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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 />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 <br />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 />cost or expenses associated with the abatement of a public nuisance that are levied in accordance <br />with this Chapter, whether imposed or levied judicially or administratively, may become a special assessment and lien against the real property where the nuisance condition existed. Any special assessment imposed on real property pursuant to this section may be collected at the <br />same time and in the same manner as ordinary municipal taxes are collected, and shall be subject <br />to the same penalties and the same procedure and sale in case of delinquency as is provided for <br />ordinary municipal taxes. Notice of any special assessment that is levied on real property pursuant to this section shall be given to the property owner by certified mail, and shall contain the information set forth in Government Code §38773.5(c). All laws applicable to the levy, <br />collection, and enforcement of municipal taxes, including those described in Government Code <br />§38773.5(c), shall be applicable to such special assessment. <br />ARTICLE 7. SUPPLEMENTARY ENFORCEMENT 1-12-700 SUPPLEMENTARY ENFORCEMENT AUTHORITY. <br /> Nothing in this Chapter shall prevent the City from initiating any other legal or equitable <br />proceeding to obtain compliance or to discourage non-compliance with the provisions of this <br />Code. The enforcement procedures described in this Chapter are intended to be alternative <br />methods of obtaining compliance and/or discouraging non-compliance with the provisions of this Code and are expressly intended to be in addition to any other remedies provided by law or this Code. It is the intent of the City Council that the immunities prescribed in Penal Code §836.5 <br />shall be applicable to the Enforcement Officer, and any other public officers or employees, <br />acting in the course and scope of employment pursuant to this Chapter. <br />260
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