§ 4608
572 words·~3 min read·
/ca/public-resources-code/4608A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Before taking any corrective action, other than under Section 4605, the department shall serve a written notice upon the person responsible for the violation. The notice shall include a statement of the corrective action to be taken, a date not less than 30 days from the date of service of the notice by which the corrective action is to be taken, and a statement that if the corrective action is not taken on or before the date specified the department may take corrective action and charge the person for the costs of the corrective action pursuant to Section 4610. The notice shall also include a statement that if the person disagrees for any reason with the proposed corrective action or with the charging of the person with the costs of the corrective action, the person may, within 10 days from the service of the notice, request of the board a public hearing before the board.
(b)The department may record the notice in each county where the land in violation is situated, together with a statement that any and all expenses incurred by the department in taking corrective action pursuant to this article shall be a lien against the land. Upon satisfactory proof that corrective action has been completed, the department shall record a notice to that effect.
(c)Any expenses incurred by the department in taking corrective action shall be a lien upon the real property upon which the action was taken when notice of the lien is recorded. Notice of the lien, particularly identifying the real property upon which the action was taken and the amount of the lien and naming the owner of the property, shall be recorded by the department, in the office of the county recorder of each county in which the property is situated within one year after the first item of expenditures by the department or within 90 days after the completion of the action, whichever first occurs. Upon the recording, the lien shall have the same force, effect, and priority as a judgment lien, except that it shall attach only to the real property described in the notice and shall continue for 10 years from the time of the recording of the notice, unless sooner released or otherwise discharged. The lien may, within 10 years of the time of the recording, or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by recording a new notice in the office of the county recorder where the original notice is recorded, and from the time of the recording the lien shall be extended as to the real property for 10 years, unless sooner released or otherwise discharged. The department may at any time release all or any portion of the real property subject to the lien from the lien or subordinate it 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 real 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 real property has been released or that the lien has been subordinated as provided in the certificate.