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HomeMy WebLinkAboutRES NO 158-02RESOLUTION NO. 158-02 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST ENTRY OR FOR THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on September 9, 2002, in the Risk Management Conference Room of the City of Bakersfield by the City Manager or his designee; and WHEREAS, the City Manager or his designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield: 1. That the Chief Code Enforcement Officer caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A", and made a part hereof by this reference. 2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit "A" are hereby confirmed. 3. The cost of the abatement on the properties as described in Exhibit "A", are hereby made a lien and special assessment against said properties and the Chief Code Enforcement Officer is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1(b)-(c). 4. The assessments enumerated herein are not subject to Proposition 218. 5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1 (c). 6. That the property owners named in said Exhibit "A" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1715 Chester Avenue, Bakersfield, California, at any time prior to the time the lien imposed under Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below. ~INA~ 7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein. .......... 000 .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adol~t_e_d by the Council of the City of Bakersfield at a regular meeting thereof held on SEP l $ZI]IJL , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER f,J~J~ _ APPROVED SEP 18 Z00Z HARVLSY L H.Rt.L - MAYOR of the City of Bakersfield APPROVED as to form: CITY CLERK and Ex Officio. C,I,e/~/k of the Council of the City of Bakersfield¢ BART J. THILTGEN CITY ATTORNEY ~M~D ~EW TH-O M ~ O-N Deputy City Attorney September 4, 2002 r/sep9rm ORIGINAl EXHIBIT"A" REPORT AND ASSESSMENT LIST AND DECLARATION OF RANDALL G. FIDLER IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibit "A": I, Jack T. Leonard, declare: 1. I am the duly appointed Assistant Building Director of the City of Bakersfield, California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal Code. 2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to an order of the Building Director, the Code Enforcement Division removed the public nuisances on the properties listed in Exhibit "A" which is attached hereto and made a part hereof by this reference in August 2002. The costs incurred by the City to remove the public nuisances for each respective property set forth herein are also stated in the attached Exhibit "A". 3. Records of the Bakersfield Building Department reflect that on Au,qust 26, 2002, a copy of Notice of Filing Report and Assessment List for Abatement of Condition Constituting Public Nuisance and of Hearing Thereon was mailed to the owners of the properties and/or posted. 4. The foregoing matters are within my personal knowledge and if called as a witness herein, I could and would competently testify thereto. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 4th day of September 2002, at Bakersfield, California. '~l~%~idng Director ' ORIGINA EXHIBIT'A" REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR FOR ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER APN PROPERTY PROPERTY COST TO ADMIN. TOTAL ADDRESS OWNER DO WORK COST COST 013-060-12-00-7 1905 Baker Street Soza Warner Family Trust $645 $145 $790 1004 Collins Way Bakersfield, CA 93307 172-122-27-00-2 South of 3324 Elda James Sullivan $144 $145 $289 Avenue 11501 Mona Boulevard Los Angeles, CA 90059 405-371-16-00-3 1909 Fern Tree Court Fernando Perez $98 $145 $243 47155 Van Buren Street, Apt 191 Indio, CA 92201-7155 412-171-10-00-9 5404 liana Court Barratt American Inc. $125 $145 $270 5950 Priestly Drive Carlsbad, CA 92008 412-172-01-00-0 901 Kyner Avenue Barratt American Inc. $150 $145 $295 5950 Priestly Drive Carlsbad, CA 92008 120-110-05-00-2 3707 L Street Meg Fabelina Estate $175 $145 $320 5001 E. Commercenter Drive Bakersfield, CA 93309 172-123-08-00-4 3405 Meeks Avenue Joe & Juanita Washington $79 $145 $224 207 S. Kincaid Street Bakersfield, CA 93307 172-123-09-00-7 3409 Meeks Avenue Joe & Juanita Washington $79 $145 $224 207 S. Kincaid Street Bakersfield, CA 93307 172-124-20-00-5 3420 Meeks Avenue James & Rasheed Smith $375 $145 $520 3420 Meeks Avenue Bakersfield, CA 93307 170-141-08-00-2 811 Melwood Street New Century Home Equity Loan $225 $145 $370 400 Countrywide Way, SV35 Simi Valley, CA 93065 172-122-15-00-7 3419 Shellmacher Iskren Azmanov $175 $145 $320 Avenue P.O. Box 625 Wasco, CA 93280-0625 172-133-16-00-0 3604 Shellmacher John C. Washington $600 $145 $745 Avenue 3604 Shellmacher Avenue Bakersfield, CA 93307 011-112-19-00-2 1618 Terrace Way Irwin Mortgage Corporation $375 $145 $520 11800 Exit Five Parkway Fishers, IN 46038 0¢,~,~,~°~ Exhibit "A" Page 2 APN PROPERTY PROPERTY COST TO ADMIN. TOTAL ADDRESS OWNER DO WORK COST COST 011-221-42-00-3 817 Townsley Avenue Ruth B. Cuervo $250 $145 $395 817 Townsley Avenue Bakersfield, CA 93304 120-181-43-00-0 Southeast corner 36th Mushtaq & Rehmat Ahmed $294 $145 $439 & O Street 2808 Cormier Drive Bakersfield, CA 93311 © I~INAt.