§ 50-238. Recovery of abatement costs.

(a)

Record of cost of abatement. If payment is not received within 45 days of the invoice date, as provided in section 50-237, the director shall render an itemized report in writing to the city clerk showing the costs of abatement. Any such report may include the abatement costs for any number of properties and abatements, whether or not such properties are contiguous.

(b)

Notice of hearing. The city council shall consider the abatement cost report at a regular or special meeting. Notice of the date, time and place that the city council will consider the report, together with a copy of the report, shall be served on the property owner in the manner set forth in section 50-183 not less than ten days prior to the hearing. The notice shall contain a description of the property sufficient to reasonably identify it and shall specify that the city council will hear any objections or protests which may be raised by any person liable to be assessed for the abatement costs. Notice of the hearing shall also be published once, at least ten days prior to the hearing date, in a newspaper of general circulation published in the city or as allowed by Government Code § 6042. Proof of service and publication of such notice shall be filed with the city clerk.

(c)

Hearing and proceedings. At the time and place fixed for receiving and considering the report, the city council shall consider the evidence, consisting of the report of such cost of abatement, together with any objections or protests. The city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report as submitted, or as revised, corrected or modified, shall be confirmed. The decision of the city council on all protests and objections, if any, shall be final and conclusive.

(d)

Assessment lien. The total cost for abating such nuisance, as confirmed by the city council by resolution, shall constitute a personal debt and a special assessment against the parcel of land to which it relates, and, upon recordation in the office of the county recorder of a notice of lien and the city council resolution, as so made and confirmed, shall constitute a lien on the property. After confirmation of the report, a copy thereof shall be transmitted to the tax collector for the city, whereupon it shall be the duty of the tax collector to add the amount of the assessment to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes. Thereafter the amounts shall 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 for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

(e)

Notice of special assessment and lien. The notice of special assessment and lien for recordation shall be in a form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT AND LIEN
(Claim of City of Citrus Heights)

Pursuant to the authority vested by the provisions of the Citrus Heights Neighborhood Enhancement Code and Government Code § 38771 et seq., the [Director/Code Enforcement Officer] of the City of Citrus Heights did on or about the _____ day of ________ ___, cause the property or condition hereinafter described to be rehabilitated or the building, structure or condition on the property to be repaired, demolished or removed in order to abate a public nuisance on said real property; and the City Council of the City of Citrus Heights did on the _____ day of ________ ___, assess the cost of such abatement upon the real property hereinafter described; that amount has not been paid nor any part thereof; and the City of Citrus Heights does hereby claim a special assessment and lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $_____. This sum shall be a special assessment and lien upon said real property until it has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Citrus Heights, County of Sacramento, State of California, and particularly described as follows:

(description, including Assessor Parcel Number)

The condition, which was abated, is described as follows:

(description)

Dated this _____ day of ________ ___.

	/s/         City Clerk, City of Citrus Heights

(Ord. No. 2002-04, § 2(16B.05.016), 5-8-2002; Ord. No. 2016-004, § 3, 6-23-2016)