§ 15.08.130. Fees, costs, penalties, and interest.

A.

Abatement of Violations. The fees and costs incurred and the penalties assessed and the interest accrued in obtaining Real Property Ownership Reports, and in repairing, cleaning, remediating, removing, or demolishing a building, structure, or real property, including costs incurred in relocating occupants of the building and in securing a building, structure, or real property from unauthorized access, and in ascertaining violations or affecting abatement thereof and in collecting such fees, costs, penalties, and accruing interest shall be charged against the property and owners.

Such fees, costs, penalties, and accruing interest shall be as established in the Master Fee Schedule of the City of Oakland and may be recovered by all appropriate legal means, including but not limited to nuisance abatement lien, prospective lien and special assessment of the general tax levy, priority lien and special assessment of the general tax levy, or civil and small claims court action brought by the City of Oakland, and combinations of such actions.

The City may recover from the property owner all costs incurred for processing and recording of such liens and special assessments authorized by this Code and for providing notice to the property owner as part of its foreclosure action or for other actions to enforce such liens and special assessments and to recover costs incurred, including attorneys' fees.

B.

Demand for Payment. Prior to recordation of a nuisance abatement lien or a priority lien and special assessment of the general tax levy, the Building Official shall provide the property owner an itemized list of the fees, costs, penalties, and interest accruing to such lien, with a Demand for Payment thereof.

Such Demand shall indicate that failure to pay expeditiously will result in a collection action as set forth in this Code.

C.

Collection. Whenever such fees, costs, penalties, and accruing interest are not fully paid with seven (7) calendar days after service of such Demand, the Building Official or the City may undertake collection by one or more of the following means:

1.

Priority Lien. The Building Official or the City may file a certificate of Priority Lien and Special Assessment of the General Tax Levy with the Office of the Alameda County Clerk-Recorder. for recordation on the property title which shall be a priority lien against the property described therein until such amounts with accruing interest have been paid in full. The amount of such lien shall draw interest thereon at a rate as established in the Master Fee Schedule or such higher rate as may be established by the Alameda County Tax Assessor and Tax Collector for collection of municipal and county taxes from and after the date of service of such demand. The statute of limitations shall not run against the right of City of Oakland to enforce payment.

2.

Special Assessment of the General Tax Levy. The Building Official or the City may transmit such amounts with accrued interest to the Alameda County Tax Assessor and Tax Collector, who shall thereupon enter a Special Assessment of the General Tax Levy on the County Assessment Book opposite the description of the particular lot or parcel of land, and such Special Assessment shall be collected together with all other taxes levied against the property. Such Special Assessment shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale, in the case of delinquency, as provided for all other municipal and county taxes against the property, and all laws applicable to the levy, collection, and enforcement of general property taxes are hereby made applicable to such special assessment.

3.

Nuisance Abatement Lien. The Building Official or the City may file a Nuisance Abatement Lien with the Alameda County Clerk-Recorder for recordation on the property title which shall, from the date of recordation, have the force, effect, and priority of a Judgment Lien. Such Nuisance Abatement Lien may be foreclosed by an action brought by the City of Oakland for a money judgment.

D.

Service.

1.

Demand for Payment. The initial Demand shall be served to the record owner of the property by one or more of the following methods of service:

a.

Mailing with regular postage to the owner's address as it appears on the last equalized assessment roll of the Alameda County Tax Assessor, or as otherwise may be known to the Building Official; or

b.

Personal delivery with acknowledged receipt; or

c.

Public notification, including but not limited to the following:

i.

Publication in a newspaper of general circulation; or

ii.

Conspicuous posting on or in the vicinity of the property.

2.

Nuisance Abatement Lien. The notice of a Nuisance Abatement Lien 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. Whenever the record owner cannot be found after diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for not less than ten (10) calendar days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062.

Failure to serve any person required by this Code to be served or failure of such person to receive such notification shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by this Code.

E.

Notice Content.

1.

Priority Lien. Such liens authorized by this Code shall specify the amount of the lien, identify the agency of the City on whose behalf the lien is imposed, identify the street address (where assigned by the City) and parcel number assigned by the Alameda County Tax Assessor of the property on which the assessment is imposed, and the name and address of the record owner of the property.

2.

Nuisance Abatement Lien. Such lien authorized by this Code shall specify the amount of the lien, identify the agency of the City on whose behalf the lien is imposed, the date of the abatement order, the street address (where assigned by the City), the legal description of the property and the parcel number assigned by the Alameda County Tax Assessor on which the lien is imposed, and the name and address of the record owner of the property

F.

Lien Release. In the event that a priority lien or a nuisance abatement lien is discharged or satisfied, either through payment in full or foreclosure, a notice of such action shall be filed with the Alameda County Clerk-Recorder for recordation on the property title.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)