§ 1.18.110. Collection and lien procedures.

A.

Recovery of Administrative Citation Fines and Costs. In addition to any other legal remedy, the city may place a lien on property owned by the citee in an amount equal to the sum of the fines delinquent for more than ninety (90) days, plus penalties and interest. Imposition of a lien must stem from a citation for the condition or use of real property, or its improvements that is owned by the citee.

B.

Lien Procedure.

1.

The City Manager may initiate proceedings to record a lien conforming with this code if the decision is not appealed.

2.

Before recording the lien, the department director must submit a report to the City Manager, or designee, stating the amount due and owing.

3.

The department director must then contact the City Clerk and arrange a time, date, and place for the City Council to consider the report and any protests or objections to it.

4.

The department director must serve the citee with a hearing notice not less than ten (10) days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice must be delivered first-class mail, postage prepaid, addressed to each citee's address as it appears on the last equalized assessment roll or supplemental roll of the county of San Bernardino, whichever is more current. Service by mail is effective on the date of mailing and failure of citee to actually receive notice does not affect its validity.

5.

At the conclusion of the hearing, the City Council will adopt a resolution confirming, discharging, or modifying the lien amount.

C.

Recording a Lien. Within thirty (30) days following the City Council's adoption of a resolution imposing a lien, the Department Director will file same as a judgment lien in the San Bernardino County Recorder's Office. Before recordation of the lien, the city must give notice to the owner of record of the subject parcel in the manner required by Government Code § 38773.1(b).

D.

Administrative Fee. Each citee against whose property an assessment is levied pursuant to this chapter will also be assessed an administrative fee in an amount established by City Council resolution based on the costs incurred in levying the assessment. The administrative fee will be included in the lien amount approved by the City Council and recorded against the citee's property.

E.

Satisfaction of Lien. Once the City receives full payment for outstanding principal, penalties, and costs, the Department Director will either record a notice of satisfaction or provide the citee with a notice of satisfaction for recordation at the San Bernardino County Recorder's Office. This notice of satisfaction will cancel the city's lien.

(Ord. 209 § 1 (part), 2008)