1.09.100 Collection of fines.
A. All fines assessed shall be payable to the Pinedale County Water District.
B. The failure of any person to timely pay a fine assessed by Administrative Citation or final administrative decision shall result in an assessment of an additional late fee to be charged. The amount of a late fee shall be ten percent (10%) of the total amount of the administrative fine owed.
C. The failure of any person to timely pay a fine assessed by Administrative Citation or final administrative decision constitutes a debt owed to the District. To enforce that debt, the General Manager, or his/her/their designee, may cause to be filed a claim with the Small Claims or other appropriate court.
D. The General Manager, or his/her/their designee, may also pursue any other legal remedy to collect such money owed, including but not limited to, contracting for collection, or the imposition of an assessment lien as set forth below:
1. The General Manager, or his/her/their designee, may impose a special assessment against the property that is the subject of an Administrative Citation, if the Administrative Citation has been issued to a property owner for the amount of the fine, plus late fees, plus an administrative charge established by resolution of the Board of Directors to reimburse the District for costs of imposing the assessment, the assessment shall be imposed by the following procedures:
a. The Board of Directors shall confirm the amount to the assessment at a regularly scheduled meeting or at a special meeting.
b. The property owner and any holder of the mortgage or deed of trust of record shall be notified of the meeting to confirm the assessment in accordance with the notice requirement of this Chapter.
c. After conformation by the Board of Directors, the General Manager, or his/her/their designee, shall record a Notice of Lien in the office of the County Recorder. When so made, confirmed, and recorded, the confirmed amount shall constitute a lien on that property for the amount of the assessment.
d. After conformation and recordation, a copy may be filed with the tax collector for the Pinedale County Water District. The tax collector shall add the amount(s) of the respective assessment(s) to the next regular tax bill or bills levied against the property subject to the lien. Those amounts shall be collected at the same time and in the same manner as ordinary Pinedale County Water District taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale in the cases of a delinquency as provided for with ordinary Pinedale County Water District taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the matter and means provided by law. The notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
Pursuant to Title 1 Chapter 9 of the Pinedale County Water District Code, the General Manager, or his/her/their designee, of the Pinedale County Water District did on or about the ____ day of _____________, 20___, assess the cost of administrative fines and penalties on the real property hereinafter described; and the same has not been paid nor any part thereof and the Pinedale County Water District does hereby claim a lien for such fines and penalties, in the amount of $________. Said amount shall be a lien upon the real property until it has been paid in full and Discharged of record.
The real property, upon which a lien is claimed, is that certain parcel of land in the Pinedale County Water District, County of Fresno, State of California, more particularly described as follows:
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Dated this _____ day of ______________, 20___
PINEDALE COUNTY WATER DISTRICT
By:_______________________________
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[Print Name and Title]
E. If the failure by any person to pay a fine assessed by Administrative Citation results in the filing of an action in any court of proper jurisdiction, to collect the fine, the Pinedale County Water District shall be entitled to collect all costs, including reasonable attorney’s fees, associated with the filing of such actions.
F. The payment of a fine or fines shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the District. [Ord. 2022-2 § 4, 2022; Ord. 2014-1 § 5, 2014.]