LIENS - CALIFORNIA

Mechammil v. City of San Jacinto

United States Court of Appeals, Ninth Circuit - June 30, 2016 - Fed.Appx. - 2016 WL 3619398

San Jacinto Municipal Code § 1.28.110(C) allows the city to “place a lien on property that is the subject of a citation if the citation has been issued to the current property owner of record.” “[T]he amount of the proposed lien may be collected as a special assessment at the same time and in the same manner as property taxes are collected.” SJMC § 1.28.110(C)(3).

Property owner argued that these city ordinances are inconsistent with California state law.

The Court of Appeal agreed, holding that cities in California cannot attach liens or impose special assessments to collect outstanding nuisance fines or penalties.



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