§ 8.34.165. Special assessment.

A.

As an alternative to recording a nuisance abatement lien, the city may make the cost of abatement a special assessment against the parcel of land on which the nuisance is or was maintained.

B.

Notice shall be given by certified mail, to the property owner, if the property owner's identity can be determined from the county assessors s or county recorder's records. Notice pursuant to this section shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice pursuant to this section.

C.

The assessment 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 with ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. If, however, any real property to which the cost of abatement relates 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 the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

D.

The city may conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code.

E.

Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation.

F.

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated as a nuisance pursuant to this section, the court may order such person to pay treble the costs of the abatement. The recovery of treble the costs of abatement of such nuisances as provided in this section shall not apply to city efforts to abate Violations of the Building Code pursuant to Section 17980 of the Health and Safety Code.

(Ord. 2002-9 Div. V, 2003.)