HomeMy WebLinkAboutOrdinances_2452_CCv0001.pdf ORDINANCE NO. 2452
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 8.04 OF THE
REDLANDS MUNICIPAL CODE RELATING TO NUISANCE ABATEMENT
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Section 8.04.371 relating to the recovery of attorneys'fees is hereby added to the
Redlands Municipal Code to read as follows:
"8.04.371. Recovery of attorneys'fees. In any action,administrative proceeding or special
proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorneys' fees.
The recovery of attorneys' fees by the prevailing party shall be limited to those individual actions or
proceedings in which the City elects,at the initiation of that individual action or proceeding,to seek
recovery of its own attorneys' fees.
In no action, administrative proceeding, or special proceeding shall an award of attorneys'
fees to a prevailing party exceed the amount of reasonable attorneys'fees incurred by the City in the
action or proceeding. The City Attorney shall thereafter cause a report of the action and an accurate
account of costs to be filed with the City Clerk.." '
Section 2. Section 8.04.380 of the Redlands Municipal Code is deleted in its entirety and
rewritten to read as follows:
"8.04.380. Costs- Report. The Code Enforcement Officer shall keep an account of the cost
(including incidental expenses)of abating any nuisance or immediate hazard on each separate lot or
parcel of land where the work has been done, and upon completion of the abatement, including the
filing of the report of attorneys' fees, if any, by the City Attorney with the City Clerk, shall cause to
be prepared and filed with the City Council an itemized report specifying the following:
A. The work performed;
B. The cost of the work, including any salvage value and incidental expenses and attorneys'
fees, if any;
C. A description of the real property upon which the nuisance or immediate hazard was
located;
D. The names and addresses of the persons entitled to notice pursuant to the provisions of
this chapter;
E. The assessment against each lot or parcel of land proposed to be levied to pay the cost
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thereof. Any such report may include work performed on any number of parcels of property,
whether or not contiguous to each other. The term "incidental expenses" includes,but is not limited
to, the expenses and costs of the City, in the preparation of notices, specifications and contracts,
inspection of the work, reports of title search and the costs of printing, mailing and serving papers
required under this Chapter."
Section 3. Section 8.04.3 91 relating to collection of costs and attorneys'fees prior to hearing
is hereby added to the Redlands Municipal Code to read as follows:
"8.04.391 Collection of costs and attorneys' fees prior to hearing. The City Treasurer may
accept payment of any amount due at any time prior to the City Council hearing on the reports and
accounts."
Section 4. Section 8.04.420 of the Redlands Municipal Code is deleted in its entirety and
rewritten to read as follows:
"8.04.420 Notice of lien. Immediate upon confirmation of the assessment, the City Clerk
shall cause to be filed in the Office of the County Recorder of San Bernardino County, State of
California, a notice of lien in substantially the following form:
Notice of Lien
Pursuant to the authority contained in Chapter 8.04 of the Redlands Municipal Code, City
of Redlands, California, did the following: 1) issued an abatement order on the day of
; 2) caused a nuisance to be abated on the real property hereinafter described on
the day of ; and 3) assessed the cost of such abatement upon the real
property hereinafter described by adopting Resolution No. on the day of ,
. Of such costs, there remains unpaid to the City of Redlands the sum of
Dollars ($ ), and therefore the City of Redlands hereby claims a lien upon the real property
in the amount of Dollars ($ ), together with interest calculated
thereon at the legal rate of interest from the day of until the amount
has been paid in full and this lien discharged of record.
The real property hereinbefore mentioned and upon which a lien is hereby claimed is that
certain real property situated in the City of Redlands,County of San Bernardino, State of California,
and more particularly described as follows:
(Street Address)
(Legal Description)
(Assessor's Parcel Number)
The name and address of the record owner of the parcel on which the lien is imposed as follows:
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(Owner's Name)
(Owner's Address)
Dated this day of
Redlands, California
By
Mayor
Attest:
City Clerk
(Notarial Acknowledgment)
Notice of lien shall be mailed by certified mail to the property owner,if the property owner's
identify can be determined from the County Assessor's or County Recorder's records. The notice
shall be given at the time of imposing the assessment and shall specify that the property may be sold
after three years by the tax collector for unpaid delinquent assessments. The tax collector's power
of sale shall not be affected by the failure of the property owner to receive notice.
The County Auditor shall enter each assessment on the County tax roll upon the parcel of
land. The 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 procedure and sale in
case of delinquency as is 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 attached thereon, prior to the date on which the first installment of the taxes would become
delinquent,then 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."
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Section 5. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
Mayor of the City of Redlands
Attest:
Cit A�Clerk
I,Lorrie Poyzer,City Clerk ofthe City of Redlands,hereby certifies that the foregoing ordinance was
adopted by the City Council at a regular meeting thereof held on the 19th day of September
2000 by the following vote:
AYES: Councilmembers George, Freedman, Pepper, Haws; Mayor Gilbreath
NOES: None
ABSENT: Nene
ABSTAIN: None
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City ., erk
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