Chapter 6.35


6.35.010    Record of cost of abatement.

6.35.020    Assessment lien.

6.35.030    Accrual of interest on city liens and assessments findings.

6.35.040    Alternative actions available – Violation an infraction.

6.35.010 Record of cost of abatement.

(1) The code enforcement officer shall keep an account of the cost, including administrative costs and attorneys’ fees and costs, for abating such nuisance on each separate lot or parcel of land where the work is done by the city. An itemized report shall be provided to the city council showing the cost of abatement, including the rehabilitation, or repair of the property, including any salvage value.

(2) Before the report is submitted to the city council, a copy of the same report shall be posted for at least five days on the property, along with a notice of the time when the report shall be heard by the city council. A copy of the report and notice shall be served to the owners of said property, at least seven calendar days prior to submitting the same report to the city council based on the last equalized assessment roll or the supplemental roll, whichever is more current.

(3) After diligent search, if the owner of record cannot be found, the notice may be served by posting a copy in a conspicuous place upon the property for a 10-day period and publication in a newspaper of general circulation published in the city in which the property is located. Proof of said posting and service shall be made by affidavit filed with the planning department secretary. [Ord. 323 § 1, 2001]

6.35.020 Assessment lien.

(1) The total cost for abating such nuisance, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates. The costs shall be recorded in a “notice of lien” in the city recorder’s office and shall constitute a lien on said property for the amount of such assessment and from the date of recording shall have the force, effect and priority of a judgment lien.

(2) After such confirmation and recordation, a certified copy of the council’s decision shall be filed with the city of Biggs auditor-controller on or before August 1st of each year. It shall be the responsibility of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes. From then on, those amounts shall 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 of ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to such special assessment.

(3) In the alternative, after such recordation, such lien may be foreclosed by an action brought by the city for a money judgment or by any other means provided by law.

(4) Such “notice of lien” for recordation shall be in form substantially as follows:


Pursuant to the authority vested by the provisions of this Chapter of the City of Biggs City Code, the Code Enforcement Officer of the City of Biggs did on or about the ____ day of ________, 20___ cause the Property, hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired in order to abate a public nuisance on said real property, pursuant to an Order to Abate, issued by _____________ on ________________; and the Planning Commission of the City of Biggs did on the ____ day of _________, 20___, assess the cost(s) of such rehabilitation, repair or abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said the City of Biggs does hereby claim a lien on such rehabilitation, repair, or abatement in the amount of said assessment, to wit; the sum of $_______; and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property described above and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Biggs, State of California, owned by _____________ and more particularly described as follows (legal description):


When the lien is discharged, released, or satisfied, either through payment or foreclosure, “Notice of the Discharge” shall be recorded by the government agency and contain the following information:

Name and address of recorded property owner
Street address
State amount of the lien
Name of the agency on whose behalf the lien was imposed
Date of the abatement order
Legal description

A nuisance abatement and the release of the lien shall be indexed in the grantor-grantee index.

Dated this ____day of ________, 20___

City Clerk

[Ord. 323 § 1, 2001]

6.35.030 Accrual of interest on city liens and assessments findings.

(1) The city council finds and declares that the establishment of an interest accrual requirement as to unpaid city liens and assessments upon real property which are of record with the Gridley Herald is a necessary and appropriate exercise of the city council’s police power.

(2) Accrual of Interest on Liens and Assessments. Unless otherwise prohibited by law or regulation, all liens and assessments which are imposed by the council against any real property located in the city of Biggs, recorded on and after the effective date of this chapter shall accrue interest at the rate of eight percent annually until the lien or assessment, including interest thereon, is paid in full. [Ord. 323 § 1, 2001]

6.35.040 Alternative actions available – Violation an infraction.

Nothing in this chapter shall be deemed to prevent the commission from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this chapter constitutes an infraction, as set forth in Chapter 1.20 BMC. The mayor or his/her designee is designated as the enforcement authority. [Ord. 323 § 1, 2001]