(A) Lien. Pursuant to Cal. Govt' Code §§ 38773, 38773.1, and 38773.5, and any successor statutes, persons failing to abate a public nuisance as ordered pursuant to this division, will be obligated to pay all city expenses of abating the nuisance and all administrative costs associated therewith. A nuisance abatement lien in favor of the city for the expenses of the city will be created and recorded, pursuant to this section, against the property on which the nuisance is maintained. The lien will specify the amount of the lien, the name of the city, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
(B) Notice of proposed recordings. Notice will be sent by certified mail at least ten days before recording the lien, an itemized notice of the lien amount and proposed recording will be sent by certified mail to the property owner of record of the parcel of land on which the nuisance was abated by the city, based on the last equalized assessment roll or the supplemental roll, whichever is more current before recordation of the lien. The notice will be served in the same manner as a summons in a civil action in accordance with Cal. Civil Procedure Code §§ 415.10 et seq. If the owner of record, after diligent search, cannot be found, the notice 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 county in which the property is located.
(C) Recording. The city's nuisance abatement lien will then be recorded in the Ventura County Recorder's Office, and from the date of recording, will have the force, effect, and priority of a judgment lien.
(D) Special assessment. The city's total costs described in this subchapter may also be collected as a special assessment against the lot or parcel on which the nuisance existed. After recordation of the nuisance abatement lien the city may provide a copy of the notice of proposed recordation, proof of service, and the recorded lien to the tax collector and the tax collector will add the described special assessment payments to the next regular tax bill levied against the respective lots or parcels and the amounts will be collected and subject to the same penalties and the same procedure under foreclosure and sale as in the case of tax delinquencies. 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 encumbrance for value has been created and attached thereon, before the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.
(E) Satisfaction. In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien will be recorded by the city.
(F) Fees. Any fees incurred by the city for processing, recording of the lien and providing notice to the property owner may be recovered by the city as part of its foreclosure action to enforce the lien.
(Ord. 1072, passed 9-15-03)