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 Barstow
 Code of Ordinances
 Title 6. HEALTH AND SANITATION
 Chapter 6.28. PUBLIC NUISANCES

  § 6.28.200. Collection of costs of abatement by nuisance abatement lien.  

Latest version.

  • (a)

    As an alternative to the procedure contained in section 6.28.190, the city may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Government Code § 38773.1 in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

    (b)

    A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance existed, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with article 3 (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county pursuant to Government Code § 6062.

    (c)

    The nuisance abatement lien shall be recorded in the county recorder's office and from the date of recording shall have the force, effect, and priority of a judgment lien.

    (d)

    A nuisance abatement lien authorized by this section shall specify the amount of the lien for the city, the name of the city department on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

    (e)

    In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (d) of this section shall be recorded by the city.

    (f)

    A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

    (g)

    The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

    (h)

    The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

(Ord. No. 905-2013, § 6.28.200, 5-20-2013)