§ 1.16.140. Recordation of notices in abatement proceedings.  


Latest version.
  • A.

    Notice of pendency.

    (1)

    Whenever the county institutes a judicial action or proceeding to enforce a land use ordinance, a notice of pendency of the action or proceeding may be filed with the county recorder's office. the notice may be filed at the time of the commencement of the action or proceeding and upon recordation of the notice, shall have the same effect as a notice recorded in compliance with Section 405.20 et seq. of the California Code of Civil Procedure, and as amended.

    (2)

    Upon motion of a party to the judicial action or proceeding, the notice of pendency may be vacated upon an appropriate showing of need therefore by an order of a judge of the court in which the action or proceeding is pending.

    B.

    Notice of pendency of administrative proceedings.

    (1)

    Whenever a notice of violation has issued pursuant to this ordinance, the enforcement officer may record a notice of pendency of administrative proceedings with the office of the county recorder and shall notify the owner of the property of such action.

    (2)

    The notice of pendency of administrative proceedings shall describe the real property, shall set forth the non-complying conditions, and shall state that all current or subsequent owners of the property may be liable for abatement costs pertaining to any violation of land use ordinances and that the abatement costs may be affixed as a lien and special tax assessment on the real property.

    (3)

    A release of notice of pendency of administrative proceedings may be recorded after the enforcement officer has confirmed that each violation described in the notice of pendency of administrative proceedings has been abated and all related abatement costs have been reimbursed to the county.

    (c)

    Notice of noncompliance. any notice of non compliance issued or recorded by the enforcement officer in abatement proceedings prior to the effective date of this ordinance amendment shall remain in full force and effect.

(Ord. No. 725.14, § 14, 3-15-2011)