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California Government Code Section 38773.5

Legal Research Home > California Laws > Government Code > California Government Code Section 38773.5

38773.5.  (a) As an alternative to the procedure authorized by
Section 38773.1, the legislative body may by ordinance establish a
procedure for the abatement of a nuisance and make the cost of
abatement of a nuisance upon a parcel of land a special assessment
against that parcel.
   (b) A city may, by ordinance, provide for the recovery of
attorneys' fees in any action, administrative proceeding, or special
proceeding to abate a nuisance. If the ordinance provides for the
recovery of attorneys' fees, it shall provide for recovery of
attorneys' fees by the prevailing party, rather than limiting
recovery of attorneys' fees to the city if it prevails. The ordinance
may limit recovery of attorneys' fees by the prevailing party to
those individual actions or proceedings in which the city elects, at
the initiation of that individual action or proceeding, to seek
recovery of its own attorneys' fees. In no action, administrative
proceeding, or special proceeding shall an award of attorneys' fees
to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the city in the action or proceeding.
   (c) Any procedure established pursuant to this section shall
include notice, by certified mail, to the property owner, if the
property owner's identity can be determined from the county assessor'
s or county recorder's records. The notice shall be given at the time
of imposing the assessment and shall specify that the property may
be sold after three years by the tax collector for unpaid delinquent
assessments. The tax collector's power of sale shall not be affected
by the failure of the property owner to receive notice. The
assessment may 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 the same procedure and sale in case of
delinquency as provided for ordinary municipal taxes. All laws
applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to the special assessment. However, if any real
property to which the cost of abatement relates has been transferred
or conveyed to a bona fide purchaser for value, or if a lien of a
bona fide encumbrancer for value has been created and attaches
thereon, prior to the date on which the first installment of the
taxes would become delinquent, then the cost of abatement shall not
result in a lien against the real property but instead shall be
transferred to the unsecured roll for collection.
   (d) A local agency that has imposed an assessment pursuant to this
section may, subject to the requirements applicable to the sale of
property pursuant to Section 3691 of the Revenue and Taxation Code,
conduct a sale of vacant residential developed property for which the
payment of that assessment is delinquent.
   (e) Notices or instruments relating to the abatement proceeding or
special assessment shall be entitled to recordation.

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Last modified: March 17, 2014