California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 1 - State Housing Law Regulations and Earthquake Protection Law Regulations › Subchapter 1 - State Housing Law Regulations › Article 6 - Actions and Proceedings › Section 70 - Statement of Expense

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
					 the time fixed for the hearing of the statement of expense the governing board
					 of the enforcement agency shall consider the statement, together with any
					 objections or protests which may be raised by any of the property owners liable
					 to be assessed for doing the work and any other interested persons; and
					 thereupon said governing board may make such revision, correction, or
					 modification in the statement as it may deem just, after which, by motion or
					 resolution, said report as submitted, or in the event any revisions,
					 corrections or modifications have been ordered made by said governing board
					 then said statement as revised, corrected or modified, shall be confirmed. The
					 board may adjourn said hearings from time to time and its decisions on said
					 statement and on all protests and objections which may be made shall be final
					 and conclusive.
(b) In the event
					 that the cost for razing or removing the nuisance exceeds the proceeds received
					 from the sale of any materials, then the amount of the net expense of abating
					 the nuisance, if not paid within five days after the decision of the governing
					 board on its statement, shall constitute a lien on the real property upon which
					 the same was abated or removed, which lien shall continue until the amount
					 thereof and interest thereon at the rate of 6 percent per annum, computed from
					 the date of confirmation of the statement until paid, or until it is discharged
					 of record. This lien shall, for all purposes, be upon parity with the lien of
					 State, county, and municipal taxes. In the event of nonpayment, the governing
					 board shall, at any time within 60 days after the decision of the governing
					 board on the statement, cause to be filed in the office of the county recorder
					 of the county in which the property is located a certificate substantially in
					 the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the undersigned by
						Division 13, Part 1.5 of the Health and Safety Code and California Code of
						Regulations, Title 25, Chapter 1, Subchapter 1, of the State of California, the
						undersigned did on the __________ day of__________, 20___, cause a nuisance to
						be abated on the real property hereinafter described; and the undersigned did
						on the __________ day of__________, 20___, by action duly recorded in its
						official minutes as of that date, assess the cost of the abatement, less the
						amount received from the sale of any building materials upon the real property
						hereinafter described, and the same has not been paid nor any part thereof; and
						the __________ (enforcement agency) does hereby claim a lien on the real
						property for the net expense of the doing of the work in the sum of
						$__________, and the same shall be a lien upon the real property until the sum,
						with interest at the rate of 6 percent per annum, from the __________ day
						of__________, 20___, (insert date of confirmation of statement) has been paid
						in full and discharged of record. The real property hereinbefore mentioned, and
						upon which a lien is claimed, is that certain piece or parcel of land lying and
						being in the City of__________, County of__________, State of__________, and
						particularly described as follows:
Dated___________________________
___________________________
(Name of enforcement agency)
By ___________________________
(Name of officer)
(c) From and after the date of the recording
					 of said notice of lien all persons shall be deemed to have had notice of the
					 contents thereof. The statute of limitations shall not run against the right of
					 the enforcement agency to enforce the payment of said lien.
(d) In the event that the amount received
					 from the sale of material exceeds the expenses of razing or removing such
					 building, then such excess shall be deposited with the treasurer of the
					 enforcement agent to the credit of the owner of said property or to such other
					 person legally entitled thereto, and such excess shall be payable to said owner
					 or other person on demand and upon producing evidence of ownership satisfactory
					 to said treasurer.
1. Change
						without regulatory effect amending subsection (b) filed 6-23-2004 pursuant to
						section 100, title 1, California Code of Regulations (Register 2004, No.
						26).
Note: Authority cited: Sections 17003.5, 17921, 50061.5
						  and 50559, Health and Safety Code. Reference: Section 17951, Health and Safety
						  Code.