The failure of any person to pay a fine or penalty assessed by administrative citation within the time specified on the citation, or within the deadlines established by Section 23.20.210, constitutes a debt to the City. To enforce that debt, the City may file a civil action, lien the subject property as set forth below, or pursue any other legal remedy to collect such debt. A person who fails to pay any fine or other charge owed to the City under this chapter is liable in any action brought by the City for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys' fees. Such collection costs are in addition to any fines, interest, and late charges.
In addition to any other legal remedy, the City may place a lien on property owned by the citee in an amount equal to the sum of the fines delinquent for more than ninety (90) days, plus any penalties, interest, fees and costs, including fees and costs assessed against the citee by an administrative hearing officer. Imposition of a lien must stem from a citation for the condition or use of real property, or its improvements, that is owned by the citee.
(Ord. 04-8 § 2, 8/24/2004; Ord. 13-6 § 10 (Exh. I), 5/28/2013)
The Department Manager may initiate proceedings to record a lien by submitting a report to the City Manager stating the amounts due and owing and contact the City Clerk to fix a time, date, and place for the City Council to consider the report and any protests or objections to it. Notice of the hearing and the proposed lien will be delivered to the property owner of record of the parcel of land that was the subject of the administrative citation or citations, based on the last equalized assessment roll or the supplemental roll, whichever is more current, before recordation of the lien. The notice will be served in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. 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 ten (10) days, and publication thereof for ten (10) days in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062. The notice shall include an itemized summary of the proposed lien amount and a statement that the amount of the lien may be collected as a special assessment and that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments and that any special assessment for unpaid administrative citation fines, penalties, interest, fees, and costs 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.
At the hearing, the citee may contest the amount of the proposed lien, but the citee may not contest the validity of the citation or citations.
At the conclusion of the hearing, the City Council will adopt a resolution confirming, discharging, or modifying the lien amount.
(Ord. 04-8 § 2, 8/24/2004; Ord. 13-6 § 10 (Exh. I), 5/28/2013)
Within thirty (30) days following the City Council's adoption of a resolution imposing a lien, the Department Manager will file same as a judgment lien in the Los Angeles County Recorder's office.
The City's total costs described in this chapter may also be collected as a special assessment against the lot or parcel on which the nuisance existed that resulted in the issuance of the unpaid administrative citation(s). The City shall give notice of the special assessment at the time of imposing the assessment and shall specify that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments. The City shall give such notice to the property owner by certified mail, if the property owner's identity can be determined from the County Assessor's or County Recorder's records. After recordation of the lien, the Department Manager may present a copy of the lien, the notice of proposed recordation, and proof of service to the County Tax Collector to add the amount of the lien to the next regular property tax bills levied against the parcel for municipal purposes. This amount will be collected at the same time and in the same manner as ordinary property taxes are collected, and will be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. However, if any real property to which the costs described in this chapter relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, before the date on which the first installment of the taxes would become delinquent, then the costs described in this chapter will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.
The lien may also be foreclosed by judicial or other sale in the manner and means provided by law.
(Ord. 04-8 § 2, 8/24/2004; Ord. 13-6 § 10 (Exh. I), 5/28/2013)
Each citee against whose property an assessment is levied pursuant to this chapter will also be assessed an administrative fee in an amount established by City Council resolution based on the costs incurred in levying the assessment. The administrative fee will be included in the lien amount approved by the City Council and recorded against the citee's property.
(Ord. 04-8 § 2, 8/24/2004; Ord. 13-6 § 10 (Exh. I), 5/28/2013)
Once the City receives full payment for outstanding principal, penalties, and costs, the Department Manager will either record a notice of satisfaction or provide the citee with a notice of satisfaction for recordation at the Los Angeles County Recorder's office. This notice of satisfaction will cancel the City's lien.
(Ord. 04-8 § 2, 8/24/2004; Ord. 13-6 § 10 (Exh. I), 5/28/2013)