8.54.330 - Actual and Constructive Notice.
The owner of a vacant building shall comply fully and in all instances with the provisions of this Chapter and with all other applicable requirements of ordinances of the City, regulations of this Code, statutes of the State and the United States Code of Regulations, and decisions, rulings, and orders of courts of competent jurisdiction.
(Ord. No. 12991, § 2, 2-2-2010)
A.
General. The failure of an owner to comply fully with the provisions of this Chapter shall be a separate violation which shall be immediately subject to abatement actions and fees, assessment of penalties and fines, and collection actions provided herein. Each and every day a violation of any provision of this Chapter exists shall constitute a separate and distinct offense. The owner shall remain liable for any violation of this Chapter even though the owner, by agreement, has imposed such duties on another individual, group, firm, or other entity.
B.
Remedies. Remedies provided in this Chapter for violations are in addition to and do not supersede or limit any other remedies, whether civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
C.
Notification. The owner shall be notified of a violation in accordance with the provisions for notification for abatement of violations, as set forth in Article II of Chapter 15.08
(Ord. No. 12991, § 2, 2-2-2010)
A.
Penalties and Fines. Pursuant to California Civil Code Section 2929.3(e), the assessment of penalties as set forth in Chapter 1.12 or fines as set forth in Section 2929.3 of the California Civil Code shall apply to the enforcement of the provisions of this Chapter.
B.
Interest. Unpaid amounts shall be subject to the assessment of accruing interest as established in the master fee schedule.
C.
Collection. The City may serve a demand (invoice) to the owner for payment of fees, costs, penalties, and accruing interest by mailing with regular postage to the address identified on the statement of registration, or when such statement has not been filed, to the address as it appears on the last equalized assessment roll of the Alameda County Assessor, or as otherwise may be known to the City. Whenever such amounts are not fully paid within 14 calendar days of service, the City may recover unpaid amounts by all available legal means including, but not limited to, civil and small claims court action, and may undertake collection by one or more of the following means:
• Prospective Lien. The City may file a Prospective Lien with the Alameda County Clerk-Recorder for recordation on the property title. The subsequent filing of a notice of the satisfactory discharge of such lien shall be contingent upon fulfillment of conditions of compliance, pursuant to the provisions of this Chapter, including, but not limited to, full payment of unpaid amounts with accrued interest.
• Priority Lien. The City may file a Priority Lien with the Alameda County Clerk-Recorder for recordation on the property title which shall be remain as a financial encumbrance until such unpaid amounts with accrued interest have been fully paid. The amount of such lien shall draw interest thereon at a rate as established in the master fee schedule or such higher rate as may be established by the Alameda County Assessor for collection of municipal and county taxes from and after the date of service of such demand. The statute of limitations shall not run against the right of the City to enforce payment.
• Special Assessment of the General Levy. The City may transmit such unpaid amounts with accrued interest to the Alameda County Assessor, who shall thereupon enter a special assessment of the general levy taxes on the County Assessment Book opposite the description of the particular lot or parcel of land, and such special assessment shall be collected together with all other taxes levied against the property. Such special assessment shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale, in the case of delinquency, as provided for all other municipal and county taxes against the property, and all laws applicable to the levy, collection, and enforcement of general property taxes are hereby made applicable to such special assessment.
• Nuisance Abatement Lien. The City may file a Nuisance Abatement Lien with the Alameda County Clerk-Recorder for recordation on the property title which shall, from the date of recordation, have the force, effect, and priority of a judgment lien. Such nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.
The City may recover from the owner the costs incurred for processing such demands and liens and non-sufficient funds checks, recording such liens, transferring such special assessments, providing notice for court, collection or foreclosure actions, for other recovery actions, and for reasonable attorneys' fees.
(Ord. No. 12991, § 2, 2-2-2010)
8.54.330 - Actual and Constructive Notice.
Pursuant to State law, actual notice of the assessment of fees, penalties, and fines shall be established on the date the City notifies the owner of such assessment. Constructive notice of the pendancy of a collection action for an assessment to all other interested parties shall be established on the date a lien is recorded by the Alameda County Clerk-Recorder. A subsequent owner of a vacant building without actual or constructive notice of the assessment under this Chapter shall not be liable for such assessment.
(Ord. No. 12991, § 2, 2-2-2010)