At such time as abatement costs and/or administrative penalties due and owing have not timely been paid or recovered in full from the bond required by this chapter:
A. The Enforcing Officer shall prepare and file a written report of abatement costs and/or administrative penalties (“report”), itemized by property, with the Clerk of the Board of Supervisors stating, as applicable:
1. For each abatement carried out, the amount of all accrued abatement costs, and/or
2. For each accrued administrative penalty, the amount of delinquent administrative penalty.
B. Upon receipt of the report, the Clerk of the Board of Supervisors shall serve a written notice of hearing on report of abatement costs and/or administrative penalties to the licensee and property owner as listed on the license application.
C. At the time and date set for the lien hearing, the Board of Supervisors shall review and consider the report and any protests or objections to it.
D. At the conclusion of the lien hearing, the Board of Supervisors shall make such modifications to the report as it deems necessary and thereafter shall adopt a resolution confirming, modifying, or discharging the lien amount. As part of the resolution, the Board of Supervisors may order that all or any part of the administrative penalty and the cost to correct the violation pursuant to this chapter, including the abatement costs, as confirmed by the Board of Supervisors, be placed upon the county tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the costs, including the cost of administration, as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll.
E. The liens provided herein shall have no force and effect until recorded with the County Recorder. The Board of Supervisors may cause notices of abatement lien and/or notices of administrative penalty lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code. Upon recordation, the Clerk of the Board of Supervisors shall serve, in the manner set forth in § 12-04.18(A)(3), a copy of the recorded notice(s).
F. Within thirty (30) calendar days following the Board of Supervisors’ adoption of a resolution imposing a lien, the Clerk of the Board of Supervisors will file same as a judgment lien in the Yolo County Recorder's Office.
G. Once recorded, any costs or penalties not specially assessed by the Board of Supervisors pursuant to this section shall have the same force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure section 697.340, and may be extended as provided in Code of Civil Procedure sections 683.110 to 683.220, inclusive.
H. Interest shall accrue on the principal amount of any lien remaining unsatisfied at the rate set forth in Civil Code section 685.010.
I. Once the County receives full payment for outstanding principal, penalties, and costs, the Clerk of the Board of Supervisors will record a notice of satisfaction. A fee shall be paid by the owner(s) and/or occupant(s) for processing the notice of satisfaction. This notice of satisfaction will cancel the County's lien under this section.
J. 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 County shall be entitled to its attorneys’ fees and costs. (§ 2, Ord. 1557, eff. January 21, 2023)