Gholwan Mechammil v. City of San Jacinto

MEMORANDUM

The primary question in this case is whether cities in California may impose a special assessment or attach a lien to real property' to collect fines or penalties for municipal ordinance violations. We hold that California law prohibits cities from doing so. We reverse in part, vacate in part, and affirm in part the district court’s order, and we remand for further proceedings.

1. 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). Mechammil argues that these city ordinances are inconsistent with California state law. We agree.

In support of its ordinances, San Jacinto relies on California Government Code § 53069.4(a)(1), which allows cities to “make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty.” The city “shall set forth by ordinance the administrative procedures that shall govern the imposition,…