§ 5-40.07. Billing and collection of response costs.

(a)

The response costs shall also be deemed a civil penalty and are collectable pursuant to the procedures in Chapter 8 of Title 1 of this Code. A person owing such costs shall be liable in an administrative civil proceeding for recovery for such fees.

(b)

If the responsible person is a juvenile, then the juvenile's parents or guardians shall be liable for the response costs.

(c)

Any citation issued for a violation of this chapter shall contain, at a minimum, the following information:

(1)

The name(s) of the person(s) being held liable for the payment of such costs;

(2)

The address of the residence or other private property where the gathering of underage drinkers occurred;

(3)

The date and time of the response;

(4)

The law enforcement, fire or emergency service provider who responded;

(5)

The date(s) and time(s) of any previous warning(s) given pursuant to Section 5-40.06 and/or previous responses to gatherings of underage drinkers at the residence or other private property in question within the previous six (6) months;

(6)

An itemized list of the response costs for which the person(s) is being held liable. The police shall calculate and compile an itemized list of the applicable response costs; and

(7)

The imposition of a lien on the subject property in the event of nonpayment of response costs.

(d)

If a timely request for an administrative hearing pursuant to Section 1-8.109 is not made, such costs, if unpaid within thirty-five (35) days of notice, shall become a lien against the property as is authorized by Government Code Section 38773.1.

(e)

If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be responsible for any costs pursuant to this section, such costs, if unpaid within thirty-five (35) days of notice of the final determination, shall become a lien against the property as is authorized by Government Code Section 38773.1.

(f)

Under either subsections (d) and (e) of this section, a notice of a lien shall be filed with the County Recorder's Office which states the identity of the record owner or possessor of the property, the date upon which the citation was issued, a description of the real property subject to the lien, and the amount of the abatement costs incurred to date. The notice shall be served on the record owner as required in Government Code Section 38773.1. It is the intent of the City Council that abatement costs incurred after the filing of the Notice of an Abatement Lien relates back to the date upon which the lien was recorded for purposes of priority; however, in order to preserve its rights, after all abatement costs have been incurred and the abatement is complete, the City shall cause a supplemental Notice of an Abatement Lien to be recorded. The supplemental notice shall contain all of the information required for the original notice and shall also refer to the recordation date and recorder's number of the original notice.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)