The city manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the city council showing the cost of abatement, including the rehabilitation, demolition, or repair of said property, including any salvage value relating thereto; provided, that before said report is submitted to the city council, a copy of the same shall be posted for at least five days upon such property, together with a notice for the time when said report shall be heard by the city council for confirmation. A copy of said report and notice shall be served upon the owners of said property in accordance with provisions of FMC § 8.16.080 at least five days prior to submitting the same to the city council. Proof of said service shall be made by affidavit filed with the city clerk.
(Ord. 2024-765 § 4 (Exh. A))
The council may create a revolving fund or funds from which may be paid the costs of enforcing the provisions of this chapter and into which shall be paid the receipts from the collection of costs as set forth in this chapter.
(Ord. 2024-765 § 4 (Exh. A))
The materials contained in any nuisance abated by the enforcement official may be sold in the same manner as surplus city personal property is sold, and the proceeds from such sale shall be paid into the revolving fund.
(Ord. 2024-765 § 4 (Exh. A))
The total cost for abating such nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
After such confirmation and recordation, a certified copy of the council's decision shall be filed with the Humboldt County auditor-controller on or before August 1st of each year, whereupon it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.
In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
Such notice of lien for recordation shall be in form substantially as follows:
NOTICE OF LIEN
(Claim of City of Fortuna)
Pursuant to the authority vested by the provisions of Section ______________ of the Fortuna Municipal Code, the City Manager of the City of Fortuna did on or about the _______ day of _________________, 20______, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Fortuna did on the _______day of _________________, 20______, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Fortuna does hereby claim a lien on such rehabilitation, repair, or demolition in the amount $________________; and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Fortuna, County of Humboldt, State of California, and particularly described as follows:
(description)
Dated this ______day of ____________, 20_____.
_________________________________
City Manager
City of Fortuna
(Ord. 2024-765 § 4 (Exh. A))
Nothing in this chapter shall be deemed to prevent the council or the city manager from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to them under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.
(Ord. 2024-765 § 4 (Exh. A))
A. 
The owner or other person having charge or control of any such building, structure or property who maintains any public nuisance defined in this chapter or who violates any chapter is guilty of a misdemeanor.
B. 
Any person who removes or defaces any notice or order posted as required by this chapter is guilty of a misdemeanor.
C. 
No person shall obstruct, impede or interfere with any representative of the city department or any private contractor engaged by the city, or with any person who owns or holds any estate or interest in the building or structure which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed or with any person to whom such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the city, purchaser, or person having interest or estate in such building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.
(Ord. 2024-765 § 4 (Exh. A))
A violation of this chapter may be punishable as an infraction or misdemeanor, within the discretion of the city attorney. The fines shall be levied as follows:
A. 
Infractions. Except as provided in subsection (B) of this section, an infraction is punishable by:
1. 
A fine not exceeding $100.00 for the first violation;
2. 
A fine not exceeding $200.00 for the second violation within any consecutive 12-month period; and
3. 
A fine not exceeding $500.00 for the third or subsequent violation within any consecutive 12-month period.
B. 
An infraction committed in violation of the city's building and safety codes is punishable by:
1. 
A fine not exceeding $130.00 for a first violation;
2. 
A fine not exceeding $700.00 for a second violation of the same ordinance within one year of the first violation;
3. 
A fine not exceeding $1,300 for each additional violation of the same ordinance within one year of the first violation;
4. 
A fine not exceeding $2,500 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
C. 
Misdemeanors. A misdemeanor is punishable by a fine not exceeding $1,000, imprisonment, or both.
D. 
The administrative fines shall constitute a civil debt owing to the city jointly and severally by the owner or other responsible person. The debt shall be collectible in the same manner as any other civil debt owing to the city.
E. 
Each day or portion thereof that the provisions of this chapter are violated shall be deemed as a separate offense.
(Ord. 2024-765 § 4 (Exh. A))