If the city elects to perform public nuisance abatement work
or its enforcement actions cause such work to be performed pursuant
to this title, the owner of record of the property shall be liable
for all costs of abatement incurred by the city, including, but not
limited to, administrative costs. Costs owing to the city under this
provision also include costs incurred by the city in connection with
its enforcement of the municipal code under this title regardless
of whether the city performs the subject abatement work or whether
the city's code compliance actions cause the person or persons with
ownership and/or control over the property at issue to perform the
abatement work or to otherwise bring the property into compliance
with the applicable provisions of the municipal code.
(Ord. 504 § 2, 1999; Ord. 689 § 1, 2010; Ord. 776 § 83, 2016)
The prevailing party in any proceeding conducted pursuant to
this chapter and associated with the abatement of a public nuisance
shall be entitled to recovery of attorneys' fees incurred in any such
proceeding. In no action, administrative proceeding, or special proceeding
shall an award of attorney's fees to a prevailing party exceed the
amount of reasonable attorney's fees incurred by the city in the action
or proceeding.
(Ord. 504 § 2, 1999; Ord. 776 § 84, 2016)
Recovery of costs pursuant to this chapter shall be in addition
to and shall not limit any prevailing party's right to recover any
cost that a prevailing party is entitled to recover by law.
(Ord. 504 § 2, 1999)
A.
Upon completion of any abatement work performed by or under the direction of the city, or upon incursion by the city of any costs subject to recovery pursuant to this title, the issuing officer or authorized agent shall prepare an abatement cost report in the form prescribed by Section 13.120.040, which provides an accounting of the cost, including incidental expenses, incurred as a result of abating any public nuisance on each separate lot or parcel of land.
B.
Notwithstanding subsection A, any award, order, settlement, or grant of costs to the city, including any attorney's fees, which stems from any proceeding in a state or federal court involving the abatement of any public nuisance on each separate lot or parcel of land shall be not included in the abatement cost report, nor shall such awards, orders or grants be appealable under Section 13.120.090 or Chapter 13.130.
(Ord. 504 § 2, 1999; Ord. 689 § 2, 2010; Ord. 776 § 85, 2016)
The abatement cost report shall itemize all costs associated
with the rehabilitation, demolition or repair of said property, buildings
or structures, including any salvage value relating thereto and a
total of all such costs. The abatement cost report shall also include
the following information:
A.
A
description of the subject real property;
B.
The
names and addresses of the persons entitled to receive notice;
C.
A
description of the work completed;
D.
A
determination that the amount of the costs set forth in the abatement
cost report are accurate and reasonable;
E.
Notice
of the opportunity to appeal the amount and the reasonableness of
the abatement costs; and
F.
Notice
of the city's intention to make the final and approved abatement costs
a special assessment against the property.
(Ord. 504 § 2, 1999)
The issuing officer or authorized agent shall file the original
abatement cost report with the city clerk who shall cause the abatement
cost report to be filed in the office of the county recorder.
(Ord. 504 § 2, 1999)
The abatement cost report and any amended or supplemental report,
shall be served upon the record owner and/or any agent having charge
or control of the property. The failure of the code compliance officer
or authorized agent to serve any person required herein to be served
shall not invalidate any proceedings hereunder as to any other person
duly served or relieve any such person from any duty or obligation
imposed by the provisions of this title.
(Ord. 504 § 2, 1999; Ord. 776 § 86, 2016)
Service of a copy of the abatement cost report shall be made
upon all persons entitled thereto either personally or by certified
mail, postage prepaid, return receipt requested, at their address
as it appears on the last equalized assessment roll of the county
or as otherwise known to the issuing officer or authorized agent.
If an address of any such person does not appear on the last equalized
assessment roll or is not otherwise known to the issuing officer or
authorized agent, then a copy of the abatement cost report shall be
addressed to such person(s) and mailed to the address of the subject
premises. The failure of any such person to receive a copy of the
abatement cost report shall not affect the validity of any proceedings
or actions taken under this title.
(Ord. 504 § 2, 1999)
Proof of service of the abatement cost report shall be certified
at the time of service by a written declaration under penalty of perjury
executed by the persons effecting service, declaring the date and
manner in which service was made. The declaration, together with any
receipt card returned in acknowledgment of receipt by certified mail
shall be affixed to a copy of the abatement cost report and retained
by the issuing officer or authorized agent.
(Ord. 504 § 2, 1999)
Service of an abatement cost report which is personally served
shall be deemed completed at the time of such delivery. Service of
an abatement cost report which is served by mail is deemed completed
on the date said abatement cost report is deposited in the mail.
(Ord. 504 § 2, 1999)
Any party possessing a legal or equitable interest including,
but not limited to, a leasehold interest in the property that is the
subject of an abatement cost report may appeal from the abatement
cost report to the administrative appeals officer. Such appeal shall
be limited to the following issues: (a) the amount of the abatement
costs; and (b) the reasonableness of the abatement performed.
(Ord. 504 § 2, 1999)
All appeals from any abatement cost report shall be in writing
and shall contain the following information:
A.
Name(s)
of each appellant;
B.
A
brief statement setting forth the legal or equitable interest of each
appellant;
C.
A
brief statement in ordinary and concise language of the specific cost
items protested, together with any material facts claimed to support
the contentions of the appellant;
D.
Brief
statement in ordinary and concise language of the relief sought and
the reasons why the abatement costs should be modified or otherwise
set aside;
E.
The signatures of all parties named as appellants and their official mailing addresses. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete as provided by Section 13.120.130.
(Ord. 504 § 2, 1999)
A complete and proper appeal of abatement cost report as described in Section 13.120.100 shall be filed with the city clerk within ten calendar days from the date service of the abatement cost report is completed pursuant to Section 13.120.080. Any appeal not timely filed shall be rejected.
(Ord. 504 § 2, 1999)
A filing fee as established by city council resolution or any
amendments thereto for an appeal of abatement cost report must be
paid to the city at or prior to the time of the filing of such appeal.
Any appeal of the abatement cost report filed without payment of the
filing fee shall be deemed incomplete.
(Ord. 504 § 2, 1999)
Not later than five calendar days from the date the appeal is
filed, the city clerk or designee shall determine whether the appeal
is complete. If the appeal is determined to be incomplete, the city
clerk or designee shall immediately mail to the appellant a notice
of incomplete filing which shall provide a written explanation of
each reason why the appeal has been determined to be incomplete. If
service of the notice of incomplete filing is completed within five
calendar days from the date the appeal is filed, the ten-calendar-day
time period within which to file a completed appeal of abatement cost
report shall not be extended.
(Ord. 504 § 2, 1999)
The city clerk or designee shall present any appeal filed pursuant
to this chapter to the administrative appeals officer upon receipt
of such appeal.
(Ord. 504 § 2, 1999)
Enforcement of the summary abatement report shall be stayed
during the pendency of an appeal therefrom which is properly and timely
filed pursuant to this chapter.
(Ord. 504 § 2, 1999)
Failure to timely and properly file an appeal from an abatement
cost report shall constitute a waiver of all rights to an appeal of
the abatement cost report or any portion thereof. The determination
that the amount of the costs set forth in the abatement cost report
are accurate and reasonable shall be deemed final on the day that
service of the abatement cost report is deemed completed.
(Ord. 504 § 2, 1999)
The owner of record of the subject property shall pay all costs of abatement no later than thirty calendar days from the date the abatement cost report becomes final pursuant to Section 13.120.160. The amount of the abatement costs for which the owner of record shall be responsible shall be as set forth in the final abatement cost report.
(Ord. 504 § 2, 1999)
A.
If the abatement costs are not paid within thirty calendar days from the date the abatement cost report becomes due pursuant to Section 13.120.170, the abatement costs shall become a special assessment against that parcel.
B.
If costs owed pursuant to an award, order, settlement, or grant under Section 13.120.030(B) are not paid within thirty calendar days from the date of the award, order, settlement, or grant, or within any other specified deadline, the costs may become a special assessment against the lot or parcel of land that was subject of the proceeding.
(Ord. 504 § 2, 1999; Ord. 776 § 87, 2016)
Notice of the imposition of a special assessment shall be sent
by certified mail return receipt requested to the property owner,
if the property owner's identity can be determined from the records
of the office of the county assessor or the office of the county recorder.
The notice shall be given at the time of imposing the assessment and
shall specify that the property may be sold after three years by the
tax collector for unpaid delinquent assessments.
(Ord. 504 § 2, 1999)
The notice of special assessment shall be filed and recorded
in the office of the county recorder.
(Ord. 504 § 2, 1999)
Subject to the requirements applicable to the sale of property
pursuant to Section 3691 of the Revenue and Taxation Code, the city
may conduct a sale of vacant residential developed property for which
the payment of an assessment is delinquent.
(Ord. 504 § 2, 1999)
Upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an owner of property is responsible
for a condition that may be abated pursuant to this title, excepting
any conditions abated pursuant to California Health and Safety Code
Section 17980, the city is entitled to recover treble the costs of
abatement from said owner.
(Ord. 504 § 2, 1999)
