HomeMy WebLinkAboutOrdinance 1854 N.C.S. 06/17/19911
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Introduced by
Brian Sobel
ORDINANCE NO. 1854 N.C.S.
Seconded by
Nancy Read
AN ORDINANCE AMENDING CHAPTER 1.15 OF THE PETALUMA
MUNICIPAL CODE, NUISANCE ABATEMENT BY ADDING SECTION
1.15.100 TO PROVIDE AN ALTERNATIVE PROCEDURE FOR
IMPOSING A LIEN ON PROPERTY ON WHICH A NUISANCE IS
MAINTAINED, REVISING SECTION 1.15.090 AND RENUMBERING
EXISTING SECTIONS 1.15.100, 1.15.101 AND 1.15.102
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
35 Section 1. The City Council finds that on January 1, 1991 the California Legislature,
36 by its adoption of Government Code Section 38773.1, provided an alternative provision for
37 the enforcement and collection of costs of nuisance abatement proceedings by a
38 municipality.
M
40 Section 2. The City Council further finds that adding a method of lien imposition,
41 enforcement and foreclosure against properties on which a nuisance is maintained benefits
42 the public health, safety and welfare of the citizens of Petaluma by making the costs of
43 abatement of such nuisances a lien against the property on which it is maintained and a
44 personal obligation against the property owner.
45
46 Section 3. Petaluma Municipal Code Section 1.15.090, Cost Account, is hereby
47 amended as follows:
Ord. 1854 N.CS..
1
1 1.15.090 Cost account.
2 The officer abating the nuisance shall keep an account
3 of the cost of abatement and shall render an itemized written
4 report to the city council, showing the cost of removing and/or
5 abating the nuisance.
6 Before the report is submitted to the city council, a copy
7 shall be posted for at least three days on the bulletin board of
8 the City Hall with a notice of the time when the report will be
9 submitted to the city council for confirmation. A copy of the
10 account and notice shall also be mailed to the owner of the
11 property, at the address shown on the last tax roll, at least ten
12 days prior to submission to the city council.
13 At the time fixed for receiving and considering the
14 report, the city council shall hear it and any objections by the
15 property owner liable to be assessed or against whose property
16 a nuisance abatement lien may be recorded for the work of
17 abatement. Thereupon the city council may make such
18 modifications in the report as it deems necessary, after which,
19 by order or resolution, the report shall be confirmed.
20
21 Section 4. Petaluma Municipal Code Section 1.15.100 is hereby added as follows:
22
23 1.15.100 Nuisance abatement lien.
24 The cost of such abatement as determined by the city
25 council may be enforced by the recordation of a nuisance
26 abatement lien against the aforesaid property. Any such
27 nuisance abatement lien shall be recorded in the county
28 recorder's office in the county in which the parcel of land is
29 located and from the date of recording shall have the force,
30 effect and priority of a judgment lien. A nuisance abatement
31 lien authorized by this section shall specify the amount of the
32 lien, the name of the city of Petaluma on whose behalf the lien
33 is imposed, the date of the abatement order, the street address,
34 legal description and assessor's parcel number of the parcel on
35 which the lien is imposed and the name and address of the
36 recorded owner of the parcel.
2
Ord. 1854 N.C.S.
1 Before recordation of a nuisance abatement lien, notice
2 shall be served on the owner of record of the parcel of land on
3 which the nuisance is maintained, based on the last equalized
4 assessment roll or the supplemental roll, whichever is more
5 current. The notice shall be served in the same manner as
6 summons in a civil action. If the owner of record, after diligent
7 search, cannot be found, the notice may be served by posting a
8 copy thereof in a conspicuous place upon the property for a
9 period of ten days and publication thereof in a newspaper of
10 general circulation published in Sonoma County, California.
11 Any fee imposed on the city by the county recorder for
12 costs of processing and recording the lien and costs of
13 providing notice to the property owner may be recovered from
14 the property owner in any foreclosure action to enforce the lien
15 after recordation.
16
17 Section 5. Petaluma Municipal Code Section 1.15.100 is hereby amended and
18 renumbered as follows:
19
20 1.15.200 Special assessment.
21 As an alternative to the procedure authorized by
22 Section 1.15.100, the cost of such abatement as determined by
23 the city council may become a special assessment and lien
24 against the aforesaid property, which assessment may be
25 collected at the same time and in the same manner as ordinary
26 municipal taxes are collected, and shall be subject to the same
27 penalties and the same procedure and sale in case of
28 delinquency as provided for ordinary municipal taxes. All laws
29 applicable to the levy, collection and enforcement of municipal
30 taxes shall be applicable to such special assessment.
31
32 Section 6. Petaluma Municipal Code Section 1.15.300 is hereby added as follows:
33
34 1.15.300 Treble costs.
35 Upon entry of a second or subsequent civil or criminal
36 judgment within a two-year period finding that an owner for
37 property is responsible for a condition that may be abated in
3
Ord. 1854 N.C.S.
I accordance with Chapter 1.15 of this code, except for
2 conditions abated pursuant to Health and Safety Code Section
3 17980, the court issuing any such civil or criminal judgment
4 may order the owner to pay treble the cost of abatement, which
5 shall be collected by the city in accordance with the provisions
6 of Section 1.15.100 or Section 1.15.200 of this Code.
7
8 Section 7. Petaluma Municipal Code Section 1.15.101 is hereby amended and
9 renumbered as follows:
10
11 1.15.400 Public nuisance by judicial decree.
12 If a public nuisance has been declared by judicial
13 decree, after the defendant(s) receive(s) notice of entry of
14 judgment as prescribed by law, and the time within which an
15 appeal may be filed has expired, all procedures of Sections
16 1.15.080, 1.15.100 and/or 1.15.200 shall be applicable and shall
17 be followed in the same manner as if a resolution by the city
18 council had been passed declaring a public nuisance to exist.
19
20 Section 8. Petaluma Municipal Code Section 1.15.102 shall be renumbered Section
21 1.15.500.
22
23 Section 9. Severability. If any section, subsection or portion of this ordinance is for
24 any reason held to be invalid or unconstitutional by the decision of any court of competent
25 jurisdiction, such decision shall not affect the validity of the remaining portion of this
26 ordinance. The City Council hereby declares that it would have adopted this ordinance
27 and each section, subsection or portion thereof, irrespective of the fact that any one or
28 more sections, subsections or portions be declared invalid or unconstitutional. In the event
29 that the lien and foreclosure provision established by this ordinance is invalid, the
30 provisions of Chapter 1.15 of the Petaluma Municipal Code as they existed immediately
31 prior to the effective date of this ordinance shall be in full force and effect and shall apply
32 to all actions to which the provisions of this ordinance do not validly apply.
33
34 Section 10. Effective Date. This ordinance is effective thirty (30) days from its
35 adoption.
36
4
Ord. 1854 N.C.S.
1 Section 11. Publish /Posting. The City Clerk shall, and she is hereby directed to,
2 post/publish this ordinance for the period and in the manner as required by law.
3
4 INTRODUCED and ordered posted/published this 20th day of May
5 1991.
6
7 ADOPTED this 17th day of June , 1991 by the following vote:
8
9
10 AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh
11 NOES: 0
12 ABSENT: Mayor Hilligoss
ATTE
rev
My Clerk
c:\word5\ord.doc
fmk\5/8/91
May Vice Mayor
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Ord. 1854 N.C.S