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)
The City may collect costs under the procedures provided for liens or special assessments in Sections 1.12.040 and 1.12.050 after such costs are confirmed under the procedures and requirements found in Sections 1.10.150 through 1.10.160.
(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
(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)
