1. (a) The department will, as necessary, levy property liens on an owner who violates any provision of Water Code, Division 3, Part 1, implementing regulations, or any department approvals, orders, or requirements issued under Water Code, Division 3, Part 1 or implementing regulations. If the department decides to levy property liens, the department shall record a lien with the appropriate county recorder to recover all penalties imposed, fees, interest, and costs charged to the owner under this article, including the following:

   1. (1) Administrative civil penalties.
   2. (2) Fees, interest, and penalties, as required by statute.
   3. (3) Cost of preparing an EAP and inundation maps.

2. (b) Before recording a lien, the department shall provide the dam owner notice and an opportunity for a hearing to contest the amount of the lien.

   1. (1) The notice shall be provided at least thirty (30) calendar days before the hearing.

   2. (2) The notice shall include the following information:

      1. (A) Identification of the department as the entity on whose behalf the lien is to be imposed.
      2. (B) The department's authority for the imposition of the lien.
      3. (C) A legal description and assessor's parcel number for the real property upon which the lien is to be imposed.
      4. (D) The amount of the lien.
      5. (E) The name of the property owner of record.
      6. (F) The time and date of a hearing before the department at which time the owner may appear to contest the amount of the lien.
3. (c) Hearings described in subsection (b) shall be conducted in accordance with section 337.14.
4. (d) Upon recordation, the lien shall continue until it is released by the department in the applicable county.

Note: Authority cited: Section 6078, Water Code. Reference: Sections 6428, 6429, 6431 and 6432, Water Code.

History

1. New section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 38).