The current version of Section 8.28.060 of the Shasta County Code Concerning Nuisances does not specifically allow for the collection of the costs of notifications and service, agency staff time or attorney’s fees or provide for a specific due process procedure. Unpaid costs can be collected as a special assessment (superior lien) under Government Code § 25845. They can be placed on the tax roll, interest accrues, and the special assessment is collected with a “super priority” status in the same manner as taxes. Additionally, the property is subject to sale for failure to pay the special assessment.
Under Government Code § 25845, a “notice of abatement lien” may also be recorded to recover the abatement costs that were established by the special assessment. This additional “notice of abatement lien” for specially assessed abatement costs is important to maintain the super priority status of the special assessment. If the property is transferred to a new owner, or a new lien is recorded by a different creditor, without such a “notice of abatement lien” being recorded for the specially assessed abatement costs, then the costs of the abatement lose their “super priority status” as taxes on the secured tax roll and are transferred to the unsecured tax roll. Government Code § 25845(f).
The amendment of Section B will permit the collection of costs of notifications and service, agency staff time and/or attorney’s fees if so awarded by an independent hearing officer.
Additionally, adding Section C will provide for the accrual of interest on the principal cost of unsatisfied portions of the cost that have been imposed.
Lastly, adding Sections D through H will provide a specific due process procedure that can be used by any aggrieved parties.