§ 20-25. Assessment of costs against the property

The total cost for abating the nuisance shall constitute a special assessment against the parcel of land to which it relates.

(a) Recordation of notice. A notice of the special assessment shall be recorded in the Orange County Recorder's Office.

(b) Manner of collection. After recordation, the special assessment may 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 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. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, before the date on which the first installment of the taxes would become delinquent, the cost of abatement shall not result in a lien against the real property, but instead shall be transferred to the unsecured roll for collection.

(c) Form of notice. The notice of special assessment shall be in a form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT

(Claim of the City of Costa Mesa)

In compliance with to the authority of the provisions of Article 2 of Chapter III of Title 20 (Public Nuisance Abatement Procedures, Appeals and Cost Recovery) of the Costa Mesa Municipal Code, the Director of Development Services of the City of Costa Mesa did on or about the ;daterule; day of ;daterule;, 20____________, cause the premises hereinafter described to be rehabilitated or the structure(s) or improvement(s) on the property to be demolished or repaired in order to abate a public nuisance on the real property; and the abatement was conducted in compliance with an order of abatement dated the ;daterule; day of ;daterule;, 20____________; and the City Council of the City of Costa Mesa did on the ;daterule; day of ;daterule;, 20____________, assess the cost of the demolition, rehabilitation, or repair upon the real property; and the same has not been paid nor any part thereof; and that the City of Costa Mesa does hereby declare the costs of the demolition, rehabilitation, or repair in the amount so assessed, to with the sum of ;$rule; dollars ($;$rule;), to be a special assessment against the real property.

The special assessment 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 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.

However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, before the date on which the first installment of the taxes would become delinquent, the cost of abatement shall not result in a lien against the real property, but instead shall be transferred to the unsecured roll for collection.

The real property hereinbefore mentioned, and upon which the special assessment is levied, is that certain parcel of land lying and being in the City of Costa Mesa, County of Orange, State of California, commonly known as [street address], and more particularly described as follows:

[Legal description, including assessor's parcel number]

The owner of record of the parcel of land is:

[Name and address of recorded owner of the parcel]

(Ord. No. 13-04, § 1, 10-1-13 )