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HomeMy WebLinkAboutRES NO 053-2021RESOLUTION NO. 0 5.3 2 0 2:1 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF 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 AND THE DEMOLISHMENT OF DANGEROUS BUILDINGS AND AUTHORIZING COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" and Exhibit "B" 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 was held on March 8, 2021, virtually, utilizing video conferencing tools by the City Manager designee of the City of Bakersfield; and WHEREAS, the City Manager 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 Exhibit "B", 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" and Exhibit "B" are hereby confirmed. 3. The cost of the abatement on the properties as described in Exhibit "A" and Exhibit "B" 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" and Exhibit "B" M9111 pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1600 Truxtun Avenue, Bakersfield, California, at any time prior to the time tf�e o ORIGINAL 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. 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" and Exhibit "B" 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---------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of , the City of Bakersfield at a regular meeting thereof held on APR 9 12021 , by the following vote: AYES' COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREE4AN, GRAY, PARLIER NOES: COUNCILMEMBER t� O NE ABSTAIN: COUNCILMEMBER bA0WFi ABSENT: COUNCILMEMBER�N ONIC JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 12021 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attor ey BY: v VIRIDIANA GAtLARDO-KING J Deputy City Attorney N EXHIBIT "A" REPORT AND ASSESSMENT LIST AND DECLARATION OF DAVID PAQUETTE IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibit "A" and Exhibit "B": I, David Paquette, declare: 1. I am the duly appointed Code Enforcement Supervisor 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" and Exhibit "B" which are attached hereto and made a part hereof by this reference in December 2020, January and February 2021. 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" and Exhibit "B". 3. Records of the Bakersfield Building Department reflect that on February 11, 2021 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 2nd day of April 2021, at Bakersfield, California. e;)4 e4c A tle- I David Paquette Code Enforcemen S ervisor AICF90 m r (DPiG!IN. ' L EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR WHICH DANGEROUS BUILDINGS HAVE BEEN DEMOLISHED APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 1. 007-031-09-00-2 2825 California David Smith & Alene Smith $5,773 $618 $6,391 2 Avenue 7713 Canfield Court 20-5196 Bakersfield, CA 93308 OPiCINAL EXHIBIT "B" REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR DECLARED SUBSTANDARD OR FOR ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER APN PROPERTY ADDRESS 'PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 1. 516-102-07-00-4 153 Acoma Street Adrian Israel Mendoza $0 $422 $422 1 153 Acoma Street 20-4098 Bakersfield, CA 93307 2. 018-180-14-00-3 29 Kincaid Street Theodie Clay $0 $891 $891 1 1005 Casino Street 19-7915 Bakersfield, CA 93307 3. 018-300-10-00-5 302 Tyree Toliver Shaik Saheb MD Inc Pension PI $0 $891 $891 1 Street 5510 Owensmouth Av Apt 224 20-1668 Woodland Hills, CA 91367 4. 010-032-01-00-9 441 1st Street Martin Manuel Flores Lara & $985 $891 $1,876 1 Emilce Lopez 441 1 st Street 20-6623 Bakersfield, CA 93304 5. 124-181-05-00-8 220 Bernard Street Castillo Bernard Plaza LLC $2,805 $891 $3,696 2 1715 S Arapahoe Street 20-6556 Los Angeles, CA 90006 6. 007-170-07-00-0 1815 Blanche Street Patrick Mc Gee $0 $422 $422 2 1815 Blanche Street 20-6323 Bakersfield, CA 93304 7. 009-011-11-00-5 1103 Eye Street Kern Co Real Est Inc $0 $149 $149 2 9530 Hageman Road #13234 20-5714 Bakersfield, CA 93312 8. 015-420-08-00-4 1420 Kentucky Street Borhan Darmal $265 $891 $1,156 2 38 Winfield Drive 20-6651 Ladera Ranch, CA 92694 9. 015-420-03-00-9 1413 Lake Street Janis Long $275 $891 $1,166 2 26247 Clear Creek 20-5400 Keene, CA 93531 10. 015-220-06-00-0 1021 Niles Street Igelsia De Jesucristo Palabra $0 $149 $149 2 27152 Cabrera Avenue 20-5972 Santa Clarita, CA 91350 11. 015-040-14-00-1 1408 Pacific Street Alejo Lopez $0 $149 $149 2 6411 Dena Court 20-5868 Bakersfield, CA 93308 12. 134-433-23-00-9 2705 Puder Street Anilkumar Patel $0 $422 $422 3 2705 Puder Street 20-5844 Bakersfield, CA 93306 13. 146-041-34-00-1 Vacant lot behind Lester Lyons $149 $891 $1,040 3 4000 Fulton Avenue 8536 Kern Canyon Road 20-5133 Bakersfield, CA 93306 14. 449-201-11-00-8 9808 Theodora Terry Lilly & Teresa Lilly $0 $422 $422 4 Avenue 9808 Theodora Avenue 20-3971 Bakersfield, CA 93312 15. 440-071-08-00-0 4525 Meadowlark Jeannie Shain $0 $149 $149 6 Way 4525 Meadowlark Way 20-5749 Bakersfield, CA 93309 16. 023-136-24-00-7 2113 Marshall Street Pedro Cruz $0 $422 $422 7 2113 Marshall Street 20-5392 Bakersfield, CA 93304 17. 515-323-24-00-7 3516 Trojes Avenue James Arthur Wyatt Jr $0 $149 $149 7 3516 Trojes Avenue p,Ak�c 20-6156 Bakersfield, CA 93313 �e UfaiCi! 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