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(a) Notice of Cost and Claim of Lien.
(1) Upon satisfactory compliance with the Director's order, the Director shall ascertain the administrative costs incurred by the Department and the Owner of such real property shall thereupon be obligated to the City and County of San Francisco in the amount of such administrative costs. The term "administrative costs" shall include attorneys' fees for those cases in which such fees have been awarded to the Department under this Article. The City and County of San Francisco shall thereupon have a lien for such costs, upon such real property until payment thereof, which lien shall also include additional charges for administrative expenses of $1,000, or 10 percent of the costs of abatement and removal, whichever is higher, and interest at a rate of 1½ percent per month, or fraction thereof, compounded monthly from the date of recordation of the lien on all fees and charges due as aforesaid. The Director shall cause a notice itemizing the administrative costs to be mailed in the manner herein provided for mailing Notice of Hearing, which notice shall demand payment thereof to the Department, and shall give notice of claim of such lien and of the recording of the same, in the event such amount is not paid, as hereinafter set forth.
(2) Upon the Responsible Parties' failure to comply with the Director's order and the completion of the abatement and removal of the nuisance by the Department, the Director shall, in addition to ascertaining the administrative costs as set forth in subparagraph (1) of this Section, ascertain the costs of abatement and removal incurred by the City and the Owner of such real property shall thereupon be obligated to the City and County of San Francisco in the amount of such costs of abatement and removal. In addition to the lien provided for in subparagraph (1) of this Section, the City and County of San Francisco shall have a lien for such costs of abatement and removal upon such real property until payment thereof, which lien shall also include additional charges for administrative expenses of $1,000, or 10 percent of the costs of abatement and removal, whichever is higher, and interest at a rate of 1½ percent per month, or fraction thereof, compounded monthly from the date of recordation of the lien on all fees and charges due as aforesaid. The Director shall cause a notice itemizing the cost of abatement and removal to be mailed in the manner herein provided for mailing Notice of Hearing, which notice shall demand payment thereof to the Department, and shall give notice of claim of such lien and of the recording of the same, in the event such amount is not paid, as hereinafter set forth.
(b) Recording of Lien. If the costs as provided for in subsection (a) of this Section are not paid to the Department within 45 days after mailing of notice thereof, the Director shall file in the Office of the Recorder of the City and County a verified claim containing a particular description of the property subject to such lien, the place and general nature of the administrative costs and of the abatement and removal for which the lien is claimed, the date of posting of said property, the date of the service of Notice of Violation and the Director's order, and the date of the removal of the nuisance, the name of the Owner of the property as aforesaid and the amount of the lien claimed, which shall include the cost of verification and filing thereof.
(c) Collection by Bureau of Delinquent Revenue. The Director shall also transmit to the Bureau of Delinquent Revenue, on the expiration of such 45-day period, a statement of each such unpaid costs, together with the cost of verification and filing and claim therefor. The bureau shall endeavor diligently to collect the same on behalf of the City and County by foreclosure of the lien therefor or otherwise. Any and all amounts paid or collected shall replenish the revolving fund hereinafter provided.
(d) Release of Lien. On payment of any such claim of lien, the Director shall give a release thereof.
(e) Continuing Appropriation Account. There is hereby created a Special Revenue Fund for a continuing appropriation account entitled "Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances."
The account shall be credited with such sums as may be appropriate by the Board of Supervisors, amounts collected by the Department and sums received in consideration of release of liens and payment of special assessments. Expenditures from said sums shall be made to pay for the abatement and removal of nuisances as provided in this Article. In the event that the unexpended balance in said account shall exceed $200,000 such excess shall be transferred to the unappropriated balance of the general fund.
(f) Collection of Expenses as a Special Assessment. The Director may initiate proceedings to make unpaid expenses for the administration of the abatement action and for the abatement and removal of nuisances a special assessment against the parcels of property from which the nuisance was abated and removed by the Department.
(g) Report of Delinquencies Transmitted to Board of Supervisors. A report of delinquent charges shall be transmitted to the Board of Supervisors by the Director as necessary, but in no event less often than once each year, commencing with the first anniversary of the date of enactment of this ordinance. Upon receipt by the Board of Supervisors of the report, it shall fix a time, date and place for hearing the report and any protests or objections thereto.
(h) Notice of Hearing. The Board of Supervisors shall cause notice of the hearing to be mailed to the Owner of the real property and any person or entity with a recorded interest in the property to which the service was rendered not less than 10 days prior to the date of hearing.
(i) Hearing. At the time for consideration of the report, the Board of Supervisors shall hear it with any objections of the Owners liable to be assessed for all administrative costs incurred and the costs of abatement and removal by the Director, if any. The Board of Supervisors may make such revisions, corrections or modifications of the report as it may deem just and, in the event that the Board of Supervisors is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the Board of Supervisors on the report and on all protests or objections thereto shall be final and conclusive.
(j) Collection of Assessment. Upon confirmation of the report by the Board of Supervisors, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. At the time the special assessment is imposed, the Director shall give notice to the Owner and other parties with an interest in the property by certified mail, and shall inform them that the property may be sold by the Tax Collector for unpaid delinquent assessments after three-years. Thereafter, said 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 same procedure of sale as provided for delinquent, ordinary municipal taxes.
The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for Stats, county and municipal taxes with which it shall be on parity. Such assessment lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments. However, if any real property to which the costs of abatement and removal 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 taxes would become delinquent, then the costs of abatement and removal shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
(k) Severability. If any part or provision of this Article or application thereof, to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end the provisions of this ordinance are severable.
(Amended by Ord. 432-81, App. 8/21/81; Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 299-10, File No. 101062, App. 12/3/2010)