§ 1.08.070. Recovery of fees, costs and charges.

A.

In accordance with Government Code Section 54988, as amended, the city may collect any fee, cost or charge incurred by the city in:

1.

The abatement of public nuisances;

2.

The correction of any violation of any law or regulation which would render a dwelling untenable pursuant to Civil Code Section 1941.1;

3.

The enforcement of city zoning ordinances;

4.

The inspection and abatement of violations of Section 13100 of the Health and Safety Code relating to fire protection and city ordinances and regulations concerning fire protection;

5.

The inspection and abatement of violations of the state Housing Law and city ordinances and regulations implementing the state Housing Law;

6.

The inspection and abatement of violations of the state Building Standards Code and city ordinances and regulations implementing the state Building Standards Code; and

7.

The inspection and abatement of violations of city ordinances and regulations concerning building code standards and requirements.

B.

For purposes of this section, fees, costs and charges shall include, but not be limited to, city staff costs, attorney costs, consultant and expert witness costs, permit fees, fines, late charges and interest.

C.

These fees, costs and charges may be imposed as part of any administrative proceeding upon a finding by the city council, or any hearing board designated by the city council, that the property at issue constitutes a public nuisance or is in violation of any of the laws, ordinance or regulations cited in subsection A of this section. The amount of any fee, cost or charge imposed on the owner of the property at issue shall not exceed the actual cost incurred by the city in connection with the proceeding. In the event the city initiates a court proceeding in order to abate a public nuisance or the violation of any of the laws, ordinances or regulations cited in subsection A of this section, the fees, cost and charges incurred by the city may be recovered by the city as part of the court judgment if the city prevails in such proceeding.

D.

This section shall not apply to owner-occupied residential dwelling units nor shall it apply to any enforcement, abatement, correction or inspection activity regarding a violation in which the violation was evident on the plans for which a building permit was issued.

E.

The fees, costs and charges may become a lien against the property as long as the city first provides the property owner written notice in plain language of the proposed lien, description of the basis for the amounts comprising the lien, a minimum of forty-five days after notice to pay the fees, costs, and charges, and an opportunity to appear before the city council and be heard regarding the amount of the proposed lien. The notice shall contain the date, time and location of the city council hearing. This notice shall be mailed by certified mail to the last known address of the owner of the property. At the hearing, the city council may confirm the lien upon written factual findings based on the evidence introduced at the hearing.

F.

The lien, in the amount confirmed by the city council, may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that any real property to which the lien would attach 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 taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured rolls for collection.

G.

The city council may, in the alternative, cause notice of the lien to be recorded within Contra Costa County Recorder. The lien shall attach upon recordation and shall have the same force, priority and effect as a judgment lien. The notice shall identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.

(Ord. 2000-5, Div. 1, 2001.)