(A) Recovery of penalties and costs.
(1) Administrative penalties and abatement costs shall be a debt to the city and subject to all remedies for debt collection as allowed by law.
(2) When a violation involves privately owned real property and the abatement costs and penalties are unpaid within the prescribed time set forth in the applicable order, the amount of such costs and penalties may be recorded as a lien upon and against the real property or collected as special assessments without further hearing.
(3) The city may recover its collection costs pursuant to § 15.14 of this code.
(4) In addition to any other means of enforcement, the City Attorney is authorized to bring a civil action against the responsible party for collection of administrative penalties and abatement costs in any court of competent jurisdiction.
(B) Lien procedure.
(2) Upon determination by the enforcement officer that the abatement costs and penalties contained in an administrative abatement and penalties order or an abatement costs order have not been satisfied in full within the time for payment set forth in the administrative penalties order or abatement costs order, the enforcement officer may prepare a nuisance abatement lien stating the name of the City of Red Bluff as the agency on whose behalf the lien is imposed; the total amounts due and owing; the date of the administrative abatement and penalties order or the abatement costs order; the street address, legal description, and assessor's parcel number of the subject property; and the name and address of the recorded owner of the property. A copy of the administrative abatement and penalties order or the abatement costs order shall be attached to and made a part of the lien.
(3) Prior to recording the nuisance abatement lien, the enforcement officer shall serve a copy of the lien on the property owner, along with notice to the property owner that a lien in the amounts stated in the nuisance abatement lien will be filed against the subject property in the office of the Tehama County Clerk-Recorder.
(4) The nuisance abatement lien shall be served in the same manner as summons in a civil action in accordance with California Code of Civil Procedure §§ 415.10 et seq. If the owner of record, after diligent search cannot be found, the lien 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 the City of Red Bluff.
(5) Following proper notice to the owner of record as provided in division (B)(4) of this section, the nuisance abatement lien shall be recorded with the Tehama County Clerk-Recorder. Once recorded, the nuisance abatement lien shall have the force and effect and priority of a judgment lien governed by the provisions of § 697.340 of the California Code of Civil Procedure and may be extended as provided in §§ 683.110 to 683.220, inclusive, of the California Code of Civil Procedure.
(6) Interest at the legal rate per year shall accrue on the principal amount of the lien until satisfied pursuant to law.
(7) A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment.
(C) Special assessment procedure.
(1) As an alternative to the procedure authorized by § 15.14 of this chapter, the city may make any unpaid abatement costs or penalties a special assessment against the real property that was the subject of an administrative abatement and penalties order issued in accordance with Article IV of this chapter or an abatement costs order issued in accordance with Article V of this chapter.
(2) Upon determination by the enforcement officer that the abatement costs and penalties contained in an administrative abatement and penalties order or an abatement costs order have not been satisfied in full within the time for payment set forth in the administrative penalties order or abatement costs order, the enforcement officer may prepare a notice of assessment lien stating the name of the city of Red Bluff as the agency on whose behalf the lien is imposed; the total amounts due and owing; the date of the administrative abatement and penalties order or the abatement costs order; the street address, legal description, and assessor's parcel number of the subject property; and the name and address of the recorded owner of the property. A copy of the administrative abatement and penalties order or the abatement costs order shall be attached to and made a part of the assessment lien.
(3) Prior to recording the assessment lien, the enforcement officer shall serve a copy of the notice of assessment lien on the property owner. The assessment lien shall be served in the same manner as summons in a civil action in accordance with California Code of Civil Procedure §§ 415.10 et seq. If the owner of record, after diligent search cannot be found, the lien 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 Tehama County. The tax collector's power of sale shall not be affected by the failure of the property owner to receive the notice.
(4) Upon service of the notice of assessment lien on the property owner, the enforcement officer shall cause a certified copy of the notice to be recorded with the Tehama County Assessor-Recorder, which shall add the amount of the assessment to the next regular tax bill levied against the property in the same manner as ordinary municipal taxes. The assessment lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and paramount to all other liens except state, county, and municipal taxes with which it shall have parity. The assessment lien shall continue until the assessment and all interest due and payable thereon has been paid.
(5) The assessment may be collected at the same time and in 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.
(6) Interest shall accrue on the principal amount of the assessment until satisfied pursuant to law.
(7) The city may, subject to the requirements applicable to the sale of property pursuant to § 3691 of the California Revenue and Taxation Code, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.
(D) Satisfaction of lien or special assessment. For any lien or special assessment imposed under this chapter, once payment in full has been received by the city, the city of Red Bluff shall either record a notice of satisfaction/lien release or provide the property owner or applicable financial institution with a notice of satisfaction so they may record such notice with the Tehama County Clerk-Recorder. The notice of satisfaction/lien release shall cancel the city's lien or special assessment.
(Ord. 1074, passed 7-18-2023)