(A) As an alternative to the procedure above in this division, there is hereby established a procedure for making any nuisance abatement charge, administrative penalty, administrative cost or other debt imposed by the city in connection with real property a special assessment 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 incurred by the city has not been satisfied in full within 90 days of the date it was imposed and/or has not been successfully challenged by a timely writ of mandate, 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 special assessment 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 special assessment 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 that the property may be sold after five years by the tax collector for unpaid delinquent assessments. 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. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.
(E) The assessment may be collected at the same time and1in 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. 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 assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance 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 assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
(F) 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.
(G) The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code § 3691, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.
(H) The resolution adopted by the City Council under this section shall be entitled to recordation.
(Ord. 1809, passed 2-21-24)