§ 11-149.2. Cost recovery against the property where nuisance is maintained
(1) The city shall summarily abate any graffiti nuisance and may make the expense of abatement of nuisances a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Sections 38773 and 38773.5.
(2) Cost of abatement. Where the director is required to cause the abatement of a public nuisance pursuant to the provisions of this chapter, he shall keep an accounting of the cost thereof, including incidental expenses for the abatement. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailing any notices required by this chapter, as well as administrative costs in the amount of thirty-three (33) percent of the total cost of abatement. Within thirty (30) days of the conclusion of the abatement, the director shall submit an itemized statement of costs to the city manager and shall set a hearing to review the cost accounting before the city manager. The director shall cause notice of the time and place of the hearing to be given to the owner and/or occupant of the property to which the same relate, and to any other interested person requesting the same, by United States Mail, postage prepaid, addressed to the person at his last known address at least ten (10) days in advance of the hearing. The cost hearing shall be set no later than forty-five (45) days following the date the city manager receives the itemized cost of abatement.
(3) Cost accounting statement—Processing. At the cost hearing, the city manager shall hear and pass upon the statement of the director, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. The city manager may hear any relevant evidence at the cost hearing; the formal rules of evidence shall not apply. Thereupon, the city manager shall make such revision, correction and modification to the statement as he may deem just, after which the statement is submitted, or as revised, corrected or modified shall be conformed. The city manager shall issue a written decision within ten (10) days of the hearing, and it shall include reference to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. The decision of the city manager shall be final.
(4) Right to judicial review. If the city manager's decision is in favor of the city, the appellant may seek judicial review of the city manager's decision by filing a petition for writ of mandate pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
(5) Assessment of costs/liens against property.
(a) Pursuant to California Government Code Sections 38773 and 38773.5, all expenses as determined by the city manager in connection with such abatement shall be charged, and become an indebtedness, to the owner of such structure or premises, as well as a lien upon the affected property as elsewhere herein provided.
(b) Pursuant to California Government Code Section 38773.5, the confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates. After confirmation of the report, a copy thereof shall be transmitted to the Orange County Auditor/Controller, whereupon it shall be the duty of the auditor/controller to add the amounts of the assessment, or assessments, to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes, and 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.
(6) Such notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
Claim of City of Costa Mesa
Pursuant to the authority vested by the provisions of the Costa Mesa Municipal Code, the Director of Public Services of the City of Costa Mesa did on, or about the ____________ day of ____________, 20____________, cause the premises, hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City of Costa Mesa, shall assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that the City of Costa Mesa does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to it; the sum of $;$rule;; and the same shall be a lien upon said real property until the same 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 Costa Mesa, County of Orange, State of California, and more particularly described as follows:
(description)
Assessor Parcel Number(s):
Dated: This ;daterule; day of ;daterule;, 20____________.
City Manager,
City of Costa Mesa.