17980.2
. (a) If the enforcement agency, in accordance with Section
17980.1, shall desire that the receiver obtain a lien for costs
incurred in connection therewith in favor of the enforcement agency,
the enforcement agency, within five days after the service of the
abatement order upon the owner, shall serve a copy of the abatement
order upon the lienor and mortgagee of record personally or by
registered mail, return receipt requested, at the address set forth
in the recorded mortgage or lien. A notice addressed to the mortgagee
and lienor shall be appended to the copy of the abatement order,
stating that in the event the unsafe conditions are not removed or
remedied in the manner and within the time specified in the abatement
order, the enforcement agency may apply to the superior court for an
order to show cause why a receiver shall not be appointed.
(b) The enforcement agency or a receiver appointed pursuant to
this section and Section 17980.1 may record a lien against the real
property on which the building is located for the expenses
necessarily incurred in the execution of the abatement order, for
work done in carrying out the abatement order, and for the costs
incurred by the county recorder in recording the lien.
Notwithstanding Section 6103 or 27383 of the Government Code, the
county recorder may charge a fee to any party for the cost, incurred
pursuant to this section, of recording the lien at the request of
that party. Liens authorized by this subdivision shall specify the
amount of the lien, the name of the agency or agencies on whose
behalf the lien is imposed, the date of the abatement order or the
order of the court which required the work to be done, the name of
the receiver, if any, appointed pursuant to Section 17980.1, and the
legal description assessor's parcel number, and the record owner of
the real property. The lien shall be recorded in the office of the
county recorder of any county in which all or any portion of the real
property is located, and from the date of recording shall have the
force, effect, and priority of a judgment lien. The enforcement
agency may defer payment of the lien until the property is sold or
the enforcement agency may require that the lien be paid in
installments. The amount of the lien authorized by this subdivision
shall in no event exceed the reasonable costs of repair, as
determined pursuant to Section 17980.3. Nothing in this section or in
Section 17980.3 shall authorize the forced sale of the property to
secure payment of the judgment lien.
(c) Whenever the enforcement agency has incurred expense for which
payment is due under this section, Section 17980.3, or 17980.4, the
enforcement agency may institute and maintain a suit against the
owner of the building, and may recover the amount of that expense. In
any case where expenditures have been made, or obligations incurred,
by a receiver pursuant to Section 17980.3, and these are not paid or
reimbursed from rents and income of the building, the receiver may
institute and maintain a suit against the owner to recover the
deficiency. Upon the awarding of a money judgment in any action
authorized by this section, until the same is paid or discharged, the
judgment shall be a lien like other judgments, pursuant to Chapter 2
(commencing with Section 697.010) of Division 2 of Title 9 of Part 2
of the Code of Civil Procedure.
(d) Unless, within six months after actual notice, proceedings to
discharge the lien are undertaken by the party against whom, or
against whose premises, a lien is claimed, the filing shall, as to
all persons having actual notice, become conclusive evidence that the
amount claimed in the lien, with interest, is due, and is a just
lien upon the premises.
(e) Where there is more than one owner, except as the owners may
have otherwise mutually agreed, any owner who removes or remedies the
unsafe condition shall be entitled to recover a proportionate share
of the total expense of the compliance from all other owners to whom
the abatement order was issued.