Section 115205 Of Article 13. Impounding Of Materials From California Health And Safety Code >> Division 104. >> Part 9. >> Chapter 8. >> Article 13.
115205
. (a) A lien in favor of the people of California shall be
imposed upon any object, building, structure, or premises for the
reasonable amount of expenses and costs incurred by the department in
carrying out the provisions of Section 115185, 115190, 115195, or
115200 if the owner of the property or of any interest therein is the
person responsible for the contamination, and to the extent of the
interest of that person. Notice of lien or notice of intent to impose
a lien shall be posted by the department upon any object, building,
structure, or premises impounded or seized by the department and
notice of lien or notice of intent to impose a lien shall be filed
with the county recorder of the county in which they are located.
The lien shall not become effective until the notice of lien,
particularly identifying the property, the interest subject to the
lien and the name of the owner of record of the property, and the
amount of the lien, is recorded in the office of the county recorder
in the county where the property is located. Upon the recordation,
the lien shall have the same force, effect and priority as if it had
been a judgment lien imposed upon real property that was not exempt
from execution, except that it shall attach only to the property
described in the notice and impounded or seized by the department,
and shall continue for 10 years from the time of the recording of the
notice unless sooner released or otherwise discharged.
(b) The department may at any time release all or any portion of
the property subject to a lien imposed pursuant to subdivision (a)
from the lien or subordinate the lien to other liens and encumbrances
if it determines that the amount owed is sufficiently secured by a
lien on other property or that the release or subordination of the
lien will not jeopardize the collection of the amount owed. A
certificate by the department to the effect that any property has
been released from the lien or that the lien has been subordinated to
other liens and encumbrances shall be conclusive evidence that the
property has been released or that the lien has been subordinated as
provided in the certificate.