a.
When
proceedings under this chapter result in the correction of a violation
of this chapter or in a final determination that a violation exists
subsequent to the date specified in any notice issued pursuant to
the provisions of this chapter, the costs of such proceedings incurred
by the County may be assessed against the property. Such costs may
include, but are not limited to, those incurred in inspecting property,
publication, mailing and posting of notices, conducting hearings,
processing appeals and pursuing any judicial action. It is the purpose
of this section to allow the assessment against property of costs
of proceedings if a violation is corrected in any manner.
b.
The
Administrator shall keep an account of the administrative and other
costs of abatement, and shall submit to the Board for confirmation
an itemized written report showing such costs and their proposed assessment
to the respective properties. The report shall be filed with the Clerk
of the Board not later than 15 calendar days in advance of the confirmation
hearing required below.
c.
Upon
receipt of the report, the Clerk of the Board shall schedule a public
hearing to receive protests and confirm the report. A statement of
the proposed assessment and notice of the time, date and place of
the hearing, together with reference to the report on file with the
Clerk, shall be mailed to the owner or owners of each parcel of property
proposed to be assessed shown on the last equalized assessment roll
available on the date of mailing of the notice or any other address
or addresses ascertained to be more accurate. Such notice shall be
mailed not later than 15 calendar days in advance of the hearing.
Notice of the time, date and place of the public hearing by the Board
shall be published once in a newspaper of general circulation published
with the County.
With respect to each property proposed to be assessed for which
the name or the owner or owners is not shown on the last equalized
assessment roll or no address for an owner is shown on the last equalized
assessment roll, the notice shall show the name or names of the owner
or owners, if such name or names are shown on the last equalized assessment
roll, the assessor's parcel number, the street address of the property,
if the property has an address and the address is known to the Administrator,
the name of the street or road upon which such property abuts, if
the property abuts upon a street or road, the amount of the proposed
assessment and reference to the report on file with the Clerk. Such
publication shall be made not later than 15 calendar days in advance
of the hearing.
d.
At
the time fixed for receiving and considering the report, the Board
shall conduct a public hearing and shall receive and consider any
objections from members of the general public or property owners liable
to be assessed for the abatement. Written protests or objections shall
specify the date, hour and description of the subject property under
hearing. The Board may continue the hearing and delegate to the Administrator
or his designee the responsibility of hearing individual protests
and submitting a recommendation with respect thereto; provided that
the Board provides an opportunity for individual consideration of
each project upon receipt of the recommendation by the Administrator.
The Board may modify the report if it is deemed necessary. The Board
shall then confirm the report by motion or resolution.
(SCC 1280 § 2, 2004)
a.
If the costs as confirmed are not paid within 30 days of the date of mailing of the notice or date of publication pursuant to Section 15.12.600 of this chapter, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code, and shall be transmitted to the Tax Collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.
b.
If subsequent to the mailing of the notice of violation and prior to transmittal of the notice of unpaid costs to the Tax Collector for collection as set forth in subsection (a) of this section, the property subject to the notice of violation is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice of violation was placed in the United States postal system or posted on the property.
(SCC 1280 § 2, 2004)
Pursuant to Government Code Section 25845.5, upon entry of a
second or subsequent civil or criminal judgment within a two year
period finding that an owner is responsible for a condition in violation
of this chapter that may be abated pursuant to Government Code Section
25845, a court may order the owner to pay treble the costs of abatement.
(SCC 1280 § 2, 2004)
Upon the day and hour fixed for the hearing, the Board shall
hear and pass upon the report of the Administrator together with any
such protests or objections. The Board may make such revision, correction
or modification of the report or the charge as it may deem just; and
in the event the Board is satisfied with correctness of the charge,
the report of the Administrator (as submitted or as revised, corrected
or modified) together with the charge, shall be confirmed or rejected.
The decision of the Board on the report and the charge and on all
objections or protests shall be final and conclusive.
(SCC 1280 § 2, 2004)
Where the charge to be made is the result of summary abatement pursuant to Section 15.12.550(d), the Board may determine whether or not the action to abate was proper, and may confirm the charge or not as it may deem proper.
(SCC 1280 § 2, 2004; SCC
1295 § 24, 2005)
The validity of any assessment made under the provisions of
this chapter shall not be contested in any action or proceeding unless
the same is commenced within 30 days after the assessment is ordered
to be placed upon the assessment roll as provided herein.
(SCC 1280 § 2, 2004)
A certified copy of the assessment shall be filed with the County
Auditor on or before August 1. The descriptions of the parcels reported
shall be those used for the same parcels on the map books of the County
Assessor for the current year.
(SCC 1280 § 2, 2004)
