§ 8.54.420. Assessments.

A.

Penalties and Fines. The assessment of penalties as set forth in Chapters 1.08 or 1.12, or fines as set forth in Section 2929.3 of the California Civil Code shall apply to the enforcement of the provisions of this Chapter. For properties cited pursuant to California Civil Code Section 2929.3 fines and penalties shall be assessed pursuant to that Code Section and the procedures and requirements of that Section and O.M.C. Section 8.54.450.

B.

Interest. Unpaid amounts shall be subject to the assessment of accruing interest as established in the master fee schedule.

C.

Collection. The City may serve a demand (invoice) to the owner for payment of fees, costs, penalties, and accruing interest by mailing with regular postage to the address identified on the statement of registration, or when such statement has not been filed, to the address as it appears on the last equalized assessment roll of the Alameda County Assessor, or as otherwise may be known to the City. Whenever such amounts are not fully paid within 14 calendar days of service, the City may recover unpaid amounts by all available legal means including, but not limited to, civil and small claims court action, and may undertake collection by one or more of the following means:

1.

Priority Lien. The City may file a priority lien with the Alameda County Clerk-Recorder for recordation on the property title which shall be remain as a financial encumbrance until such unpaid amounts with accrued interest have been fully paid. 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 Assessor 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 the City to enforce payment.

2.

Special Assessment of the General Levy. The City may transmit such unpaid amounts with accrued interest to the Alameda County Assessor, who shall thereupon enter a special assessment of the general levy taxes 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 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 for a money judgment.

D.

Pursuant to California Civil Code Section 2929.45, the City of Oakland shall not:

1.

Impose an assessment or lien unless the costs that constitute the assessment or lien have been adopted by the City Council at a public hearing; and

2.

The assessment or lien to recover the costs of nuisance abatement measures taken by the City with regard to property that is subject to a notice of default, that is purchased at a foreclosure sale, or that is acquired through foreclosure under a mortgage or deed of trust, shall not exceed the actual and reasonable costs of nuisance abatement.

E.

The City may recover from the responsible party the costs incurred for processing such demands and liens and non-sufficient funds checks, recording such liens, transferring such special assessments, providing notice for court, collection or foreclosure actions, for other recovery actions, and for reasonable attorneys' fees.

(Ord. No. 13126, § 2, 6-19-2012)