A. The costs of abatement by the city as confirmed by the City Council may be levied as a nuisance abatement lien against the subject property pursuant to Government Code Section 38773.1.
1. Prior to recordation, notice shall be provided to owner. Service of the notice shall be in the same manner as a summons in a civil action pursuant to Code of Civil Procedure Section 415.10 et seq. If the owner, 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 published in Contra Costa County pursuant to Government Code Section 6062.
2. The nuisance abatement lien shall be recorded in the County Recorder's office and shall have the force, effect and priority of a judgment lien.
3. The nuisance abatement lien shall specify the amount of the lien, the name of the city, the date of the Council's 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 owner.
4. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.
5. The city may recover from the owner any costs incurred regarding the processing and recording of the lien and providing notice to the owner as part of its foreclosure action to enforce the lien.
B. Alternatively, the costs of abatement by the city as confirmed by the City Council may be made a special assessment against the subject property pursuant to Government Code Section 38773.5.
1. Prior to making a special assessment, notice shall be provided to the owner. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. Service of the notice shall be made by certified mail to the owner based on the address indicated on the assessor's roll or any other address determined during the abatement process. The tax collector's power of sale shall not be affected by the failure of the owner to receive notice.
2. After the City Council has confirmed the report of costs to abate the nuisance, and if such costs have not been paid in full, the City Manager or his/her designee shall transmit a copy of the report together with a copy of the resolution confirming the same to the County Tax Collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment for municipal purposes levied against the property on which the nuisance was maintained or from which said nuisance extended.
3. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be collected 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.
4. If the 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 shall be transferred to the unsecured roll for collection.
5. The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code section 3691, conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.
C. The City Council may order refunded all or any part of a lien or special assessment paid pursuant to the provisions of this chapter if the City Council finds that all or and part of the lien or special assessment has been erroneously levied. A lien or special assessment, or any part thereof, shall not be refunded unless a claim is filed with the City Clerk. The claim shall be verified by the person who paid the tax or his/her guardian, executor, administrator, personal representative or successor in interest. (Ord. 2004-10 § 2(part), 2004)
1. Prior to recordation, notice shall be provided to owner. Service of the notice shall be in the same manner as a summons in a civil action pursuant to Code of Civil Procedure Section 415.10 et seq. If the owner, 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 published in Contra Costa County pursuant to Government Code Section 6062.
2. The nuisance abatement lien shall be recorded in the County Recorder's office and shall have the force, effect and priority of a judgment lien.
3. The nuisance abatement lien shall specify the amount of the lien, the name of the city, the date of the Council's 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 owner.
4. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.
5. The city may recover from the owner any costs incurred regarding the processing and recording of the lien and providing notice to the owner as part of its foreclosure action to enforce the lien.
B. Alternatively, the costs of abatement by the city as confirmed by the City Council may be made a special assessment against the subject property pursuant to Government Code Section 38773.5.
1. Prior to making a special assessment, notice shall be provided to the owner. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. Service of the notice shall be made by certified mail to the owner based on the address indicated on the assessor's roll or any other address determined during the abatement process. The tax collector's power of sale shall not be affected by the failure of the owner to receive notice.
2. After the City Council has confirmed the report of costs to abate the nuisance, and if such costs have not been paid in full, the City Manager or his/her designee shall transmit a copy of the report together with a copy of the resolution confirming the same to the County Tax Collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment for municipal purposes levied against the property on which the nuisance was maintained or from which said nuisance extended.
3. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be collected 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.
4. If the 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 shall be transferred to the unsecured roll for collection.
5. The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code section 3691, conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.
C. The City Council may order refunded all or any part of a lien or special assessment paid pursuant to the provisions of this chapter if the City Council finds that all or and part of the lien or special assessment has been erroneously levied. A lien or special assessment, or any part thereof, shall not be refunded unless a claim is filed with the City Clerk. The claim shall be verified by the person who paid the tax or his/her guardian, executor, administrator, personal representative or successor in interest. (Ord. 2004-10 § 2(part), 2004)