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(a) Upon the City Council’s confirmation of a proposed lien for the abatement of a public nuisance against an owner-occupied residential dwelling unit within the meaning of California Government Code Section 54988(a)(3), the responsible City Department may record a nuisance abatement lien against the subject parcel as authorized by California Government Code Section 38773.1.
(b) From the date of recording in the office of the County Recorder for the County of Los Angeles, the lien shall have the same force, effect and priority of a judgment lien.
(c) The nuisance abatement lien recorded shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
(d) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Paragraph (c) above shall be recorded by the responsible City Department. Any nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
(e) A nuisance abatement lien recorded pursuant to this subsection may be foreclosed by an action brought by the City for a money judgment.
(f) Notwithstanding California Government Code Section 6103 or 27383, or any other provision of law, the County Recorder may impose a fee on the City to reimburse the costs of processing and recording the lien and providing notice to the property owner. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
Amended by: Subsec. (a) and (d), Ord. No. 181,559, Eff. 3-22-11.
(a) Upon the City Council’s confirmation of a proposed lien pursuant to this Article against any property other than an owner-occupied residential dwelling unit, the amount of the lien may be collected at the same time and in the same manner as property taxes are collected, as authorized by California Government Code Section 54988(a). All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the lien, except that if any real property to which the lien would attach 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, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.
(b) In addition to placing the costs of enforcement relating to the property on the County tax roll as provided in Paragraph (a) above, the responsible City Department may also record a notice of lien against the subject parcel pursuant to California Government Code Section 54988(c). The lien shall attach upon recordation in the office of the County Recorder for the County of Los Angeles and shall have the same force, priority, and effect as a judgment lien; not a tax lien. The notice of lien shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.
(c) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Paragraph (b) above shall be recorded by the responsible City Department. Any nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
Amended by: Subsec. (b) and (c), Ord. No. 181,559, Eff. 3-22-11.
Nothing in this article shall be construed as an election by the City of any available remedy. The City expressly reserves the right to pursue any and all remedies available in addition to the provision of this article under applicable law for the collection of any costs, fees or charges subject to the provisions of this article.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
The City may, pursuant to California Government Code Section 38773.5(b), recover attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the City elects to seek attorneys’ fees, then attorneys’ fees shall be recovered by the prevailing party, rather than limiting recovery of attorneys’ fees to the City if it prevails. Recovery of attorneys’ fees by the prevailing party is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
Any amounts collected pursuant to the provisions of this article shall be returned to the original source of funding, including as provided in Los Angeles Municipal Code Section 91.8906.1.2.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
(a) Whenever there has been a sale to the City or a deed to the City under the provisions of former Los Angeles Municipal Code Sections 91.8906.3.20, 91.8906.3.22, 62.103(g)(18) or 62.103(g)(20) on or prior to the effective date of this ordinance, the sale or deed to the City is hereby deemed canceled as of the effective date of this ordinance. Simultaneously with the cancellation of any sale or deed to the City, the City’s lien for any costs incurred for the abatement of any nuisance shall revive. The lien shall have the same priority as a judgment lien and shall date back to the date on which the original lien was recorded pursuant to former Section 91.8906.3.8 or 62.103(g)(6).
(b) The responsible City Department is directed to: (1) record a quitclaim deed in relation to each property for which a deed described in Paragraph (a) above has been recorded, and (2) give written notice of recording the quitclaim deed to the owner of the property described in the quitclaim deed, based on the last equalized assessment roll or the supplemental roll, whichever is more current on the date the notice is prepared. Each quitclaim deed shall state on its face that the original lien is revived and the date the original lien was recorded. Each quitclaim deed shall also state on its face any exception to the quitclaim for any easement or other interest in each property that the City may properly retain.
(c) Collection of the costs secured by the liens revived as described in Paragraph (a) above shall be pursuant to the provisions of this article.
(d) Whenever there has been a confirmation of an assessment under the provisions of former Los Angeles Municipal Code Sections 57.104.14, 62.103(g)(1) through 62.103(g)(3), or 91.8906.3.1 through 91.8906.3.4, or former Los Angeles Administrative Code Sections 19.96 B.6. or 19.97, on or prior to the effective date of this ordinance, the confirmed assessment shall be treated and collected as a confirmed lien under the applicable provisions of Sections 7.35.5 through 7.35.8 of this Article.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
Amended by: Subsec. (b), Ord. No. 181,559, Eff. 3-22-11.
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