(A)
The
City Council shall establish a special revenue fund to be designated
as the administrative hearing fund.
(1)
Revenue to the fund shall include, but is not limited to, special
assessments and personal obligations made pursuant to this chapter.
(2)
Transfers or expenditures from the administrative hearing fund shall
be budgeted for and approved by the City Council. Reimbursements shall
be budgeted for said funds to reimburse or defray the costs and expenses
that may be incurred by the City in doing or causing to be done the
necessary work involving one or more violations identified in an administrative
notice and order or in an enforcement order.
(B)
When any work, including, but not limited to, repair, demolition, or abatement, is to be done pursuant to this chapter, the City Manager, under his or her signing authority, shall cause the work to be accomplished by city personnel or by private contract, pursuant to Santa Rosa City Code Section 3-08.110. Any amount in excess of the City Manager's signature authority shall be approved by the City Council. Plans, specifications, and other work requirements necessary to accomplish the objectives of this chapter therefore may be prepared by or at the direction of the City Manager, who may employ such labor or professional services on a contract basis as may be deemed reasonably necessary.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
The City Council may at any time transfer to the administrative
hearing fund, out of any money in the general fund of the City, such
sums as it may deem necessary in order to expedite an administrative
notice and order or an enforcement order, and any sum so transferred
shall be deemed a loan to the administrative hearing fund and shall
be repaid out of the proceeds of the collections hereinafter provided
for. All funds collected under the proceedings hereinafter provided
for shall be paid to the City of Santa Rosa which shall credit the
same to the administrative hearing fund.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
If the responsible party does not comply with either the administrative
notice and order or administrative enforcement order, or both, and
no appeal has been properly and timely filed, the Code Enforcement
Officer shall file with the County Recorder a copy of the administrative
enforcement order with which the responsible party has failed to comply.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
(A)
Whenever
the amount of any administrative penalty, including administrative
costs, imposed in the administrative enforcement order pursuant to
this chapter has not been satisfied in full within 30 days and/or
has not been successfully challenged by a timely judicial review pursuant
to Government Code Section 53069.4, this penalty may constitute a
special assessment lien against the real property on which the violation
occurred.
(1)
If the responsible party has not paid the administrative penalty,
including administrative costs, in full within 30 days and the City
wishes to confirm the charge as a special assessment against the property,
the Code Enforcement Officer shall request the confirmation of the
special assessment to be placed on the consent agenda of the City
Council within 120 days of the administrative enforcement order.
(2)
The Code Enforcement Officer shall provide written notice to the
responsible party of the request to the City Council for the confirmation
of the penalty as a special assessment against the property at least
10 days prior to the City Council action.
(3)
The Code Enforcement Officer, in his or her sole discretion, may
authorize that the administrative enforcement order imposing the penalty,
including the administrative costs, against the property involved,
when the amount is in excess of $2,500.00, may be divided into installments
payable in not more than five equal annual installments. The resolution
adopted pursuant to this article confirming the assessment against
the property shall also state, when applicable, the number of installments
and the rate of interest thereupon, the descriptions of the parcels
identified in the confirmation shall be those used for the same parcels
on the County Assessor's map books for the current year.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
After confirmation of the report, certified copies of the assessment
shall be given to the Tax Assessor and to the Tax Collector, who shall
add the amount of the assessment to the next regular tax bill levied
against the parcel.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
If the County Assessor and the County Tax Collector assess property
and collect taxes for the City, a certified copy of the assessment
shall be filed with the County Auditor on or before August 10th. The
descriptions of the parcels reported shall be those used for the same
parcels on the County Assessor's map books for the current year.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
(A)
Priority.
Immediately upon its being placed on the assessment roll, the assessment
shall be deemed to be complete, the several amounts assessed shall
be payable, and the assessments shall be liens against the lots or
parcels of land assessed respectively. The lien shall be subordinate
to all existing special assessment liens previously imposed upon the
same property and shall be paramount to all other liens except for
state, county and municipal taxes, with which it shall have parity.
The lien shall continue until the assessment and all interest due
and payable thereon are paid.
(B)
Interest.
All such assessments remaining unpaid after 30 days from the date
of recording on the assessment roll shall become delinquent and shall
bear interest at the rate of seven percent per year from and after
said date.
(Ord. 3641 § 1, 2003; Ord. 3665 §1, 2004)
(A)
The
amount of the assessment shall be collected at the same time and in
the same manner as ordinary property taxes are collected, and shall
be subject to the same penalties and procedure and sale in case of
delinquency as provided for ordinary property taxes. All laws applicable
to the levy, collection and enforcement of property taxes shall be
applicable to such assessment.
(B)
If
the City Council has determined that the assessment shall be paid
in installments, each installment and any interest thereon shall be
collected in the same manner as ordinary property taxes in successive
years. If any installment is delinquent, the amount thereof is subject
to the same penalties and procedure for sale as provided for ordinary
property taxes.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
All money recovered by payment of the charge or assessment or
from the sale of the property at foreclosure sale shall be paid to
the Treasurer of this jurisdiction who shall credit the same to the
repair and demolition fund.
(Ord. 3641 § 1, 2003; Ord. 3665 §1, 2004)
Once payment in full is received by the City for outstanding
penalties and costs, the Director shall either record a notice of
satisfaction or provide the property owner or financial institution
with a notice of satisfaction so they may record this notice with
the office of the County Recorder. Such notice of satisfaction shall
cancel the City's lien.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
