All conditions or uses that constitute a public nuisance as
defined in Part 1 of this chapter, or that are contrary to, or in
violation of, any other provision or requirement of the Downey Municipal
Code, or of any applicable County or State law, or regulation thereof,
which shall also constitute a public nuisance, shall be abated by
repair, rehabilitation, demolition, removal or termination. The procedures
for abatement in this part shall not be exclusive and shall not, in
any manner, limit or restrict the City from pursuing any other remedies
available at law, whether civil, equitable or criminal, or from enforcing
City codes and adopted ordinances, or from abating or causing abatement
of public nuisances, in any other manner provided by law.
(Added by Ord. 1238, adopted 10-28-08)
A. Responsible
persons shall not allow, cause, create, permit, suffer or maintain
a public nuisance to exist on their premises. If public nuisances
do arise or occur, responsible persons shall promptly abate them by
repair, rehabilitation, demolition, repair, removal or termination
with all required City approvals, permits and inspections, when applicable.
B. The
City may exercise its administrative, civil/injunctive and criminal
remedies, or any one or combination of these remedies, to compel responsible
persons to abate a public nuisance when, in its judgment, such persons
have not completed nuisance abatement actions in a timely or proper
manner, or when responsible persons have failed to prevent an occurrence
or recurrence of a public nuisance.
(Added by Ord. 1238, adopted 10-28-08)
A. Whenever
a code enforcement officer or other public official determines that
City employees, representatives or contract agents (hereafter "City
personnel") may need to abate a public nuisance, he or she shall serve
a written "Notice of Public Nuisance and Intention to Abate with City
Personnel" (hereafter in this section and in subsequent sections of
this chapter, the "Notice of Abatement") on the responsible person(s)
that contains the following provisions:
1. The
address of the real property on which the nuisance condition(s) exist(s);
2. A
description of the nuisance condition(s);
3. A
reference to the law describing or prohibiting the nuisance condition(s);
4. A
brief description of the required corrective action(s); and
5. A
compliance period in which to complete the nuisance abatement actions
(with all required City approvals, permits and inspections, when applicable);
6. The
period and manner in which a responsible person may contest the Notice
of Abatement as set forth in Section 5909 of this chapter. No such
right shall exist when the City is not seeking to establish the right
to abate a public nuisance with City forces or contract agents;
7. A
statement that the City may record a Notice of Substandard Property
with the Los Angeles County Recorder's Office against the premises
if the public nuisance is not fully abated or corrected (with all
required approvals, permits and inspections), as determined by the
City, within a 30 day period after service of the Notice of Abatement
and provided that a timely appeal therefrom has not been made.
B. The procedure in subsection
A of this section shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in Section 5916 ("Emergency Action to Abate an Imminent Hazard") shall be followed.
C. The
City's election to issue a Notice of Abatement pursuant to this section
shall not excuse responsible persons from their continuing obligation
to abate a public nuisance in accordance with all applicable laws,
regulations and legal requirements. Furthermore, the issuance of a
Notice of Abatement shall not obligate the City to abate a public
nuisance.
(Added by Ord. 1238, adopted 10-28-08)
A. The
City shall provide responsible persons with a reasonable period to
elect between options of repair, rehabilitation, or demolition, as
well as a reasonable period of time to complete any of these options,
before City personnel abate a public nuisance by demolishing a building
or structure pursuant to Part 2 of this chapter.
B. The
City shall serve a Notice of Abatement on all secured lienholders
of record with the Los Angeles County Recorder's Office in the event
abatement actions include demolition of a building or structure.
C. Notwithstanding
the provisions of Section 5911(A) of this chapter, entry onto any
real property to abate a public nuisance by demolition of a building
or structure, excepting in cases involving an imminent hazard, shall
be pursuant to a warrant issued by a court of competent jurisdiction.
D. The
provisions of Section 5907 of this Code shall not apply if demolition
is required to address an imminent hazard. In such situation, the
provisions of Section 5916 ("Emergency Action to Abate an Imminent
Hazard") shall apply.
(Added by Ord. 1238, adopted 10-28-08)
A. Except
as otherwise expressly required by a provision of this chapter, any
notice required by this chapter may be served by personal delivery
to any responsible person or by both certified mail, return receipt
requested and first class mail. The date of service shall be the date
it is personally delivered or placed in a U.S. Postal Service receptacle.
Failure of any responsible person to receive a properly addressed
Notice of Abatement by mail shall not invalidate any action or proceeding
pursuant to this chapter.
B. Except
as otherwise expressly required by a provision of this chapter, any
notice issued to an owner of real property shall be sent to the mailing
address on the last equalized assessment roll of the Los Angeles County
Assessor's Office Failure of any owner to receive a properly addressed
notice by mail shall not invalidate any action or proceeding pursuant
to this chapter.
(Added by Ord. 1238, adopted 10-28-08)
A. A responsible
person may contest a Notice of Abatement by filing a written request
for an appeal with the City Clerk's office (located at 11111 Brookshire
Avenue, Downey) within 20 calendar days of service of the Notice of
Abatement. No fee shall be due for the filing of an appeal.
B. A written
request for an appeal shall contain the following information:
1. Name,
address, and telephone number of each responsible party who is appealing
the Notice of Abatement (hereinafter, "appellant");
2. Address
and description of real property upon which the City intends to enter
and abate a public nuisance;
3. Date
of Notice of Abatement being appealed;
4. Specific
action or decision being appealed;
5. Grounds
for appeal in sufficient detail to enable the Hearing Officer to understand
the nature of the controversy;
6. The
signature of at least one appellant.
C. Failure
of the City Clerk to receive a timely appeal constitutes a waiver
of the right to contest a Notice of Abatement. In this event, the
Notice of Abatement is final and binding.
D. The
provisions of this section only apply to instances where the City
has elected to establish the right, but not the obligation, to abate
public nuisances with City Personnel. In no event does this chapter
limit the right of City officials to issue alternative written or
oral notices of code violations to responsible persons or to cause
the abatement of public nuisances in a different manner, including
without limitation, by court orders arising from the City's exercise
of its criminal or civil remedies. In such instances, a responsible
person shall receive a right to hearing and other due process rights
through the court process.
(Added by Ord. 1238, adopted 10-28-08)
A. The
Notice of Abatement shall be written in a form that is substantially
consistent with the following:
Notice of Public Nuisance(s) and Intention to Abate with
City Personnel
|
("Notice of Abatement")
|
[Date]
|
____________________ [Responsible Person(s)]
|
____________________ [Mailing Address]
|
____________________ [City, State and Zip Code]
|
Re: Real Property at________,________, CA
|
L.A. County A.P.N.:____________________
|
Legal description [Optional]:__________________
|
Notice is hereby given that the following
public nuisance conditions or activities exist on the premises described
above:
|
(1)
|
[Describe condition or activities]:________in violation of Downey
Municipal Code [as well as County and State laws, if
applicable] Section(s)________.
|
(a)
|
Required Corrective Action(s):__________(with
all required permits, approvals and inspections).
|
(b)
|
Required Completion Date: ___________[Repeat (1 a-b) for each additional public nuisance to be
included in this notice]
|
The foregoing public nuisance conditions are subject to abatement
by repair, rehabilitation, demolition, removal or termination.
|
Please Take Further Notice that you may appeal
this Notice of Abatement by filing an appeal on a City approved form
with the City Clerk's office (located at 11111 Brookshire Avenue,
Downey) within 20 calendar days of service of this notice. No fee
shall be due for the filing of an appeal. Failure of the City Clerk
to receive a timely appeal constitutes a waiver of your right to any
further administrative appeal and renders the Notice of Abatement
final and binding. A written request for an appeal shall contain the
following information:
|
1.
|
Name, address, and telephone number of each responsible party
who is appealing the Notice of Abatement (hereinafter, "appellant"),
as well as relationship of appellant to the public nuisance described
in the Notice of Abatement.
|
2.
|
Address and description of real property upon which the City
intends to enter and abate a public nuisance.
|
3.
|
Date of Notice of Abatement being appealed.
|
4.
|
Specific action or decision being appealed.
|
5.
|
Grounds for appeal in sufficient detail to enable the Hearing
Officer to understand the nature of the controversy.
|
6.
|
The signature of at least one appellant.
|
Following appeal, in the case of a final decision by the City,
judicial review of this decision is subject to the provisions and
time limits set forth in California Code of Civil Procedure sections
1094.6 et seq.
|
Please Take Further Notice that, if the public
nuisance violations are not abated within the time specified and a
timely appeal is not made, such nuisance may be abated by City employees,
representatives or contract agents (hereafter "City Personnel"), in
the manner stated in this Notice of Abatement. On such occasions,
all costs of the abatement, including, but not limited to, those stated
in Article V, Chapter 9 of the Downey Municipal Code, shall be assessed
against the responsible person(s) and/or the subject property, as
a lien, or as a special assessment, or as otherwise allowed by law.
|
Please Take Further Notice that the City may record
a Notice of Substandard Property with the Los Angeles County Recorder's
Office against the premises if the public nuisance is not fully abated
or corrected (with all required approvals, permits and inspections),
as determined by the City, in the manner and time set forth in this
Notice of Abatement and provided that a timely appeal therefrom has
not been made.
|
Please Take Further Notice that, in the event of
abatement by City Personnel, all buildings, structures, and/or personal
property constituting a public nuisance may be removed from the subject
premises or from public property and destroyed or disposed of, without
regard to its actual or salvage value.
|
Dated: This _______ day of ______, 20___.
|
_________________________________
Public Official [Name and Title]
|
[End of Form]
……….
|
A Notice of Abatement shall be deemed in substantial compliance
with this subsection regardless of form if all substantive information
is contained in such Notice of Abatement.
|
(Added by Ord. 1238, adopted 10-28-08)
A. If a
timely appeal is not received by the City Clerk, the right to appeal
is waived and the Notice of Abatement is final and binding. In such
instances, the City may, without any administrative hearing, cause
the abatement with City personnel of any or all of the nuisance conditions
or activities stated in the Notice of Abatement. Entry onto private
real property that is both improved and occupied shall, excepting
instances of an imminent hazard, be pursuant to a warrant from a court
of competent jurisdiction. The City shall follow the procedures stated
in this chapter for recovery of all abatement costs, fees and expenses
(incidental or otherwise).
B. Nothing
contained in this chapter shall obligate the City to undertake abatement
actions pursuant to a Notice of Abatement, whether or not there is
a timely appeal.
(Added by Ord. 1238, adopted 10-28-08)
A. Any
responsible person shall have the right to abate a nuisance in accordance
with the Notice of Abatement at his or her own expense, provided all
corrective actions are completed with all required City permits, approvals
and inspections, prior to the date the matter is set for a hearing.
B. A hearing
shall be cancelled if all nuisance conditions or activities are, as
determined by the City, fully and lawfully abated prior thereto.
(Added by Ord. 1238, adopted 10-28-08)
A. Any
responsible person who contests a Notice of Abatement shall, subject
to filing a timely appeal, obtain review thereof before a Hearing
Officer. The administrative appeal shall be scheduled no later than
60 calendar days, and no sooner than 10 calendar days, after receipt
of a timely filed request for appeal. The appellants listed on the
written request for an appeal shall be notified in writing of the
date, time, and location of the hearing at least 10 calendar days
prior to the date of the hearing.
B. Any
request by an appellant to continue a hearing must be submitted to
the City Clerk in writing no later than two business days before the
date scheduled for the hearing. The Hearing Officer may continue a
hearing for good cause or on his/her own motion; however, in no event
may the hearing be continued for more than 30 calendar days without
stipulation by all parties.
C. At the
place and time set forth in the notification of appeal hearing, the
Hearing Officer shall hear and consider the testimony of the appealing
person(s), the issuing officer, and/or their witnesses, as well as
any documentary evidence presented by these persons concerning the
alleged public nuisance(s).
D. Appeal
hearings are informal, and formal rules of evidence and discovery
do not apply. The City bears the burden of proof to establish a nuisance
exists by a preponderance of evidence. The issuance of a Notice of
Abatement shall constitute prima facie evidence of the violation and
the Code Enforcement Officer who issued the Notice of Abatement is
not required to participate in the appeal hearing. The appellant,
and the Enforcement Officer issuing the Notice, as well as all other
responsible persons, shall have the opportunity to present evidence
and to present and cross-examine witnesses. The appellant and the
Enforcement Officer issuing the Notice of Abatement, or other responsible
persons, may represent himself/herself/themselves or be represented
by anyone of his/her/their choice. The appellant, or other interested
persons, may bring an interpreter to the hearing at his/her/their
sole expense. The City may, at its discretion, record the hearing
by stenographer or court reporter, audio recording, or video recording.
E. If the
appellant fails, or other responsible persons fail, to appear, or
to otherwise submit any admissible evidence demonstrating the non-existence
of the alleged nuisance(s), the Hearing Officer shall cancel the hearing
and send a notice thereof to the responsible person(s) by first class
mail to the address(es) stated on the appeal form. A cancellation
of a hearing due to non-appearance of the appellant shall constitute
the appellant's waiver of the right to appeal. In such instances,
the Notice of Abatement is final and binding.
(Added by Ord. 1238, adopted 10-28-08)
A. Not
later than 15 calendar days following conclusion of the hearing, the
Hearing Officer shall determine if any nuisance condition exists at
the subject property. If the Hearing Officer determines that each
nuisance condition described in the Notice of Abatement is non-existent,
the Notice of Abatement shall be deemed cancelled. If the Hearing
Officer determines that one or more of the nuisance conditions described
in the Notice of Abatement exists, he/she shall issue a written Order
of Abatement which shall contain the following:
1. A
finding and description of each nuisance condition existing at the
subject property;
2. The
name of each person responsible for a nuisance condition or conditions
at the subject property, as well as the name of any person who is
not responsible therefor;
3. The
required corrective action and a compliance period for each unabated
nuisance condition;
4. Any
other finding, determination or requirement that is relevant or related
to the subject matter of the appeal.
B. The
decision of the Hearing Officer is final and conclusive. The decision
shall also contain the following statement: "The decision of the Hearing
Officer is final and binding. Judicial review of this decision is
subject to the provisions and time limits set forth in California
Code of Civil Procedure Sections 1094.6 et seq."
C. A copy
of the decision shall be served by first class mail on each responsible
person to whom the Notice of Abatement was issued. If the owner is
not an appellant, a copy of the Order of Abatement shall also be served
on the owner by first class mail to the address shown on the last
equalized assessment roll. Failure of a person to receive a properly
addressed decision shall not invalidate any action or proceeding by
the City pursuant to this chapter.
D. The
failure of any responsible person to comply with an Order of Abatement
by completing each of the requisite corrective actions in the manner
and time set forth in the Order of Abatement constitutes a misdemeanor
offense.
(Added by Ord. 1238, adopted 10-28-08)
A. Any
responsible person shall have the right to fully abate a nuisance
in accordance with the Hearing Officer's decision prior to the date
of entry of City personnel upon the subject real property, provided
that all corrective actions are completed with all required City permits,
approvals and inspections, prior to said entry date. In such instances,
all administrative proceedings shall be cancelled, with the exception
of the City's right to seek recovery of its incurred incidental expenses,
Code enforcement fees, and attorney's fees as provided by and pursuant
to the provisions of this chapter.
B. Once
the City enters a subject real property to abate a public nuisance,
it shall have the right to complete this action.
C. It is
unlawful and a misdemeanor for any person to obstruct, impede, or
interfere with City Personnel in the performance of any act that is
carried out to abate a public nuisance.
D. All
buildings, structures, and/or personal property that is removed by
City Personnel from premises in the abatement of a nuisance shall
be lawfully disposed of or destroyed without regard to its actual
or salvage value.
(Added by Ord. 1238, adopted 10-28-08)
A. Notwithstanding
any provision of the Downey Municipal Code to the contrary, the Police
Chief, the Fire Chief, or the Building Official, or any of their designees,
may cause a public nuisance to be summarily abated if it is determined
that the nuisance creates an imminent hazard to a person or persons,
or to other real or personal property.
B. Prior
to abating nuisance that creates an imminent hazard, the City Manager
shall attempt to notify a responsible person by telephone or in writing
of the imminent hazard and request its abatement by said person; provided
however, that the City Manager may dispense with any attempt at prior
notification of a responsible person if, in the sole discretion of
the City Manager, the nature or severity of the hazard justifies such
inaction. If notice has been so given, but, in the sole discretion
of the City Manager, the responsible person(s) fail(s) to take immediate
and meaningful steps to abate the imminent hazard, the City may abate
the nuisance with City personnel without further notice, and charge
the costs and fees thereof to the responsible person(s).
C. Within
10 business days following emergency action of City personnel to abate
an imminent hazard, the City shall serve any responsible person with
a Notice of Emergency Abatement by City Personnel of an Imminent Hazard
by both certified mail, return receipt requested and first class mail.
Notice to a property owner shall be mailed to the mailing address
set forth in the last equalized assessment roll of the Los Angeles
County Assessor's Office. Failure of any responsible person to receive
a properly addressed Notice of Emergency Abatement by City Personnel
of an Imminent Hazard by mail shall not invalidate any action or proceeding
pursuant to this chapter.
D. A Notice
of Emergency Abatement by City Personnel of an Imminent Hazard shall
contain the following provisions:
1. The
name of all known responsible persons who are being served with the
Notice of Emergency Abatement by City Personnel of an Imminent Hazard
and the address of the real property on which the imminent hazard
was present;
2. A
brief description of the condition(s) and reasons why it constitutes
an imminent hazard;
3. A
brief description of the law prohibiting or pertaining to the imminent
hazard;
4. A
brief description of the actions City personnel took to abate the
imminent hazard.
E. Omission
of any of the foregoing provisions in a Notice of Emergency Abatement
by City Personnel of an Imminent Hazard, whether in whole or in part,
or the failure of a responsible person to receive this document, shall
not render it defective or render any proceeding or action pursuant
to this chapter invalid.
F. Emergency
abatement of an imminent hazard by City personnel shall not preclude
the City from recording a Notice of Substandard Property in accordance
with the provisions of Section 5922 of this chapter, if conditions
thereafter remain at the premises that constitute a violation of law
or a public nuisance.
G. The
City shall be entitled to recover its fees and costs (incidental or
otherwise) for the abatement of an imminent hazard. In such instances,
the City shall follow the procedures set forth in this chapter.
(Added by Ord. 1238, adopted 10-28-08)
The notices that are authorized by this chapter may be combined
in the discretion of the City.
(Added by Ord. 1238, adopted 10-28-08)
A. The
City shall keep an accounting of the abatement costs.
B. The
City shall serve a Statement of Abatement Costs on the responsible
persons within 90 calendar days of the City's completion of nuisance
abatement actions. Service of this statement may be made in the manner
provided for in Section 5908 of this chapter.
C. Unless
a timely contest of the Statement of Abatement Costs is filed, a responsible
person shall tender the abatement costs in U.S. currency to the City
within 30 calendar days of the date of service of the Statement of
Abatement Costs.
D. A responsible
person has the right to contest a Statement of Abatement Costs by
filing a written request for contest with the City Clerk's Office
(located at 11111 Brookshire Avenue, Downey) within 20 calendar days
of service of the Statement of Abatement Costs.
1. A
written request for contest shall contain the following information:
(a) Name, address, telephone number, and signature of each responsible
person who is contesting the Statement of Abatement Costs;
(b) Address and description of the real property upon which the City
abated a public nuisance;
(c) Date of the Statement of Abatement Costs being appealed;
(d) Description of the specific abatement cost being contested, and a
statement of the grounds for contest in sufficient detail to enable
the City Council to understand the nature of the controversy.
2. No
fee shall be due for the filing of a request for contest.
E. Failure
of the City Clerk to receive a timely appeal request for contest constitutes
a waiver of the right to contest a Statement of Abatement Costs. In
this event, the Statement of Abatement Costs is final and binding,
and the City may proceed to collect its abatement costs as contained
in a final Statement of Abatement Costs in any manner allowed by law.
F. If a
timely request for contest is received by the City Clerk, a hearing
shall be set before the City Council no later than 60 calendar days,
and no sooner than 10 calendar days, of receipt of the request for
contest. A notice of the date, time and location of the hearing shall
be served on all responsible persons who contested the Statement of
Abatement Costs by first class mail to the address(es) stated on the
request form at least 10 calendar days prior to the hearing. Failure
of a person requesting a contest to receive a properly addressed notice
shall not invalidate any action or proceeding by the City pursuant
to this chapter.
G. Any
request by an appellant to continue a hearing must be submitted to
the City Clerk in writing no later than five business days before
the date scheduled for the hearing. The City Council may continue
a hearing for good cause or on its own motion; however, in no event
may the hearing be continued for more 60 calendar days without stipulation
by all parties.
H. At the
time and place fixed for receiving and considering the request to
contest the Statement of Abatement Costs, the City Council shall hear
and pass upon the evidence submitted by City personnel, together with
any objections or protests raised by responsible persons liable for
said costs. Testimony and evidence shall be limited to issues related
to the abatement costs, and no person shall be permitted to present
evidence or testimony challenging the existence of a public nuisance
or manner of abatement as described in the Notice of Abatement. Thereupon,
the City Council may make such revision, correction or modification
to the statement as it may deem just, after which the statement, as
it is submitted, or as revised, corrected or modified, shall be confirmed.
The hearing may be continued from time to time.
I. The
decision of the City Council is final.
J. The
City Clerk shall cause a confirmed Statement of Abatement Costs to
be served upon all persons who contested the original statement by
first class mail to the address(es) stated on the request form. The
City Clerk shall cause a confirmed Statement of Abatement Costs to
be served on the owner of the property on which City personnel abated
a public nuisance by first class mail to the address shown on the
last equalized assessment roll (irrespective of whether the owner
contested the Statement of Abatement Costs). This document shall also
contain the following statement: "The determination of the City Council
is final and binding." This document shall also contain the following
statement: "The decision of the City Council is final and binding.
Judicial review of the this decision is subject to the provisions
and time limits set forth in California
Code of Civil Procedure Sections
1094.6 et seq."
K. Failure
of a person to receive a properly addressed confirmed statement shall
not invalidate any action or proceeding by the City pursuant to this
chapter.
L. A responsible
person shall tender the abatement costs in U.S. currency to the City
within 30 calendar days of the date of service of the confirmed Statement
of Abatement Costs. The City may thereafter proceed to collect its
abatement costs as contained in the confirmed Statement of Abatement
Costs in any manner allowed by law.
(Added by Ord. 1238, adopted 10-28-08)
A. The
City may cause a special assessment to be made upon real property
upon which a public nuisance was abated pursuant to California Government
Code, Section 38773.5, and future amendments thereto, in the event
a Statement of Abatement Costs or a confirmed Statement of Abatement
Costs is not paid in a timely manner.
B. A Notice
of Special Assessment shall be sent to the owner(s) of the subject
real property by certified mail at the time the assessment is the
imposed which shall contain the following recitals:
The property may be sold after three years by the tax collector
for unpaid delinquent assessments. The tax collector's power of sale
shall not be affected by the failure of the property owner to receive
notice. The assessment may be collected at the same time and in the
same manner as ordinary municipal taxes are collected, and shall be
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
shall be applicable to the special assessment. However, if any real
property to which the cost of abatement 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 shall not result in
a lien against the real property but instead shall be transferred
to the unsecured roll for collection.
C. The
City Attorney or City Prosecutor shall establish the Notice of Special
Assessment form for use, or consideration by, the Tax Collector in
collecting a special assessment.
D. The
Notice of Special Assessment shall be entitled to recordation with
the Los Angles County Recorder's Office.
E. The
amount of a special assessment shall also constitute a personal obligation
of the property owners of land upon which the nuisance was abated.
(Added by Ord. 1238, adopted 10-28-08)
A. As an
alternative to the procedure contained in Section 5919 of this chapter,
the City may cause a nuisance abatement lien to be recorded upon real
property upon which a public nuisance was abated pursuant to California
Government Code Section 38773.1, and future amendments thereto, in
the event a Statement of Abatement Costs or a confirmed Statement
of Abatement Costs is not paid in a timely manner.
B. A lien
shall not be recorded prior to serving the owner of record of the
parcel of land on which the public nuisance is maintained, with a
notice. This document shall be served in the same manner as a 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, after diligent search cannot be found, the
notice may be served by posting a copy thereof in a conspicuous place
upon the property for a period of 10 days and publication thereof
in a newspaper of general circulation published in Los Angeles County
pursuant to Section 6062 of the California
Government Code.
C. The
nuisance abatement lien shall be recorded in the Los Angeles County
Recorder's Office in the County in which the parcel of land is located
and from the date of recording shall have the force, effect, and priority
of a judgment lien.
D. A nuisance
abatement lien authorized by this section shall specify the amount
of the lien for the City of Downey, the name of the City department
on whose behalf the lien is imposed, the date of the abatement actions,
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 recorded owner of the parcel.
E. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection
(D) shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
F. A nuisance
abatement lien may be foreclosed by an action brought by the City
for a money judgment.
G. The
City may recover from the property owner any costs incurred regarding
the processing and recording of the lien and providing notice to the
property owner as part of its foreclosure action to enforce the lien.
H. The
amount of a nuisance abatement lien shall also constitute a personal
obligation of the property owners of land upon which the nuisance
was abated.
(Added by Ord. 1238, adopted 10-28-08)
Pursuant to California
Government Code Section 38773.7 (or any
subsequent amendment thereto), 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 public nuisance except for
public nuisance conditions abated pursuant to California Health and
Safety Code Section 17980 ("State Housing Law"), the court may order
that person to pay treble the costs of the abatement.
(Added by Ord. 1238, adopted 10-28-08)