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11A - 2ND READ ORD - PREP
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11A - 2ND READ ORD - PREP
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3/27/2017 5:45:41 PM
Creation date
5/13/2016 8:50:53 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
11A
Date
5/17/2016
Destruction Year
2021
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LS 5.2.16 <br />Code. Each day any violation of any said provision of this article shall continue shall <br />constitute a separate offense. In addition, the City may seek injunctive relief and civil <br />penalties in court for violations of this Division. The remedies provided for in this <br />Division shall be cumulative and not exclusive of any other remedies available under <br />any other federal, state or local laws. <br />Sec. 8 -1979. Relocation Costs. <br />If any lessee is displaced from a rental housing unit after an order to vacate issued by <br />the Executive Director because a violation is of such a nature that the immediate health <br />and safety of the lessee is endangered, the costs and expenses of relocating the lessee <br />from the unit are and shall be the responsibility of the owner to the extent required by <br />State law (Health & Safety 17975- 17975.10) and in accordance with the terms of the <br />lessee's rental agreement, if any. <br />Sec. 8 -1980. Removal of Tax Benefit. <br />If, after a notice and order to repair has been issued, and the property owner fails to <br />correct the violation, the City may utilize any administrative or legal remedy available. <br />Further, the City intends to utilize the provisions of Section 24436.5 of the Revenue and <br />Taxation Code to encourage the elimination of substandard conditions in rental housing. <br />Said section provides for the disallowance for State income tax purposes of interest, <br />depreciation, taxes, or amortization deductions, which are derived from the ownership of <br />rental housing which is not in compliance. The City is also authorized to use the <br />remedies set forth in State Housing law. <br />Sec. 8 -1981. Nonpayment of Fee; Assessment of Fee Debt by Public Lien; <br />Recording and Enforcement of Liens; Recording Service Fee. <br />A. Recording of a Certificate of Lien. If any fee amount, including penalties, late <br />interest, and any administrative fees or fines required to be paid under this <br />Division is not paid when due, the Executive Director, or any duly authorized <br />employee of the City acting as his or her designated agent, may record or cause <br />to be recorded, in the office of the Orange County Recorder, a certificate which <br />specifies the amount due, the name and address of the person liable for the <br />same, a statement that the Executive Director has complied with all provisions of <br />this Division in the determination of the amount required to be paid, and a legal <br />description of the real property owned by such person. From the time of the <br />recording of the certificate, the amount required to be paid together with <br />penalties, interest, and administrative fees owing constitutes a lien upon all real <br />property in the county owned by such person or thereafter acquired before the <br />lien expires. The lien shall have the force, effect and priority of a public lien and <br />shall continue for ten (10) years from the filing of a certificate unless sooner <br />released or otherwise discharged. <br />Ordinance No. NS -XXXX <br />Page 14 of 16 <br />11A -16 <br />
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