The council finds that the recordation of code enforcement and nuisance abatement liens will assist in the collection of civil penalties, abatement costs, administrative costs and reinspection fees assessed by administrative citations, administrative hearings, judicial orders and other appropriate code enforcement actions. The council further finds that collection of civil penalties, costs and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the city's code enforcement system. The procedures established in this chapter shall be used to complement existing administrative or judicial remedies which may be pursued to address violations of the this code or applicable state codes.
(Ord. 586 § 8 (part), 1998)
A. 
Once a final administrative decision or judicial order establishes the amount of civil penalties, abatement costs, administrative fees and costs assessed against a responsible person for code violations, the enforcement official may record a code enforcement lien against any real property owned by the responsible person.
B. 
Before recordation, the enforcement official shall provide to the responsible person a written notice informing him or her that a code enforcement lien will be recorded unless the city receives full payment for the outstanding amount of civil penalties, costs and fees within the time period prescribed in the notice. Payment shall be due a minimum of ten calendar days from the date of the mailing. The enforcement officer shall serve this notice by any one of the methods of service set forth in Section 1.32.090 of this title.
C. 
If the enforcement official does not receive payment of the outstanding civil penalties and costs within the prescribed time period, the enforcement official may record the code enforcement lien.
D. 
The code enforcement lien shall include the name of the property owner and any affected financial institution, assessor's parcel number, the parcel's legal description, the total amount of civil penalties, costs and fees due, including a breakdown of penalty assessments and reimbursement for the city's administrative costs, and a copy of the administrative or judicial order which awarded the civil penalties, costs and fees.
E. 
A copy of the recorded code enforcement lien shall be served upon the responsible person by one of the methods of service set forth in Section 1.32.090 of this title.
F. 
The failure of any person with a financial interest in the property to actually receive the notice of the lien shall not affect the validity of the lien or any proceedings taken to collect the outstanding civil penalties.
(Ord. 586 § 8 (part), 1998)
The enforcement official may assess a nuisance abatement lien pursuant to Government Code Section 38773.1 by following the procedures set forth in this section and the requirements set forth below:
A. 
Prior notice shall be served upon the owner of the parcel abated by the city before recordation of the lien. Prior notice shall be served in the same manner as a summons in a civil action.
B. 
If the owner cannot be found after a diligent search, the notice can be posted on the property for a period of ten calendar days and the notice must be published in a general circulation newspaper.
C. 
A nuisance abatement lien shall be recorded in the Stanislaus County recorder's office and from the date of recording shall have the force, effect and priority of a judgement lien.
1. 
A nuisance abatement lien shall specify the amount of the lien, the name and address of the responsible city department, 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 recorded owner of the parcel.
2. 
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 (C)(1) of this section shall be recorded by the enforcement official.
D. 
A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgement.
E. 
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.
(Ord. 586 § 8 (part), 1998)