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03
City of Pleasanton
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CITY CLERK
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2011
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101811
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10/13/2011 3:13:22 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/18/2011
DESTRUCT DATE
15Y
DOCUMENT NO
03
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California Government Code Section 38773.5 <br /> (a) As an alternative to the procedure authorized by <br /> Section 38773. 1, the legislative body may by ordinance establish a <br /> procedure for the abatement of a nuisance and make the cost of <br /> abatement of a nuisance upon a parcel of land a special assessment <br /> against that parcel. <br /> (b) A city may, by ordinance, provide for the recovery of <br /> attorneys' fees in any action, administrative proceeding, or special <br /> proceeding to abate a nuisance. If the ordinance provides for the <br /> recovery of attorneys' fees, it shall provide for recovery of <br /> attorneys' fees by the prevailing party, rather than limiting <br /> recovery of attorneys' fees to the city if it prevails. The ordinance <br /> may limit recovery of attorneys' fees by the prevailing party to <br /> those individual actions or proceedings in which the city elects, at <br /> the initiation of that individual action or proceeding, to seek <br /> recovery of its own attorneys' fees. In no action, administrative <br /> proceeding, or special proceeding shall an award of attorneys' fees <br /> to a prevailing party exceed the amount of reasonable attorneys' fees <br /> incurred by the city in the action or proceeding. <br /> (c) Any procedure established pursuant to this section shall <br /> include notice, by certified mail, to the property owner, if the <br /> property owner's identity can be determined from the county assessor' <br /> s or county recorder' s records. The notice shall be given at the time <br /> of imposing the assessment and shall specify that the property may <br /> be sold after three years by the tax collector for unpaid delinquent <br /> assessments. The tax collector' s power of sale shall not be affected <br /> by the failure of the property owner to receive notice. The <br /> assessment may be collected at the same time and in the same manner <br /> as ordinary municipal taxes are collected, and shall be subject to <br /> the same penalties and the same procedure and sale in case of <br /> delinquency as provided for ordinary municipal taxes. All laws <br /> applicable to the levy, collection and enforcement of municipal taxes <br /> shall be applicable to the special assessment. However, if any real <br /> property to which the cost of abatement relates has been transferred <br /> or conveyed to a bona fide purchaser for value, or if a lien of a <br /> bona fide encumbrancer for value has been created and attaches <br /> thereon, prior to the date on which the first installment of the <br /> taxes would become delinquent, then the cost of abatement shall not <br /> result in a lien against the real property but instead shall be <br /> transferred to the unsecured roll for collection. <br /> (d) A local agency that has imposed an assessment pursuant to this <br /> section may, subject to the requirements applicable to the sale of <br /> property pursuant to Section 3691 of the Revenue and Taxation Code, <br /> conduct a sale of vacant residential developed property for which the <br /> payment of that assessment is delinquent. <br /> (e) Notices or instruments relating to the abatement proceeding or <br /> special assessment shall be entitled to recordation. <br />
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