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The county governing body can petition the courts for the summary abatement of a property that is a nuisance to a community at the expense of the owners of a property that is creating, causing, or committing a cause for an abatement order action. It is a personal obligation of the owner of a property to maintain their property according to the city ordinance. If the owner fails to maintain their property according to city ordinance, an abatement order can be issued, and a lien recorded against their property. This is in accordance with Section 38773.1
Nuisance abatement liens authorized by this section shall state the amount of the lien, the name
of the agency from the lien that imposed it. It must also specify the date of the abatement order,
the street address, legal description, and assessor's parcel number of the parcel on which the lien
is imposed, and the name and address of the recorded owner of the parcel.
Foreclosure may be imposed due to a nuisance abatement lien action brought by the city for a
money judgment.
The government has the authority to cause forced sale if the property is a public nuisance due to
the property being in a dilapidated state and has code violations. The forced sale of private
property based on public nuisance grounds is within the government’s police powers.
Eminent domain is not required When the government is acting to protect the health, safety, and
welfare of the community if a property is a public nuisance. liens may become subordinate to
code violations and receivership costs in the event of a forced sale. The property is responsible
for all cost regarding an abatement order case.