A. 
To the extent permitted by law, the City may collect any unpaid monetary fines, civil penalties and costs imposed pursuant to this code as a personal obligation of the responsible person or a lien or special assessment against the real property on which the violation occurred.
B. 
Notwithstanding subsection A, the City, in its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines, interest and penalties relating to any administrative citation. The use of one recovery method does not preclude the use of any other recovery method.
(Ord. 554 § 3, 2019)
A. 
Any fines, costs, or penalties subject to collection under this code may be recovered as a personal obligation against the responsible person. The enforcement officer must keep an itemized account of the fines, costs, penalties and abatement and or enforcement costs incurred by the City.
B. 
Invoice. The enforcement officer may submit an invoice to the responsible person for the costs incurred by the City and for any unpaid fines and penalties associated with the enforcement action. The invoice must notify the responsible person of the following:
1. 
A description of the abatement or enforcement action taken by the City, a description of the property subject to the abatement or enforcement, and the total amount of the fines, penalties and costs incurred by the City;
2. 
That if the responsible person fails to pay the fines, penalties, and costs within 30 days from the date of service of the invoice in accordance with the service procedures set forth in Section 1.08.030, the fines, penalties, and costs may be collected in any or all of the following ways: by a collection agency as a personal obligation, by the City Attorney through judicial action, as a lien attached to the subject property, as a special assessment on the subject property; or in any other manner authorized by law.
C. 
Collection Agency. The enforcement officer may refer to a collection agency or the City Attorney all costs incurred by the City and fines and penalties associated with the enforcement action which remain unpaid for 10 days past the due date. Upon referral, the collection agency or the City Attorney may seek collection through any legal means provided to them, including judicial action.
D. 
Judicial Action. The failure of any person to pay the fines, penalties and costs imposed by an administrative citation within the time specified on the citation may result in the filing of a claim with the small claims court or the Superior Court for recovery of the fine. The only issue to be adjudicated by the Court is whether or not the fines were paid. A person cited may only obtain judicial review of the validity of the administrative citation by writ of mandate after exhausting their administrative remedies by requesting and participating in a preliminary hearing and a hearing before a hearing officer. In the Court action, the City may also recover its collection costs, including costs relating to the hearing before the hearing officer, and any court fees, according to proof.
(Ord. 554 § 3, 2019)
A. 
To the extent permitted by law, the City may establish a lien in the amount of the fee, cost, or charge confirmed by the City in accordance with Section 1.12.030 against the real property where the violation occurred, unless the City has established an assessment for those same fees, costs, or charges pursuant to Section 1.12.050. If the real property where the violation occurred is not occupied by the owner, the lien amount may also include accrued fines and penalties.
B. 
Notice of Lien Prior to Recording. Prior to recording a lien, notice must be served on the owner of record based on the last equalized assessment roll or the supplemental roll, whichever is more current, in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record cannot be found after a diligent search, the notice may be served by posting copy of the notice in a conspicuous place on the property for a period of 10 days and publishing the notice in a newspaper of general circulation published in San Diego County pursuant to Government Code Section 6062.
C. 
Content of Notice. The notice of lien for recordation must be in a form substantially as follows:
NOTICE OF LIEN
(Claim of City of Santee)
Pursuant to the authority vested by the provisions of Section 1.10.140 of the City of Santee Municipal Code, the Director of Planning and Building of the City of Santee, the Fire Chief, or an authorized representative of either of the above did, on or about the _____ day of __________, 20__, cause the premises hereinafter described, to be rehabilitated, or the building or structure of the property hereafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the Director of Planning and Building, the Fire Chief, or the authorized representative of either of the above or the City Council, did on the _____ day of __________, 20_____, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described and that said City of Santee does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $__________ and the same is a lien upon said real property until the same has been paid in full and discharged of record.
The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Santee, County of San Diego, State of California, and particularly described as follows:
(Description)
Assessor's Parcel No. __________
Street Address: __________ Name of owner of record: __________
DATED: This __________ day of __________, 20__________.
____________________________________
City Clerk of the City of Santee, California
(ACKNOWLEDGMENT)
(Ord. 554 § 3, 2019; Ord. 612 § 2, 2023)
A. 
To the extent permitted by law, the City may establish an assessment in the amount of the fee, cost, or charge confirmed by the City in accordance with Section 1.12.030 against the real property where the violation occurred, unless the City has established a lien for those same fees, costs, or charges pursuant to Section 1.12.040. If the real property where the violation occurred is not occupied by the owner, the assessment amount may also include accrued fines and penalties.
B. 
Notice of Assessment. Prior to establishing an assessment, notice must be served on the owner of record based on the last equalized assessment roll or the supplemental roll, whichever is more current, in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record cannot be found after a diligent search, the notice may be served by posting copy of the notice in a conspicuous place on the property for a period of 10 days and publishing the notice in a newspaper of general circulation published in San Diego County pursuant to Government Code Section 6062.
1. 
The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and is 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 are applicable to the special assessment.
2. 
If the identity of the owner of the real property can be determined, the City must send notice of the special assessment to the owner by certified mail at the time of imposing the assessment. Such notice will specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale is not affected by the failure of the property owner to receive notice. Assessment of administrative fines as provided hereunder does not preclude assessment of other costs of abatement of any nuisance against the same property at a later date.
3. 
If any real property against which the special assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.
4. 
A sale of vacant residential developed property for which the payment of a special assessment imposed pursuant to this chapter is delinquent may be conducted, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code.
5. 
Notices or instruments relating to the special assessment are entitled to recordation.
(Ord. 554 § 3, 2019)
For weed and rubbish abatement procedures, the provisions of Government Code Sections 39580 through 39585, inclusive, are incorporated into this chapter by reference; provided, however, that the authority for this chapter is Government Code Section 39502, and provided, further, that the City does not adopt the alternative provisions established by Government Code Section 39560 et seq., except as expressly provided herein.
A. 
After confirmation of costs in accordance with Section 1.12.030 and recordation of a notice of lien, a copy must be filed with the assessor and tax collector of San Diego County, acting for the City in order that the County officials may add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels or land, and thereafter said amounts will be collected at the same time and in the same manner as ordinary municipal taxes are collected and be subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes;
B. 
After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law; or
C. 
Such notice of lien for recordation must be in form substantially as provided in Section 1.12.040.
(Ord. 554 § 3, 2019)
A. 
Application. This section is intended to implement the provisions of Sections 38772, 38773.2, and 38773.6 of the California Government Code making the costs of abatement of a nuisance caused by graffiti of personal or real property a lien or special assessment on the real property of a minor or other person causing the graffiti or the parent or guardian of the minor.
B. 
Definitions. For purposes of this section the terms "graffiti," "expense of abatement," "minor," and "responsible person" have the same meaning as specified in this code and in Government Code Sections 38772, 38773.2, and 38773.6.
C. 
Procedures. The procedures to assess or lien property under this section are those provided in this section and Section 1.12.030 relating to confirmation of costs, unless otherwise provided in Government Code Sections 38772, 38773.2, and 38773.6.
D. 
Notices. All notices required or allowed under this section must be provided to all record owners of the real property that will be subject to the special assessment or lien. A notice of lien or special assessment must notify the minor or other person causing the graffiti, or the parent or guardian of the minor that caused the graffiti, that if costs go unpaid under this section, the property owned by them will be subject to a lien or special assessment.
E. 
Form of Notice of Graffiti Abatement Lien. The Notice of Graffiti Abatement Lien must be in substantially the following form:
NOTICE OF GRAFFITI ABATEMENT LIEN
Pursuant to the authority vested in the City of Santee by the City of Santee Municipal Code Chapter _____and Government Code Sections 38772 and 53069.3, the City did on or about the __________ day of __________/ /__________, 20__________, cause the abatement of graffiti on public or private, real or personal property. __________/__________/__________is/are the record owner(s) of the premises described below ("Subject Property") and is the minor/person causing graffiti/parent or guardian of the minor who caused the graffiti. The City did, on the __________ day of __________, 20_____, confirm the costs of the graffiti abatement, and the costs have not been paid, and the said City of Santee claims a lien on the Subject Property in the amount of __________ Dollars ($__________) under Government Code Section 38773.2. The lien is on the property until the amount is paid, plus legal rate of interest to be accrued from the date of recording this lien, and any and all administrative costs to file and record the lien. The claimed lien having been imposed to collect for graffiti abatement costs has the priority of a judgment lien and attaches upon the recording of this Notice. The Subject Property upon which the lien is claimed is located at __________ in the City of Santee, County of San Diego, State of California, and is more particularly described as APN #_____ and:
[LEGAL DESCRIPTION OF PROPERTY]
The record owner(s) of the Subject Property is/are __________ who reside(s) at: __________
Dated: This __________ day of __________, 20__________.
F. 
Form of Graffiti Abatement Special Assessment. The form for a special assessment for graffiti abatement must be in substantially the following form:
NOTICE OF GRAFFITI ABATEMENT SPECIAL ASSESSMENT
Pursuant to the authority vested in the City of Santee by the City of Santee Municipal Code Chapter _____ and Government Code Sections 38772 and 53069.3, the City did on or about the __________ day of __________/ /__________, 20__________, cause the abatement of graffiti on public or private, real or personal property. __________/__________/__________is/are the record owner(s) of the premises described below ("Subject Property") and is the minor/person causing graffiti/parent or guardian of the minor who caused the graffiti. The City did, on the day of __________, 20__________, confirm the costs of the graffiti abatement, and the costs have not been paid, and the said City of Santee claims a lien on the Subject Property in the amount of __________ Dollars ($__________) under Government Code Section 38773.6, and the assessment has not been paid, and the City of Santee claims a lien on the Subject Property in the amount of __________ Dollars ($__________). The claimed amount having been assessed to collect for graffiti abatement costs has the priority of a tax lien and attaches upon the recording of this Notice. The assessment will be on the property until the amount is paid, plus legal rate of interest to be accrued from the date of recording this assessment, and any and all administrative costs to file and record the lien. The Subject Property may be sold after three years pursuant to Revenue and Tax Code § 3691 for unpaid delinquent assessments. The Subject Property upon which the lien is claimed is located at in the City of Santee, County of San Diego, State of California, and is more particularly described as APN #__________ and:
[LEGAL DESCRIPTION OF PROPERTY]
The record owner(s) of the Subject Property is/are __________ who reside(s) at __________.
Dated: This __________ day of __________/__________/__________, 20__________.
(Ord. 554 § 3, 2019)
In the event a special assessment or lien is discharged, released, or satisfied, through payment, foreclosure or forgiveness, notice of the discharge containing the information specified below must be recorded by the City or be provided by the City to the responsible party to be recorded. The notice of discharge must specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.
(Ord. 554 § 3, 2019)
If the violation is corrected within a reasonable time after the date of the administrative citation or the decision of the City Manager or the hearing officer, as applicable, the City Manager has the discretion to reduce any cumulative fines on good cause shown by the responsible person. The determination of the City Manager is final and not subject to appeal or judicial review. Fines must not otherwise be reduced.
(Ord. 554 § 3, 2019)
Any responsible person who fails to pay a fine imposed by this chapter on or before the date that payment is due, may be liable for the payment of a late payment charge of 25% of the fine. In addition, delinquent fines accrue interest at the rate of five percent per year, accruing and payable monthly, excluding penalties, from the due date.
(Ord. 554 § 3, 2019)