(a) All abatement costs shall be subject to collection in accordance with this Section if those amounts have not been satisfied in full within 45 calendar days after those amounts have become final.
(b) Any unpaid abatement costs may be secured by a nuisance abatement lien recorded on title to the nuisance property and by special assessment placed on the tax bill of the nuisance property.
(c) Nuisance Abatement Lien.
(1) Prior to recording a nuisance abatement lien, the County shall serve notice of the lien on all persons or entities with a recorded interest in the nuisance property. In addition, the owners of record shall be served with notice of the lien at the address provided in the last equalized assessment roll or the supplemental roll for the nuisance property, whichever is more current, in the same manner as a summons in a civil action in accordance with Code of Civil Procedure, part 2, title 5, chapter 4, article 3 (commencing with Section 415.10). If the owner of record cannot be found after diligent search, notice of the lien may be served by posting a copy of the notice in a conspicuous place upon the nuisance property for a period of 10 days.
(2) The notice of lien shall, at a minimum, identify the record owners or possessors of the nuisance property, set forth the last known address of the record owners or possessors, set forth the date upon which the lien was created against the nuisance property, include a description of the real property subject to the lien, and identify the amount of the lien.
(3) The lien created shall have the same priority as a judgment lien on real property.
(4) In the event that the lien is discharged, released, or satisfied, then notice of the discharge, release, or satisfaction shall be recorded on the nuisance property.
(5) If the lien is not satisfied within 90 calendar days, the County may foreclose on the lien.
(d) Special Assessment. The County may levy a special assessment against the nuisance property for any unpaid abatement costs. The special assessment may also be recorded against the nuisance property. The recording shall specify that the nuisance property may be sold after three years by the tax collector for the unpaid delinquent assessments.
(1) Prior to recording, the County shall serve notice by certified mail of the special assessment on all persons or entities with a recorded interest in the nuisance property.
(2) Notice of the special assessment shall be provided to the tax collector for the County to add to the next regular tax bill levied against the nuisance property, and it shall be collected at the same time and in the same manner as ordinary taxes are collected, subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other taxes.
(3) After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.
(e) Attorneys' Fees. Unless the County elects at the initiation of an individual action or proceeding not to seek attorneys' fees, the prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance shall be entitled to attorneys' fees, not to exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding. In the event the County prevails, the attorneys' fees awarded to the County shall be included as abatement costs.
(f) Order of Payment. All payments received shall be first applied to interest, then administrative fines, then abatement costs. 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 owners or occupants for processing the notice of satisfaction. This notice of satisfaction will cancel the County's lien under this Section.
(g) Until paid in full, 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 prevailing party in such an action shall be entitled to its reasonable attorneys' fees and costs, not to exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding.
(§ 2, Ord. 1526, eff. October 29, 2020)