(A) In addition to constituting a personal financial obligation of the person or persons responsible therefor, any nuisance abatement charge, administrative penalty, administrative cost, administrative citation or other debt imposed by the city in connection with real property may be recovered by recordation of a lien against the subject real property.
(B) Upon determination by the City Manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city has not been satisfied in full within 90 days of the date it was imposed, the City Manager or his designee shall recommend that the City Council adopt a resolution confirming imposition of the debt and approving the filing of a lien against the subject real property. Before taking these actions, however, the City Manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law.
(C) The resolution shall state the amounts due and owing, the name of the agency imposing the lien City of Indio, the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property.
(D) A copy of the resolution shall be served on the property owner, along with notice to the property owner that a lien in the amounts stated in the resolution will be filed against the subject property in the Riverside County Recorder's Office.
(E) The notice set forth in subsection (D) shall be served in the same manner as a summons in a civil action in accordance with the Code of Civil Procedure § 415.10 et seq. If the owner of record cannot be found after diligent search, then the notice shall 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 published in Riverside County.
(F) Following proper notice to the owner of record as provided in subsection (E), the resolution and notice shall be recorded as a lien with the county recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure § 697.340 and may be extended as provided in Code of Civil Procedure §§ 683.110-683.220, inclusive.
(G) The interest rate set for money judgments in Code of Civil Procedure § 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law.
(H) A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment.
(Ord. 1809, passed 2-21-24)