a.There is hereby established the following procedure for collection of any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the City in connection with real property, by recordation of a lien against the subject real property.

b.Upon determination by the City Manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the City has not been satisfied in full within ninety days and/or not been successfully challenged by a timely writ of mandate, the City Manager or his designee shall recommend that the City Council adopt a resolution confirming imposition of the debt and approving the filing of a lien against the subject real property.

c.The resolution shall state the amounts due and owing, the name of the agency imposing the lien (City of Monterey), the date of the order or other notice describing the property violation or nuisance in question, the street address, legal description and assessor’s parcel number of the subject property, and the name and address of the recorded owner of the property.

d.A copy of the resolution shall be served on the property owner, along with notice to the property owner that a lien in the amounts stated in the resolution will be filed against the subject property in the Monterey County Recorder’s Office.

e.The notice set forth in subsection (d) above shall be served in the same manner as summons in a civil action in accordance with Code of Civil Procedure § 415.10 et seq. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Monterey County.

f.Following proper notice to the owner of record as provided in subsection (e) above, the resolution and notice shall be recorded as a lien with the county recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the provisions of Sections 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

g.Interest at the legal rate per year shall accrue on the principal amount of the lien until satisfied pursuant to law.

h.A lien pursuant to this section may be foreclosed by an action brought by the City for a money judgment.