HomeMy WebLinkAboutOrdinances_2150_CCv0001.pdf ORDINANCE NO. 2150
AN ORDINANCE OF THE CITY OF REDLANDS
AMENDING CHAPTER 8.04 OF THE REDLANDS
MUNICIPAL CODE RELATING TO NUISANCES
BE IT ORDAINED by the City Council of the City of Redlands as follows:
Section 1. Section 8.04.300 of the Redlands Municipal Code is hereby
amended to read as follows:
"8.04.300 Service of Notice -- Persons to Be Served.
A. The City Manager shall cause copies of such notice to be served on
each of the following:
1. The person, or persons, if any, occupying or in any real
or apparent charge and control of the premises involved;
2. The owner of the premises as shown on the most recent
tax assessment;
3. Any other person or persons known by the City Manager
to have an ownership or leasehold interest in the premises.
B. Personal service upon the property owner shall be accomplished in the
same manner as a summons in a civil action. However, if the owner cannot
be found after a diligent search, service upon the property owner shall be
accomplished by posting notice in a conspicuous place on or in front of the
property in question at least ten (10) days before the time fixed for the
hearing before the City Council, and by the publication thereof in a
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newspaper of general circulation, published in the County in which the
property is located, pursuant to Government Code Section 6062."
Section 2. Section 8.04.310 of the Redlands Municipal Code is hereby
amended to read as follows:
"8.04.310 Service of Notice -- Persons Not Found Within City Limits.
If any person entitled to notice is not found within the City limits,
service shall be made by depositing a copy of such notice in the United Stated
Post Office, properly enclosed in a sealed envelope with the postage thereon,
fully prepaid. Such mail shall be registered or certified, return receipt
requested, and addressed to the person entitled thereto at the address of such
person as it appears on the last equalized assessment roll of the County or as
known to the City Manager. If no address so appears or is known to the City
Manager, then a copy shall be addressed to such person at the address of the
premises involved. Service by registered or certified mail shall be complete
on the day of its deposit in the mail. The failure of any owner or other
persons to receive such notice shall not affect in any manner the validity of
any proceedings taken pursuant to this Chapter. One certified copy of the
notice shall also be conspicuously posted on the premises at least ten (10)
days before the time fixed for the hearing before the City Council. However,
service in accordance with this section shall only entitle the City to the
collection of the abatement costs in accordance with Section 8.04.430(A)(1),
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and shall not entitle the City to collection of the abatement costs in
accordance with Section 8.04.430(A)(2)."
Section 3. Section 8.04.420 of the Redlands Municipal Code is hereby
amended to read as follows:
"Section 8.04.420 Notice of Lien.
Immediately 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, the City of
Redlands, California, did the following: 1) issued
an abatement order on the day of
* 19 ; 2) caused a nuisance to be
abated on the real property hereinafter described
on the day of , 19_; and 3)
assessed the cost of such abatement upon said
real property hereinafter described by adopting
Resolution No. , on the day of
, 19 . Of said costs, there
remains unpaid to the City of Redlands the sum
of Dollars ($ ), and
therefore the City of Redlands does hereby claim
a lien upon said real property in the amount of
Dollars ($ ),
together with interest calculated thereon at the
legal rate of interest from the day of
19 , until said amount has been paid
in full and this lien discharged of record.
The real property hereinbefore mentioned, and
upon which lien is hereby claimed, is that certain
parcel or parcels of real property situated in the
City of Redlands, County of San Bernardino,
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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:
(Owner's Name)
(Owner's Address)_
Dated this day of . City of
Redlands, California
By
Mayor
ATTEST:
City Clerk
(Notarial Acknowledgment)"
aedgn 4. Section 8.04.430 of the Redlands Municipal Code is hereby
amended to read as follows:
"8.04.430 Collection of Costs of Abating the Nuisance.
A. The cost of abating a nuisance and related administrative expenses may
be collected by either of the following means:
1. After the confirmation of such report of costs and
assessment, a certified copy of such confirmed special
assessment, which remains unpaid, shall be filed with the
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Assessor and Tax Collector of San Bernardino County, acting
for the City in order that such County officials may enter the
amount of the assessment on the appropriate assessment book
opposite the description of the particular property. Thereafter,
such amount shall be collected at the same time and in the
same manner as general City taxes are collected, and shall be
subject to the same penalties and interest, and the same
procedure under foreclosure and sale in case of delinquency, as
provided by law for City taxes. All laws and ordinances
applicable to the levy, collection and enforcement of City taxes
are made applicable to such special assessment. This is the
only collection option available if service on the property owner
was effectuated in accordance with Section 8.04.310.
2. After the confirmation of such report of costs and
assessment, a certified copy of the cost of abatement and
related administrative expenses shall be recorded in the
Grantor-Grantee index of the County Recorder's Office of San
Bernardino County, which shall have the force, effect, and
priority of a judgment lien. This method of collection is only
available when service was effectuated in accordance with
Section 8.44.300 of this Code. The lien may also be foreclosed
by a judicial or other sale in the manner and means provided
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for in Government Code Section 38773.1 or otherwise provided
for by law."
Segtion 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 in accordance with law.
Mayor, Citao£:Redi'ands '
ATTEST:
City Cleik of the Ci Redlands
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the
foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held
on the 19th day of March , 1991, by the following vote:
AYES: Councilmembers Beswick, Cunningham, Milson, Larson;
Mayor DeMirjyn
NOES: None
ABSTAIN: None
ABSENT: None
City Clerk, City of lands
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