The city manager or designee shall determine whether the cost of abating the public nuisance shall be recovered as a personal obligation or a special assessment upon the property.
(A) Personal Obligation Of Recovery:
1. A demand for payment of recovery costs for the abatement of the public nuisance shall be served upon the property owner or responsible party by posting the notice in a conspicuous place on the property and by mailing a copy of the notice to the property owner. The notice shall include, but is not limited to, the following:
(a) A description of the property sufficient to identify the property including address or assessor's parcel number, if available;
(b) The total amount to be paid associated with the abatement of the public nuisance at the property along with a copy of the accounting of the charges; and
(c) A demand for payment within thirty (30) days from the date of service of the notice that if payment is not made within thirty (30) days from the date of the demand for payment, the payment shall be deemed delinquent and shall be subject to a penalty assessment of one hundred dollars ($100.00) and such unpaid amounts including any penalty shall be made a lien upon the property of the responsible party pursuant to Government Code sections 38773, 38773.1 and 38773.2.
2. If the responsible party fails to pay all or part of the costs associated with the abatement of the public nuisance, the city may then record a lien on the parcel of land on which the public nuisance was abated pursuant to Government Code section 38773.1 or in the case of graffiti abatement section 38773.2.
3. In the event that the city should initiate any action or proceeding in accordance with Government Code section 38773.1 or 38773.2, the prevailing party in such action or proceeding shall be entitled to recover costs of such action including reasonable attorney fees.
(B) Recovery Of Abatement Costs By Special Assessment:
1. As an alternative to the recovery of abatement costs as a personal obligation, the city may recover the cost of abatement of a public nuisance upon a parcel of land by special assessment against the parcel pursuant to Government Code section 38773.5 or in the case of graffiti abatement section 38773.6.
2. If the city manager or his or her designee determines that the abatement costs shall be charged against the property, the city manager or his or her designee shall prepare a notice of special assessment.
3. The city manager or his or her designee shall deliver the notice of special assessment to the county auditor/tax collector pursuant to Government Code section 38773.5 or 38773.6.
4. The notice of special assessment shall be sent to the property owner pursuant to the notice requirements of Government Code section 38773.5 or 38773.6.
5. In the event that the city should initiate any action or proceeding in accordance with Government Code section 38773.5 or 38773.6, the prevailing party in such action or proceeding shall be entitled to recover costs of such action including reasonable attorney fees. (Ord. 2013-8, 11-4-2013)