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11B - ORDINANCE FOR VACANT PROP
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11B - ORDINANCE FOR VACANT PROP
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Last modified
8/27/2020 4:28:03 PM
Creation date
8/27/2020 4:37:41 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
11B
Date
9/1/2020
Destruction Year
2025
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(7) Non-payment of fees — special assessment. If the fee is not paid within sixty <br />(60) days after billing, or within sixty (60) days after the decision of the Chief <br />Building Official or appellate hearing officer, they may then be declared a special <br />assessment against that parcel as provided in California Government Code <br />section 28773.5. Such special assessment shall be collected at the same time <br />and in the same manner as ordinary city taxes are collected and shall be subject <br />to the same penalties and the same procedures and sale in case of delinquency <br />as provided for ordinary city taxes. The city shall retain the additional and <br />independent right to recover its costs by way of civil action against the owner and <br />person in possession or control, jointly or severally. <br />(8) Non-payment of fees — lien. Alternatively, if the fee is not paid within sixty <br />(60) days, the city manager may also cause a notice of lien to be recorded. The <br />notice shall, at a minimum, identify the record owner or possessor of the property, <br />set forth the last known address of the record owner or possessor, a description <br />of the real property subject to the lien, and the amount of the fee. <br />Sec. 8-1989. - Fees. <br />An annual non-refundable foreclosed, vacant and/or abandoned property registration <br />fee shall be paid to city at the time of registration, annually thereafter on January 1 st each year <br />and must be received no later than January 31 of the year due. If the foreclosed, vacant and/or <br />abandoned property is sold or transferred within a calendar year to a new bank/owner it will <br />need to register the foreclosed, vacant and/or abandoned property; the annual fee is not <br />transferrable. The fee for registering and re -registering a foreclosed, vacant and/or abandoned <br />property shall be set, from time to time, by resolution of the city council. The amount of the fee <br />shall not exceed the cost of administering the provisions of this chapter. <br />Additional hourly inspection fees as set forth in the city's miscellaneous fee resolution <br />may be levied on a property for staff time to inspect and enforce the provision of this Code when <br />a complaint has been filed on a property subject to this article. <br />Sec. 8-1990. - Enforcement. <br />A. Any violation of this division shall be treated as a strict liability offense; a violation <br />shall be deemed to have occurred regardless of a violator's intent. <br />B. Any person, partnership, association, corporation, fiduciary or other legal entity, <br />that owns, leases, occupies, controls or manages any abandoned property and <br />causes, permits, or maintains a violation of the chapter as to that property, shall <br />be guilty of a misdemeanor, and upon conviction thereof, may be punished as <br />provided in section 1-8. <br />C. This section is intended to be cumulative to, and not in place of, other rights and <br />remedies available to the city pursuant to this Code. As an alternative to the <br />violation and penalty specified in this section, the city attorney or enforcement <br />official may pursue any other right or remedy permitted by this Code, including, <br />Ordinance No. NS-XXXX <br />Page 13 of 16 <br />11 B-13 <br />
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