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Home My Public Portal AboutOrd. 0878T ] 6 ORDINANCE N0. 878 AN ORDINANCE AMENDING CHAPTER 17 OF THE LYNWOOD CITY CODE TO SUPPLEMFNT SECTION H-1002 OF THE 1964 EDITION OF THE UNIFORM BUILDING CODE TO IMPOSE A LIEN FOR THE NET EXPENSE OF ABATING A NUISANCE UNDER THESE SECTIONS AND TO PROVIDE A METHOD OF DISPOSING OF PERSONAL PROPERTY FOUND OR SAVED ON THE PROPERTY. The City Council of the City of Lynwood, California, does hereby ordain as follows: Section 1. There is hereby added to Chapter 17 of the Lynwood City Code Section 17.2 to read as follows: "Section 1~.2. Recovery of cost of repair or demolition. "l. The Building Official shall keep an itemized account of the expense incurred by the city in the repair or demolition o£ any building done pursuant to the provisions of its code. Upon the completion of the work of repair or demolition, said Official shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice. "2. Upon receipt of said report, the City Clerk shall present it to the City Council £or consideration. The City Council shall fix a time, date and place for hearing said report, and any protest or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the city, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the Clerk. Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour, _i_ and place when the Council will hear and pass upon the Official's report, together with any objections or protests which may be filed as hereina£ter provided by any person interested in or affected by the proposed charge. "3• Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the Official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the gounds of such protest or objection the date it was received by him. He shall present such protests or objections to the City Council at the time set for the hearing and no other protests or objections shall be considered. "4. Upon the day and hour fixed for the hearing the City Council shall hear and pass upon the report of the Official together with such objections or protests. The Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the Council is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and conclusive. "5• ~a) General. The City Council may thereupon order that said charge shall be made a personal obligation of the property owner or assess said charge against the property involved. "(b) Personal Obligation. If the City Council orders that the charge shall be a personal obligation of the property owner, it shall direct the City Attorney to collect the same on behalf of the city by use of all appropriate legal remedies. "(c) Special Assessment. If the City Council orders that the charge shall be assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment -z- against and a lien upon theproperty. "6. The validity of any assessment made under the provisions of this Chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action,or proceedings must be perfected within 30 days after the entry of such judgment. "~. (a) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. "(b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of seven per cent per annum from and a£ter said date. "8. After confirmation of the report, certi£ied copies of the assessment shall be given to the County Assessor and the County Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel £or municipai purposes. "9. The amount of the assessment shall 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 procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the lefy, collection and enforcement of municipal taxes shall be applicable to such assessment. "If the City Council has determined that the assessment shall be paid in installments, each installment and any interest -3- thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penal~ies and procedure for sale as provided for ordinary municipal taxes. "10. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Treasurer who shall credit same to the Repair and Demolition Fund." Section 2. There is hereby added to Chapter l; of the Lynwood City Code Section 17.3 to read as follows: "Section 17.3. Disposition of personal property found or saved on any property which is being repaired or demolished pursuant to Sections 17.1 and 17.2 of the Lynwood City Code. The Building Official shall take possession of any goods, things in action or other personal property located in or upon the real property which is being repaired or demolished pursuant to Sections 17.1 and 17.2 of the Lynwood City Code, shall, within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. "Advertisement. If the owner is unknown or has not claimed the property within three months and if the property is of a value of $10 or more the City Manager shall give notice that the said personal property will be sold at public auction, by publishing once in a newspaper of general circulation in the County in which said personal property was saved or found, at least five days before the time fixed therefor. Any property remaining unsold after being offered at public auction may be destroyed or otherwise disposed of by the Building Official." Section 3• There is hereby added to Chapter 17 of the Lynwood City Code Section 17.4 to read as follows: "Sections 1~.2, 17.3 and 17.4 of the Lynwood City Code shall have retroactive application, as well as prospective application." -~- 1. Section 4. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the Lynwood Press, a newspaper printed, published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 4th day of August, 1970, and finally adopted and ordered published at a regular meeting of said Council held on the 18th day of August, 1970, by the following vote: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens Noes: Councilmen None Absent: Councilmen None. a ~ / ~~Lt s,u- ~~ Mayor of th City of Lynwood ATTEST: ~''.l~-GZ,~~Ci-scL"i~', 5~Gc~~Z~C.. 'City+'Clerk, City of'Lynwood S`PATE OF ~ALIFORNIA ) . ss. COUNTY OF LOS ANGELES j i, bhe undersigned, City Clerk of the City of LynU;ced, and =x-oificio clerk of the Council of said city, do h°r~i,y certify that the above is a true and cox-rec~ r_~opy of Ordinance Nc. 878 adopted by the City Coun~'~1 ~~f` th~ City of Lynwood, and that same was passed or. the 1a.e and by the vote 'therein stated. Dated this 19th day of Au~ust , 19~. l~~>A~T~L ~~~~~~/'~-~ ~CLERK, CITY OF LYNWOOD