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8L Consent Calendar 2017 0619
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8L Consent Calendar 2017 0619
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/19/2017
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<br />ARTICLE 6. LIENS <br />1-12-600 COST ACCOUNTS AND IMPOSITION OF LIENS OR SPECIAL ASSESSMENTS. <br /> (a) If a judicial order or Administrative Order authorizes the City to abate a public <br />nuisance, the city official responsible for such abatement shall keep an accounting of the cost of <br />abatement along with any other recoverable costs. The accounting shall be submitted to the Finance Director for inclusion in the annual report prepared by the Finance Director for the City <br />Council. At least ten (10) days prior to the submission of the report to the City Council, a copy of <br />the report and notice shall be mailed to the responsible party and/or to the owner of the property <br />where the nuisance existed, if the nuisance concerns real property, at the address shown for such <br />owner on the last tax roll. <br /> (b) At the time and place fixed for receiving and considering the report required by <br />subsection (a), the City Council shall hear any objections by the responsible party or property <br />owner against whom such cost are being charged or against whose property an abatement lien or <br />special assessment may be imposed for such costs. After considering the report and any <br />objections thereto, the City Council may make such modifications to the report as it deems appropriate, after which the report shall be confirmed by resolution or order. <br /> (c) Any penalty imposed for violations of this Code, including any other codes or <br />statutes that have been incorporated into this Code, any administrative costs or other expenses of <br />enforcement, and the cost or expenses associated with the abatement of a public nuisance that are levied in accordance with this Chapter, whether imposed or levied judicially or administratively, may be enforced by the recordation of a lien against the property of the owner of the real <br />property where the nuisance condition existed. Any such lien shall be recorded in the Office of <br />the County Recorder for Alameda County, and from the date of recording shall have the force, <br />effect, and priority of a judgment lien. A lien authorized by this section shall specify the amount of the lien, that the lien is being imposed on behalf of the City of San Leandro, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel <br />on which the lien is imposed, and the name and address of the recorded owner of the parcel. <br /> (d) Before recordation of a lien authorized by this section, a notice of lien shall be <br />served on the responsible party and/or owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of lien shall be served in the same manner as a summons in a civil <br />action. If the owner of record cannot be found, after a diligent search, the notice of lien may be <br />served by posting a copy thereof in a conspicuous place upon the property for a period of ten <br />(10) days and publication thereof in a newspaper of general circulation published in Alameda County, California. <br /> (e) Any fee imposed on the City by the County Recorder for costs of processing and <br />recording the lien and the cost of providing notice to the property owner in the manner described <br />herein may be recovered from the property owner in any foreclosure action to enforce the lien <br />after recordation. <br /> (f) As an alternative to the lien procedure described in subsection (c), above, any penalty imposed for violations of this Code, including any other codes or statutes that have been <br />incorporated into this Code, any administrative costs or other expenses of enforcement, and the <br />242
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