§ 9-8.1208. Statement of Expense.

(a)

At the time fixed for the hearing of the statement of expense the Board of Building Appeals shall consider the statement, together with any objections or protests which may be raised by any of the property owners liable to be assessed for doing the work and any other interested persons; and thereupon the Board may make such revision, correction, or modification in the statement as it may deem just, after which, by motion or resolution, said report as submitted, or in the event any revisions, corrections or modifications have been ordered made by the Board, then said statement as revised, corrected or modified, shall be confirmed. The Board may adjourn said hearings from time to time and its decisions on said statement and on all protests and objections which may be made shall be final and conclusive.

(b)

In the event that the cost for razing or removing the nuisance exceeds the proceeds received from the sale of any materials, then the amount of the net expense of abating the nuisance, if not paid within five (5) days after the decision of the Board on its statement, shall constitute a lien on the real property upon which the same was abated or removed, which lien shall continue until the amount thereof and interest thereon at the rate of six (6) percent per annum, computed from the date of confirmation of the statement until paid, or until it is discharged of record. This lien shall, for all purposes, be upon parity with the lien of state, county, and municipal taxes. In the event of nonpayment, the Board shall, at any time within sixty (60) days after its decision on the statement, cause to be filed in the office of the County Recorder of the County of Stanislaus a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the undersigned by Division 13, Part 1.5 of the Health and Safety Code and California Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of California, the undersigned did on the ___ day of ________, 20,___ cause a nuisance to be abated on the real property hereinafter described; and the undersigned did on the ___ day of ________, 20___, by action duly recorded in its official minutes as of that date, assess the cost of the abatement, less the amount received from the sale of any building materials upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the City of Modesto does hereby claim a lien on the real property for the net expense of the doing of the work in the sum of $________, and the same shall be a lien upon the real property until the sum, with interest at the rate of 6 percent per annum, from the ___ day of ________, 20___, [insert date of confirmation of statement] has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Modesto, County of Stanislaus, State of California and particularly described as follows:

[Insert legal description of the property here]

Dated:___________

CITY OF MODESTO

By: ___________

(Name)
Chief Building Official

(c)

From and after the date of the recording of said Notice of Lien all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the enforcement agency to enforce the payment of said lien.

(d)

In the event that the amount received from the sale of material exceeds the expenses of razing or removing such building, then such excess shall be deposited with the Finance Director of the City of Modesto to the credit of the owner of said property, or to such other person legally entitled thereto, and such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership satisfactory to the Director of Finance.

(Ord. 3513-C.S., § 2, effective 6-12-09)