a.
Costs.
When proceedings under this Code result in the correction of a violation
of this Code or in a final judgment that a violation exists subsequent
to the date specified in any notice issued pursuant to the provisions
of Sacramento County Code, all costs of such proceedings and abatement
incurred by the County may be assessed against the property. Such
costs may include, but not by way of limitation, those incurred in
inspecting property, publication, mailing and posting of notices,
conducting hearings, processing and defending challenges to decisions
or actions 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.
Attorneys'
Fees. Pursuant to Government Code Section 25845, attorneys' fees may
be recovered by the prevailing party. However, in no action, administrative
proceeding, or special proceeding shall an award of attorneys' fees
to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the County in the action or proceeding.
c.
Accounting
of Enforcement Costs. The Director shall keep an account of unpaid
administrative and other costs of enforcement proceedings, and shall
submit to the Clerk of the Board of Supervisors an itemized written
report showing such unpaid costs and their proposed assessment to
the respective properties. The report shall be filed with the Clerk
of the Board of Supervisors not later than 15 calendar days in advance
of the confirmation hearing required below.
d.
Clerk
to Schedule Public Hearing to Confirm Report of Costs. Upon receipt
of the report of costs, the Clerk of the Board of Supervisors shall
schedule a public hearing before a County Hearing Officer appointed
pursuant to Government Code Section 27720 to receive protests and
confirm the report.
e.
Notice
of Public Hearing to Confirm Report of Costs. Notice of the time,
date and place of the hearing proposed assessment, together with reference
to the report on file with the Clerk, shall be given to the: (1) owner
or owners as shown on the last equalized assessment roll available
on the date of mailing of the notice; (2) each party in interest of
each parcel of property proposed to be assessed; and to (3) any party
known to be in possession of the property proposed to be assessed.
f.
Time
for Giving Notice. Such notice shall be served not later than 15 calendar
days in advance of the hearing.
g.
Service
of Notice.
1.
Owner.
Notice to the owner or owners of each property proposed to be assessed
shall be served by certified mail, postage prepaid, addressed to the
owner at the address shown on the last equalized assessment roll,
or any other address or addresses ascertained to be more accurate.
If no address or owner is shown on the last equalized assessment roll,
then notice shall be given by publication in a paper of general circulation
within the County. Notice shall also be posted on the property. The
notice published in a newspaper of general circulation shall show
the name or names of the owner or owners if known, the assessor's
parcel number, the street address of the property, if the property
has an address and the address is known to the Director, 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 of costs on file with the Clerk. Such
publication shall be made not later than 15 calendar days in advance
of the hearing.
2.
Party
in Interest. Notice to each party in interest of each property proposed
to be assessed shall be served by certified mail, postage prepaid,
addressed to the party in interest at the address shown on the instrument
of record creating such interest in the property, or any other address
or addresses ascertained to be more accurate. If no address for such
party in interest is known, then notice shall be given by publication
in a paper of general circulation within the County. Such publication
shall be made not later than 15 calendar days in advance of the hearing.
3.
Public.
Notice of the time, date and place of the public hearing by the County
Hearing Officer shall be published once in a newspaper of general
circulation published within the County. Such publication shall be
made not later than 15 calendar days in advance of the hearing.
4.
Party
in Possession. Notice to anyone known to be in possession of the property
proposed to be assessed shall be served by certified mail, postage
prepaid, to the party known to be in possession at the property address
or any other address or addresses ascertained to be more accurate.
5.
Service
Effective. Service shall be complete and effective as of the date
of mailing or publication, as may be appropriate, as herein provided.
The failure of any person to receive such notice shall not affect
the validity of any proceedings taken pursuant to this section.
h.
Proof
of Service. Proof of service by mail shall be certified by written
declaration under penalty of perjury executed by the person effecting
service, declaring the time, 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 the
copy of the notice retained by the Director. Proof of posting a copy
of the notice shall be certified by written declaration under penalty
of perjury executed by the person effecting posting and declaring
the time, date and location posting was effected. Proof of service
by publication shall be certified by written declaration under penalty
of perjury executed by the person authorized to so by the newspaper
of general circulation declaring the date the notice was published
by a newspaper of general circulation within the County, and a copy
of the published notice shall be affixed to such declaration.
i.
Protests.
Protest or objection to all or part of the report of costs may be
in writing or may be given orally at the hearing for confirmation
of the report of costs. Written protests or objections to all or part
of the report of costs shall specify the hearing date, hour and description
of the subject property.
j.
Public
Hearing by County Hearing Officer—Confirmation of Costs. Upon
the day and hour fixed in the notice a County Hearing Officer shall
conduct a public hearing to consider and pass upon the report of costs,
together with any such protests or objections thereto. The County
Hearing Officer may continue the hearing from time to time. The County
Hearing Officer may make such revision, correction or modification
of the report or the charge as he or she may deem just and shall then
confirm the report by written notice to the Director.
1.
Personal
Obligation. If, after the hearing at which each owner shall have the
opportunity to address the issue, the County Hearing Officer orders
the charge to be a personal obligation of each owner of the property
involved, then he or she shall direct collection of the charge by
use of all appropriate legal remedies.
2.
Special
Assessment. If, after the hearing at which each owner shall have the
opportunity to address the issue, the County Hearing Officer orders
that the charge shall be assessed against the property, he or she
shall confirm the assessment, cause the same to be recorded on the
assessment roll, and thereafter said assessment shall constitute a
special assessment against and a lien on the property.
k.
Service
of Confirmed Report of Costs. Promptly following confirmation of the
report by the County Hearing Officer, the Director shall serve upon
the owner or owners, and all parties in interest, a copy of the confirmed
report of costs. The confirmed report of assessment shall include
the following items: (1) the amount of the confirmed costs and whether
such costs are assessed as a personal obligation or special assessment;
(2) demand that the same be paid in full to the County within 30 days
from the date of service; (3) a statement that failure to receive
payment within the time allotted shall result in the costs either
becoming a personal obligation of the owner or a special assessment
lien against the subject property; and (4) a statement identifying
the right to appeal to the Board the confirmed report of costs. Service
of the confirmed report of costs shall be effected in the same manner
as service of the notice of hearing as set forth above in this section,
except for the requirements of posting the property and publication
in a newspaper of general circulation unless the last equalized assessment
roll does not list the owner(s) or address(es) for the property to
be assessed.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995; SCC 1066 § 14,
1997; SCC 1146 § 33, 1999; SCC 1430 § 14, 2009)
a.
Costs
Liened if Not Paid within Thirty Days. If the costs as confirmed have
not been received by the County within 30 days of the date notice
thereof is effective, or an appeal to the Board is final, and costs
are ordered to be assessed against the property, the costs shall be
assessed against the parcel of land, as authorized by Section 25845
of the Government Code. A notice of abatement lien may be recorded
against the subject property and notice thereof shall be transmitted
to the Tax Collector. Collection of the special assessment shall be
in the same manner as ordinary County taxes, and shall be subject
to the same penalties and the same procedures and sale in case of
delinquency as provided for such taxes. All laws applicable to the
levy, collection, and enforcement of County taxes are applicable to
the special assessment.
b.
Transfer to Bona Fide Purchaser. If, subsequent to the service of the notice and order, and prior to notice being given to the tax collector for collection as set forth in subsection (a) of this section, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser for value, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States postal system or posted on the property, which ever is later.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995; SCC 1146 § 34,
1999; SCC 1430 § 15, 2009)
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 that may
be abated pursuant to Government Code Section 25845, a court may order
the owner to pay treble the costs of abatement.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
Where the charge to be made is the result of summary abatement pursuant to Section 16.22.402, the County Hearing Officer may determine whether or not the action to abate was proper, and may confirm the report of cost or not as it may deem proper. Such determination shall be final and conclusive.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995; SCC 1430 § 16,
2009)
a.
Manner
of Appeal. Any person entitled to service of a confirmed report of
costs may appeal the County Hearing Officer's decision to the Board
of Supervisors by filing at the office of the Clerk an appeal fee,
established by resolution of the Board, and a written appeal. The
appeal shall not be deemed filed until payment of the appeal fee is
received by the Clerk; provided, however, that the appeal fee required
may be waived on the basis of financial hardship.
b.
Form
of Appeal. The written appeal shall state:
1.
The
names of all appellants participating in the appeal;
2.
A
brief statement setting forth the legal interest of each of the appellants
in the property described in the confirmed report of costs;
3.
A
brief statement in ordinary and concise language of the material facts
claimed to support the contentions of the appellant(s);
4.
A
brief statement in ordinary and concise language of the relief sought
and the reasons why it is claimed the confirmed report of costs should
be reversed, modified or otherwise set aside;
5.
The
signature of each party named as an appellant and their official mailing
address(es);
6.
The
verification (by declaration under penalty of perjury) of at least
one appellant as to the truth of the matters stated in the appeal.
c.
Failure
to Notice Appeal. Failure any person to properly appeal pursuant to
this section shall constitute a waiver of his or her right therein.
d.
Processing
of Appeal. Upon receipt of any appeal and appeal fee filed pursuant
to this section, the Clerk shall immediately transmit a copy of the
written appeal to the Director. The Director shall thereafter provide
the Clerk a copy of the confirmed report of costs for the property
indicated in the appeal.
e.
Scheduling
and Noticing Appeal for Hearing. As soon as practicable after receiving
the copy of the written appeal transmitted by the Clerk, the following
shall occur:
1.
Date.
The Clerk shall fix a date, time, and place for the Board's hearing
of the appeal. Such date shall be within 15 days of the filing of
the appeal and payment of the appeal fee.
2.
Notice.
The Clerk shall give written notice of the time and place of the hearing
at least five days prior to the date of the hearing to each appellant
and the Director by causing a copy of such notice to be delivered
to the appellant personally or by mailing a copy thereof, certified
postage prepaid return receipt requested, addressed to each appellant
at his or her address shown on the appeal. Notice shall be effective
upon personal delivery or five days after mailing.
f.
Action
by Board. Following its consideration of the confirmed report of costs,
the written appeal, and any objections or arguments raised at the
public hearing, the Board may make such revision, correction or modification
of the report as it may deem just; the report as submitted or as revised,
corrected or modified shall thereafter be confirmed or rejected as
set forth in this article.
g.
Form
and Finality of Decision. The decision of the Board shall be in writing
and shall contain: (1) the amount of the confirmed costs and whether
such costs are assessed as a personal obligation or special assessment;
(2) a demand that the same be paid in full to the County within 30
days; (3) a statement that failure to receive payment within the time
allotted shall result in the costs either becoming a personal obligation
of the owner or a special assessment lien against the subject property;
and (4) a statement that judicial review is governed by California
Code of Civil Procedure Section 1094.6. A copy of the decision shall
be delivered to each appellant personally or sent to him or her by
certified mail, postage prepaid, return receipt requested. The decision
of the Board of Supervisors on the report and on all objections or
protests shall be final and conclusive when served as herein provided.
(SCC 1430 § 18, 2009)
The validity of any cost confirmation 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 service of confirmed
report of costs is effective.
(SCC 1430 § 20, 2009)
A certified copy of the assessment shall be filed with the County
Auditor/Controller on or before August 1st. 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 1430 § 21, 2009)
