A. If the aforesaid property owner responsibilities are not accomplished within the time specified in the resolution, the town shall give written notice by mail or personal service to the owner of record and to the person in possession of the affected property, to perform the required property owner responsibilities within thirty (30) days after receipt of notice. Mailed notice shall be deemed to have been received by the addressee within forty eight (48) hours after mailing. Where notice is mailed to either the owner or occupant, a notice not less than eight by ten inches (8 x 10") in size shall also be posted in a conspicuous place on the premises within forty eight (48) hours after the mailing thereof.
B. The notice shall specify with particularity what work is required to be done and shall state that if such work is not completed by the affected property owner within thirty (30) days after receipt of notice, the town will perform the required work and the costs and expenses therewith will be assessed against the affected property and become a lien thereon.
C. The notice shall include the statement that thirty (30) days after posting of the notice all utility companies are authorized to discontinue electric, communication, community antenna television, or similar or associated service from poles, overhead wires, and associated overhead structures.
D. Thirty (30) days after such posting, all utility companies are hereby authorized to discontinue electric, communication, community antenna television or similar or associated service from poles, overhead wires, and associated overhead structures.
E. If, upon the expiration of the thirty (30) day period, the required work is not performed, the town shall cause the work to be performed. If, however, the premises are unoccupied and no utility services are being furnished thereto, the town may authorize the disconnection and removal of any and all overhead service wires and associated facilities to such property. Upon completion of the work a written report shall be provided for the town council setting forth the properties disconnected and from which overhead service was removed, and the properties where required underground facilities work has been performed by the town, together with a legal description of the property against which the cost is to be assessed, and the costs to be assessed. The council shall fix a time and place for hearing protests against the assessment of the cost of such work, which hearing shall not be less than ten (10) days after the filing of such report.
F. The town shall notify the owner and the person in possession of the premises of the time and place of such protest hearing. Notice shall be given in the same manner as provided in subsection A of this section and shall set forth the amount of the proposed assessment.
G. At the hearing, the council shall hear and consider the report and any protests and may affirm, modify or reject the assessment.
H. Unless the payment of the assessment is authorized to be payable in installments, the amount of each such assessment shall become due and payable to the town upon confirmation by the town council. If any assessment is not paid within thirty (30) days, interest shall be added to the unpaid balance at the rate of eight percent (8%) per year commencing on the thirty first day after such assessment becomes due.
I. 1. The council may authorize, by motion, that the payment of any assessment of more than one hundred dollars ($100.00) may, at the assessee's option, be made in not to exceed ten (10) annual installments, provided, however, that installment payments shall not be permitted where the assessment is one hundred dollars ($100.00) or less.
2. The first installment shall be paid on or before the thirtieth day after confirmation by the town council. Subsequent installments and interest shall be paid on or before the successive anniversary dates.
3. The unpaid balance of the assessment shall bear interest at the rate of eight percent (8%) per year.
4. If any installment is not paid on or before the anniversary date, the entire unpaid balance of such assessment shall become due and payable immediately.
J. Any assessment or installment not paid within six (6) months from the date it is due and payable is delinquent. A delinquent penalty of six percent (6%) of the unpaid balance, including principal and interest, shall be added thereto.
K. If any assessment is not paid in full within thirty (30) days after confirmation of the assessment, a lien shall be impressed against the property so assessed for the total unpaid balance of such assessment, together with interest and penalties thereon, if any, effective as of the time of recordation of a notice of lien, which lien shall continue until the assessment, together with interest and penalties thereon, has been paid in full, or until such lien has been discharged of record.
L. The town clerk is authorized to record in the office of the county recorder of San Bernardino County a certificate of lien in the following form:
NOTICE OF LIEN
The Town Manager did on , 20 , cause certain work to be performed, and the Council of the Town of Yucca Valley did on , 20 , by Resolution No. in the files of the Town Clerk, assess the cost of such construction upon the real property in the Town of Yucca Valley hereinafter described, and the same has not been paid nor any part thereof, and the said Town of Yucca Valley does hereby claim a lien on said real property in the total sum of $ less the sum of $ which has been paid, leaving the principal sum of $ now due, owing and unpaid, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 8 percent per annum, from , 20 , and any penalties which may become due, has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which lien is claimed is that certain parcel of land in the Town of Yucca Valley, County of San Bernardino, State of California, described as follows:
(DESCRIPTION OF PROPERTY)
Dated:
Town Clerk of the Town of Yucca Valley
(Ord. 221, 2-1-2011)