a. Pursuant to California Government Code Sections 38773, 38773.1, and 38773.5, and any successor statutes, all administrative penalties, as well as all administrative costs and abatement costs incurred by the City to abate a nuisance, whether imposed by the Code Enforcement Officer, Hearing Officer or City Council, pursuant to this Chapter in connection with real property that have not been timely paid in full, or been successfully challenged by a timely appeal or writ of mandate, may be made a lien or special assessment against the real property on which the violation occurred in accordance with the procedures set forth in this section.

b. Prior to recording any lien or special assessment, the Code Enforcement Officer shall prepare and file with the City Manager a report stating the amounts due and owing, for presentation to the City Council.

c. At least ten (10) days prior to the City Council meeting at which the City Council will consider the report and recordation of the lien or special assessment, the City Manager or his/or designee shall serve the property owner and violator (if different) with a copy of the Code Enforcement Officer’s report and a notice of the time and place of the hearing, advising the owner the he or she may appear and protest any penalty, charge and/or cost contained in the report. Such notice shall be served as provided in this subsection 10-1.12 of this Chapter. The report and notice shall also be posted conspicuously on the subject property at the time they are served.

d. Any person whose real property is subject to a lien or special assessment pursuant to this Chapter may file a written protest regarding any penalty and/or cost contained in the report with the City Council or may protest orally at the hearing. Each written protest must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

e. At the time fixed for hearing, the City Council shall consider the report and protests or objections by the violator or of the property owner potentially subject to the lien or special assessment. The City Council may revise, correct or modify the report as is considered just. Thereafter, the City Council shall make a written determination confirming, discharging or modifying the amount of the lien or special assessment. A copy of the written determination shall be served on the property owner in any manner provided for service in this Chapter within ten (10) days of the hearing.

f. The lien may be foreclosed on and the property upon which it was recorded sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose.

g. The City may also elect to seek collection of the outstanding administrative penalties, administrative costs and abatement costs as a special assessment against the real property on which the nuisance existed. After recordation of the special assessment the City shall provide a copy of the notice of recordation, proof of service and the recorded special assessment to the Tax Collector so that the Tax Collector can add the described special assessment payments to the next regular tax bill levied against the property and the special assessment shall 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 are provided for ordinary municipal taxes, as set forth in Section 38773.5 of the Government Code. (Ord. #2012-159)