(A) The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Cal. Gov’t Code § 38775.5, and future amendments thereto, in the event a Statement of Abatement Costs or a confirmed Statement of Abatement Costs is not paid in a timely manner.
(B) A Notice of Special Assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is the imposed which shall contain the following recitals:
The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. 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 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.
(C) The notice of special assessment shall be in a form substantially as follows:
NOTICE OF SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT
(Claim of the City of Santa Fe Springs)
In compliance with the authority of the provisions of Chapter 95 (Public Nuisances) of Title IX of the Santa Fe Springs Municipal Code, the City Manager of the City of Santa Fe Springs did on or about the __________ day of __________ 20 ____, cause the premises hereinafter described to be rehabilitated or the structure(s) or improvement(s) on the property to be demolished or repaired in order to abate a public nuisance on the real property; and the abatement was conducted in compliance with an order of abatement dated the __________ day of __________ 20 _____; and the City of Santa Fe Springs did on the __________ day of __________ 20 ____, assess the cost of the demolition, rehabilitation, or repair upon the real property; and the same has not been paid nor any part thereof; and that the City of Santa Fe Springs does hereby declare the costs of the demolition, rehabilitation, or repair in the amount so assessed, to with the sum of __________ dollars ($_____), to be a special assessment against the real property.
The special assessment shall 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 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, before the date on which the first installment of the taxes would become delinquent, 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.
The real property hereinbefore mentioned, and upon which the special assessment is levied, is that certain parcel of land lying and being in the City of Santa Fe Springs, County of Los Angeles, State of California, commonly known as [street address], and more particularly described as follows:
[Legal description, including assessor's parcel number]
The owner of record of the parcel of land is:
[Name and address of recorded owner of the parcel].
(D) The notice of special assessment shall be entitled to recordation with the Los Angeles County Recorder's Office.
(E) The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.
('64 Code, § 17A-12) (Ord. 569, passed 10-25-79; Am. Ord. 993, passed 6-26-08; Am. Ord. 1128, passed 5-16-23)