At such time as an invoice for abatement costs and/or administrative penalties due and has not timely been paid:
(A) The enforcing officer shall prepare and present a written report of abatement costs and/or administrative penalties ("report") to the Board of Supervisors stating, as applicable:
(1) For each abatement carried out, an account of the abatement costs, including costs of administration; and/or
(2) For each accrued administrative penalty, the amount of delinquent administrative penalty.
(B) Upon receipt of the report, the county shall serve a written notice of a lien hearing regarding the report, along with a copy of the invoice upon the responsible parties.
(C) At the time and date set for the lien hearing, the Board of Supervisors shall meet to review and consider the report and any protests or objections to it, and determine whether the amounts owed shall be assessed against such parcel or otherwise attempted to be collected from the owner(s) of such parcel.
(D) At the conclusion of the lien hearing, the Board of Supervisors may make such modifications in the report as it deems necessary and thereafter shall adopt a resolution confirming, modifying, or discharging the lien amount. As part of the resolution, the Board of Supervisors may order that all or any part of the cost to abate the nuisance pursuant to this chapter, including the administrative costs, as confirmed by the Board of Supervisors be placed upon the county tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to Cal. Gov't Code § 25845; provided, however, that the abatement costs, including the cost of administration, as finally determined, shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll.
(E) The liens provided herein shall have no force and effect until recorded with the County Recorder. The county may cause notices of abatement lien and/or notices of administrative penalty lien to be recorded against the respective parcels of real property pursuant to Cal. Gov't Code § 25845. Upon recordation, the county shall serve, in the manner set forth in § 1.06.090, a copy of the recorded notice(s).
(F) Within 30 calendar days following the Board of Supervisors' adoption of a resolution imposing a lien, the county will file the judgment lien in the San Benito County Recorder's Office.
(G) Once recorded, any costs or penalties not specially assessed by the Board of Supervisors pursuant to this section shall have the same force and effect and priority of a judgment lien governed by the provisions of Cal. Code of Civil Procedure § 697.340, and may be extended as provided in Cal. Code of Civil Procedure §§ 683.110 to 683.220, inclusive.
(H) Interest shall accrue on the principal amount of any lien remaining unsatisfied pursuant to the law applicable to civil money judgments.
(I) Once the county receives full payment for outstanding principal, penalties, and costs, the county will record a notice of satisfaction. A fee shall be paid by the responsible parties for processing the notice of satisfaction. This notice of satisfaction will cancel the county's lien under this section.
(J) The lien may be foreclosed and the real property sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. There shall be no right to trial by jury. The county shall be entitled to its attorneys' fees and costs.
(Ord. 960, § 1, 2017; Ord. 1,029, § 2(part), 2021)