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A. Accrual of Costs. If attempts to obtain voluntary compliance are unsuccessful at the investigatory level (SCC 1.17.060), from the point in time of referral to County Counsel, all costs of enforcement shall be accrued to the violator and the violator’s property interests in issue.

B. Includable Costs. Costs shall include the costs of all involved departmental personnel time, County Counsel’s fees and costs, any special counsel fees and costs and all cost of document reproduction, telephone charges, postage, travel and any and all other directly related costs (collectively referred to as “costs”).

C. Charging of Costs. Costs shall be chargeable to the violator if the county is the prevailing party in any enforcement action or actions against the violator.

D. Assessment and Collection of Costs. All costs shall be accrued against the violator and/or the parcel upon which the violation occurs. If the violation pertains to a parcel of real property within Sierra County, the costs shall be accrued against the parcel and shall become a lien thereon. Such costs shall be paid in addition to any fees and costs for the issuance of any permit pertaining to the subject parcel. No permit pertaining to the subject parcel shall be issued until such costs are paid in full. All costs accrued in all departments shall regularly be transmitted to the Code Enforcement Officer for compilation.

E. Costs – Certification – Protest. After the abatement action is completed or at such other time the Code Enforcement Officer deems appropriate, the Code Enforcement Officer shall determine the total cost involved in the abatement and shall certify that amount to the County Auditor. A copy of this certification shall be sent by the Code Enforcement Officer to the code violator or to the owners of the property on which the nuisance had been maintained, whichever is applicable.

1. Protest of Costs. Should such parties wish to contest the amount of the cost, the party must file a written notice of protest with the Clerk-Recorder no later than 15 days after the date of mailing of the certification to such party. The Board of Supervisors shall hear the contest as soon as the Board deems it feasible, but in no event later than 60 days after receipt of the notice of protest. At such protest hearing, the Board of Supervisors shall hear from the Code Enforcement Officer, the County Auditor and the protesting party(ies), and the Board of Supervisors’ decision on the matter shall be final. The only issue at the certification hearing shall be the substantiation of costs – not the issue or issues pertaining to the underlying code enforcement or nuisance abatement.

2. Further Appeal. In the event the protesting party(ies) wish to appeal the decision of the Board of Supervisors regarding the costs of abatement, such an action must be brought in a court of competent jurisdiction within 15 days of the decision of the Board of Supervisors.

3. Interest. Interest will accrue at the rate of one-half percent per month if payment is not made within 30 days after certification, unless appealed, and in such event, interest shall be waived until 30 days after the Board of Supervisors’s decision pursuant to this section.

F. Costs – Special Assessment. If the certified costs are not paid, the Auditor shall be responsible for the levy of a special assessment against the parcel(s) on which the nuisance was abated and for notifying the Sierra County Tax Collector of such levy. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, if not otherwise collected in the permit process (subsection (D) of this section), and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment; except, that if any real property to which such cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which a notice of abatement lien is recorded pursuant to subsection (G) of this section, then such cost of abatement shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection. If the costs are paid through the permitting process, or otherwise, the lien shall be released.

G. Abatement Lien. Concurrently with mailing a copy of the certification to the owner(s), the Code Enforcement Officer shall, on behalf of the Board of Supervisors, cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered by the Board of Supervisors and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost.

H. Effect of Abatement Lien. Recordation of a notice of abatement lien pursuant to subsection (G) of this section has the same effect as recordation of an abstract of a money judgment recorded pursuant to California Code of Civil Procedure, Title 9, Division 2, Part 2, Chapter 2, Article 2 (commencing with Cal. Civ. Proc. Code § 697.310). The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the Board of Supervisors, or any county officer authorized by the Board of Supervisors to act on its behalf, an abatement lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated. (Ord. 775, eff. 9/19/91)