§ 6.28.220. Recordation of substandard notice.

(a)

Notwithstanding any provision of the Barstow Municipal Code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of the Barstow Municipal Code and said violation has not been fully abated or corrected, as determined by the city, in the manner and time provided in a written notice to a responsible person, then the city, in its sole discretion, may record a notice of substandard property with the county recorder's office against said premises. As used herein, the term "fully abated or corrected" includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.

(b)

The city may record a notice of substandard property without the issuance of a notice of abatement pursuant to section 6.28.060, provided that a written notice of violation or a written notice of correction to a responsible person previously disclosed that a substandard notice may be recorded against a property if a violation is not fully abated or corrected in the manner and time delineated in said notice.

(c)

A notice of substandard property may be recorded after service of a notice of abatement provided that:

(1)

The notice of abatement contained this disclosure;

(2)

The public nuisance was not fully abated or corrected in the manner and time specified in the notice of abatement; and

(3)

A timely and proper appeal to the notice of abatement was not made.

(d)

A notice of substandard property may be recorded after service of an order of abatement provided that:

(1)

The order of abatement contained this disclosure; and

(2)

The public nuisance was not fully abated or corrected in the manner and time specified in the order of abatement.

(e)

The city attorney or the city prosecutor shall approve the form that constitutes a notice of substandard property.

(f)

The city shall record a notice of rescission of substandard property with the county recorder's office within ten business days of its determination that a violation or a public nuisance has been fully abated or corrected.

(g)

The city shall cause copies of recorded notices of substandard property and notices of rescission of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this chapter.

(Ord. No. 905-2013, § 6.28.220, 5-20-2013)