A. If a judicial order authorizes the City to abate a public nuisance or the City summarily abates a public nuisance pursuant to Larkspur Municipal Code Section 9.24.130, the Enforcement Officer shall keep an accounting of the cost of abatement and shall render a written report to the City Council showing the cost of removing and/or abating the nuisance. Before the report is submitted to the City Council, a copy shall be posted for at least three (3) business days on the City Hall bulletin board with a notice of the time and place when the report will be submitted to the City Council for confirmation. A copy of the report and notice shall be mailed to the violator, or the owner of the property where the nuisance existed if the nuisance concerned real property, at the address shown on the last tax roll. The copy of the report and notice shall be mailed at least ten (10) days prior to the submission of the report to the City Council.

B. At the time and place fixed for receiving and considering the report, the City Council shall hear a summary of the report and any objections by the violator or property owner against whom the cost of abatement is being charged or against whose property an abatement lien or special assessment may be imposed for the cost of abatement. After considering the report and any objections thereto, the City Council may make such modifications to the report as it deems appropriate, after which the report shall be confirmed by resolution or order.

C. Any fines or penalties imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any expenses of enforcement, and the cost or expenses associated with the abatement of a public nuisance that are levied in accordance with this chapter may be enforced by the recordation of a lien against the property of the violator or the owner of the real property where the nuisance condition existed. Any such lien shall be recorded in the County Recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by this section shall specify the amount of the lien, the name of the city on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the parcel. Before recordation of a lien authorized by this section, notice shall be served on the owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found, after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in Marin County, California. Any fee imposed on the City by the County Recorder for costs of processing and recording the lien and the cost of providing notice to the property owner in the manner described herein may be recovered from the property owner in any foreclosure action to enforce the lien after recordation.

D. As an alternative to the lien procedure described above, any fines or penalties imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any expenses of enforcement, and the cost or expenses associated with the abatement of a public nuisance that are levied in accordance with this chapter, may become a special assessment and lien against the real property where the nuisance condition existed. Any special assessment imposed on real property pursuant to this section 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 the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property, pursuant to this section, shall be given to the property owner by certified mail, and shall contain the information set forth in Government Code Section 38773.5(c). All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such special assessment. (Ord. 1040 § 2, 2019)