The failure of any person to pay the civil fine and/or late charges imposed by a citation shall constitute a debt that may be collected in any manner allowed by law, including by way of lien or special assessment. The city shall be entitled to recover its attorney fees and costs arising from an action to collect the civil fine and/or late charge if it is the prevailing party and provided it made the election to seek attorney fees at the commencement of the action. A responsible person shall be entitled to recover his or her attorney fees if the city made the election to seek attorney fees at the outset of the action and the responsible person prevails in that collection action.
A. Interest. The city may collect any past due civil fine, including a late payment fine, at the legal rate of interest compounding monthly, and costs of collection by all available legal means. Interest shall not accrue during the pendency of any timely appeal of a citation.
B. Liens.
1. The city may collect the civil fine by recording a lien against the property.
2. Prior to recording a lien against the property, the city manager shall prepare a report detailing the address, parcel number, and owner of record’s name and address, the amount of the civil fine and/or penalties, the date of the order or citation and the violations. The report shall include a statement that the city intends to place a lien against the property in the amount of the civil fine and/or penalties owed.
3. A notice of intent to record a lien shall be sent by certified mail, to the owner of record at the address shown on the current assessment roll and any other address shown in city records and to the holder of any recorded interest, whose address may be ascertained from title records or who is otherwise known to the enforcement official, with a notice of time and date on which the city council will hold a hearing to determine whether to record a lien against the property. If the owner of record 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 pursuant to Government Code Section 6062. Notice shall be given at least ten days prior to the hearing and shall specify that objections may be presented at the hearing or filed in writing five days in advance of the hearing.
4. The city manager’s report shall be forwarded to the city council, which shall consider the report, together with any objections or protests that may be raised by any owner of record liable for the cost of a civil fine and/or penalty, the holder of any recorded interest in the property and any other responsible person. The city council may make such correction, revision or modification in the report as it may deem just. The report, as amended, shall be confirmed by resolution.
5. Immediately upon confirmation of the amount of the lien, the city clerk shall cause to be filed in the office of the county recorder of San Bernardino County a notice of lien stating that it is recorded pursuant to this section. The lien shall also include the parcel’s address, legal description, assessor’s parcel number, the owner of record’s name and address, the date of the citation or order, the amount of civil fine and/or penalties assessed, and the rate of interest. The form of the lien shall be approved by the city attorney.
6. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, the city shall record notice of the discharge containing the information specified in subsection (B)(5) of this section.
7. The lien may be foreclosed by an action brought by the city for money judgment.
C. Assessment.
1. The city may also collect the civil fine by way of a special assessment against the property.
2. The city manager shall prepare a report detailing the address, parcel number, owner of record’s name and address, the amount of the civil fine, the date of the order or citation and the violations. The report shall include a statement that the city intends to file a special assessment against the property in the amount of the civil fine and/or penalties owed.
3. A copy of the city manager’s report shall be sent to the owner of record, by certified mail, at the address shown on the current assessment roll and any other address shown in city records, to the holder of any recorded interest, whose address may be ascertained from title records or who is otherwise known to the enforcement official, with a notice of time and date on which the city council will hold a hearing to determine whether to file a special assessment against the property. If the owner of record 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 pursuant to Government Code Section 6062. Notice shall be given at least ten days prior to the hearing and shall specify that objections may be presented at the hearing or filed in writing five days in advance of the hearing.
4. The city manager’s report shall be forwarded to the city council, which shall consider the report, together with any objections or protests that may be raised by any owner of record liable for the cost of a civil fine and/or penalty, the holder of any recorded interest in the property and any other responsible person. The city council may make such correction, revision or modification in the report as it may deem just. The report, as amended, shall be confirmed by resolution.
5. Upon confirmation of the special assessment, the city clerk shall cause to be filed in the office of the county recorder of San Bernardino County a notice of assessment stating that it is recorded pursuant to this section. The special assessment shall also include the parcel’s address, legal description, assessor’s parcel number, the record owner’s name and address, the date of the citation or order, the amount of civil fine and/or penalties assessed, and the rate of interest. The form of the special assessment shall be approved by the city attorney.
6. The city shall provide notice to the record owner at the time of imposing the assessment. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. 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. If any real property to which the special assessment applies 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, 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 special assessment against the property but instead shall be transferred to the unsecured roll for collection.
7. The city clerk shall request that the county auditor enter the special assessment on the county tax roll against the property. 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 procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.
8. The city may, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code conduct a sale of vacant residential property for which the payment of a special assessment is delinquent. (Ord. 283 § 2, 2008)