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§ 11.0211 Filing and Recording of Notices.
   (a)   Recording a Notice of Action. Whenever an enforcement action is initiated, including when a written order is issued pursuant to § 11.0205, and prior to recording a notice of pendency, the Code Enforcement Division or other County Department initiating the action may record with the County Recorder a notice of action identifying the enforcement action taken for violation of the County Code or other applicable law. The notice of action shall be served by certified mail return receipt requested and first class mail to the address shown on the current assessment roll and addressed to any other person known to be in possession of the property at the street address of the property where the nuisance exists. The notice of action shall state:
      (1)   That the County is the agency on whose behalf the notice of action is filed.
      (2)   The date of the written order.
      (3)   The street address of the property, if available.
      (4)   The legal description of the property.
      (5)   The assessor's parcel number of the property.
      (6)   That nuisance conditions exist on the property.
      (7)   The name and address of the owner of the property, if known.
      (8)   The amount of any costs incurred to date by the County in abating or restraining the nuisance conditions.
      (9)   The amount of any administrative citations issued to date as a result of the nuisance conditions on the subject parcel.
      (10)   That the costs of abatement and/or the amounts of administrative citations or penalties only reflect the costs of abatement and the amount accrued as of the date of the notice of action, and that the amount shown may increase over time and/or until such time as abatement is complete and all costs and the amounts of administrative citations or penalties have been paid in full to San Bernardino County.
      (11)   That unpaid abatement costs or administrative citations may be specially assessed and that such special assessment is not subject to extinguishment by the sale or foreclosure of the property or by sale of the property for unpaid property taxes.
      (12)   That the notice of action shall not be removed until the violations are abated and all costs incurred by the County are recovered, and any criminal fines or administrative citations have been paid.
   (b)   Recording of a Notice of Pendency. Whenever the County institutes a judicial action or proceeding to enforce the San Bernardino County Code, a notice of pendency of the action or proceeding may be recorded in the County Recorder's Office. The notice may be recorded at the time of the commencement of the action or proceeding, and upon recordation of the notice as provided in this Section, shall have the same effect as a notice recorded in compliance with § 405.20 of the Code of Civil Procedure.
      (1)   The County Recorder shall record and index the notice of pendency of action or proceeding in the Grantor/Grantee Index.
      (2)   Any notice of pendency of action or proceeding filed in compliance with this Section may, upon motion of a party to the action or proceeding, be vacated upon an appropriate showing of need therefor by an order of a judge of the Court in which the action or proceeding is pending.
(Ord. 4424, passed - -2021)