permit others to maintain, any real property in the town in such a manner that violates this chapter.
(B) Any person violates this chapter is guilty of a misdemeanor offense punishable in accordance with § 1.08.010 of this code, unless it is charged as an infraction in the discretion of the Town Attorney or designated prosecuting attorney.
(C) Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter is allowed, caused, committed, continued, maintained, suffered, or permitted by such person.
(Ord. 831, passed 5-1-2019)
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