A. Lien procedure.
1. Pursuant to California Government Code Section 38773.1, a lien procedure is adopted to collect any nuisance abatement costs, including the city’s actual costs of enforcement, any associated penalties, and the city attorney’s fees and costs as administrative costs. A lien may be recorded on the real property of each responsible party, jointly and severally, within 30 days of the date the statement of costs becomes a final administrative order of the city.
2. Prior to recording a lien, a notice shall be given to all persons or entities of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplement roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Part 2, Title 5, Chapter 4, Article 3 (commencing with Section 415.10). If the responsible party or parties, 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 by publication in a newspaper of general circulation published in Riverside County for a period of ten days.
3. After notice is given in accordance with the above, a lien shall be recorded in the Riverside County recorder's office and shall constitute a lien on the real property for abatement costs. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.
4. A lien recorded pursuant to this section 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, the legal description and the 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.
5. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Riverside County recorder's office by the city.
B. Special assessment.
1. As an alternative to the lien procedure set forth in Section 8.20.130(A), the city may make the cost of abatement of a nuisance, including penalties, enforcement costs, and attorneys’ fees and costs, a special assessment against the subject property, in accordance with California Government Code Section 38773.5, or as otherwise permitted by law.
2. Notice requirements.
a. Notice under this section shall be provided by certified mail, to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records.
b. Notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
c. Notices shall contain the following information:
i. A legal description, street address, assessor's parcel number and other description sufficient to identify the premises affected;
ii. A description of the violations of the code on the real property which caused the issuance of a citation;
iii. A description of any proceeding under which penalties, costs, and/or fees were imposed, including any final administrative order of the hearing officer or appeals board, or other confirmation process; and
iv. The total amount to be assessed.
(Ord. 608-24 § 8, 2024; Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.130)