§ 12.32.050. Proceedings for creating a lien.  


Latest version.
  • Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the City Manager or his or her delegated representative and shall hear such evidence as may be presented by any interested party. Thereupon, the City Council may make such revision, correction or modification in the report as it deems just and shall thereafter confirm by resolution the report as submitted, revised, corrected or modified. The decision of the City Council shall be final. If the amount of the expense to the city as confirmed by the City Council is not paid by the owner, occupant or agent or said owner within fifteen (15) days after such confirmation by the City Council, said amount shall constitute a lien on said real property and the City Manager or his or her delegated representative shall record in the Office of the County Recorder of the county of Alameda, state of California, a certificate substantially in the following form:

    NOTICE OF LIEN

    Pursuant to the authority granted by Resolution No.__________ C.M.S. of the City Council of the City of Oakland, adopted on the _____ day of __________, 19_____, and the provisions of Section 12.32.030 of the Oakland Municipal Code, the City Manager did on the ___ day of _____, 19___, cause a dangerous (tree-shrub) located upon the hereinafter described real property to be removed at the expense of the owner, occupant or agent thereof, in the amount of $_____, and that said amount has not been paid, nor any part thereof, and the City of Oakland does hereby claim a lien upon the hereinafter described real property in said amount, and the same shall be a lien upon said real property until said sum with interest at the rate of 6% per annum, from the date of the recording of said notice, has been paid in full and discharged of record. The real property hereinabove mentioned and upon which a lien is claimed is that certain piece or parcel of land lying and being in the City of Oakland, County of Alameda, State of California, and particularly described as follows, to-wit:

    (insert description of property)

    Dated this ___ day of _____, 19___.

    CITY OF OAKLAND

    By _____

    City Manager

    and the same shall be a lien against the property described therein until the amount thereof, plus accrued interest from and after the date of the recording of said notice of lien, has been paid in full. All persons shall be deemed to have had notice of the contents thereof. The amount of such lien shall draw interest at the rate of six percent per annum from the date of recordation of said lien in the Office of the County Recorder.

(Prior code § 6-3.032)