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HomeMy WebLinkAboutRES NO 065-2021RESOLUTION NO. 06 .5" 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 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" 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 April 12, 2021, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; 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 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�0AKF9 to be paid, the charges stated therein at the office of the Treasury Department, 1600 TruxturP Avenue, Bakersfield, California, at any time prior to the time the lien imposed undo o ORIGINAL 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" 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 MAY 0 5 2021 , by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ C32 COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, eA tfflr NOES: COUNCILMEMBER Nc-r%-. ABSTAIN: COUNCILMEMBER O -r -4 -- ABS N :` COUNCILMEMBERX%�tJr APPROVED MAY 0 5 2021 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA ENNARO City Atto ey BY: VIRIDIA GALLARDO-KING Deputy City Attorney J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 2 o``0AKF9� U O ORIGINAL 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": 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" which is attached hereto and made a part hereof by this reference in February and March 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". 3. Records of the Bakersfield Building Department reflect that on March 19, 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 16th day of April 2021, at Bakersfield, California. "��a6 1 W. David aquette Code Enforcem upervisor o��AKF�c1'-c� >- m � r v O ORIGINAL EXHIBIT "A" 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. 019-102-04-01-0 514 S Brown Street Group VIII Covina Prop $0 $149 $149 1 4900 Santa Anita Av #2C 20-7004 EI Monte, CA 91731 2. 019-053-09-00-9 1027 S Brown Street Arthur Huggins $380 $891 $1,271 1 1027 S Brown Street 20-6752 Bakersfield, CA 93307 3. 172-041-36-00-8 3204 Cottonwood Houts Lumber Company $0 $422 $422 1 Road 1910 Harper Avenue 20-6215 Bakersfield, CA 93307 4. 172-042-01-00-3 3300 Hale Street W Marie Brumfield Trust $0 $149 $149 1 7413 Petris Avenue 20-5556 Bakersfield, CA 93308 5. 018-190-10-00-4 101 Kincaid Street David Corona $0 $422 $422 1 1 104 N C Street 20-7085 Oxnard, CA 93030 6. 018-250-10-00-1 16 S Owens Street Bernarene Mc Kinney $135 $891 $1,026 1 756 Goetschl Street 20-6869 San Diego, CA 92114 7. 018-360-37-00-2 301 Tyree Toliver Karen Andrea Ledesma $0 $149 $149 1 Street PO Box 10535 21-282 Bakersfield, CA 93389 8. 139-270-17-00-0 324 E 4th Street Manuel J Francisco $350 $891 $1,241 1 405 V Street 20-6775 Bakersfield, CA 93304 9. 007-402-09-00-6 405 Cypress Street Harolyn Johnson $0 $149 $149 2 PO Box 9724 21-132 Bakersfield, CA 93389 10. 017-230-12-00-4 1312 Eureka Street Smith R Guest Living Trust $0 $891 $891 2 4045 Roxburgh Drive 20-1601 Roswell, GA 30076 11. 331-162-11-00-6 409 Gabriel Drive Gary Olson & Sandra Olson $0 $149 $149 2 1201 24th Street #B1 10-271 20-6181 Bakersfield, CA 93301 12. 015-390-15-00-6 1106 Kentucky Lawrence Martin & $280 $891 $1,171 2 Street Veronica Martin 920 N Wilcox Ave Apt 105 20-6678 Los Angeles, CA 90038 13. 015-340-12-00-2 1118 Lake Street Maria De Jesus Gutierrez $0 $422 $422 2 3020 Wilson Road 20-5173 Bakersfield, CA 93304 14. 015-380-18-00-2 1019 Owens Street Ella Mae E Ehler $499 $891 $1,390 2 1019 Owens Street 20-6025 Bakersfield, CA 93305 15. 001-064-07-00-4 3036 Spruce Street Timothy Danforth & $499 $891 $1,390 2 Diana Danforth 3036 Spruce Street 20-3745 Bakersfield, CA 93301 16. 008-283-11-00-1 2207 Verde Street Mary Peterson $174 $891 $1,065 2 740 Butler Road 20-7076 Bakersfield, CA 93304 K ORIGINAL Page 2 of 2 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 17. 002-051-30-00-3 705 331d Street Anna Zamora $0 $422 $422 2 705 33rd Street 20-7194 Bakersfield, CA 93301 18. 382-052-01-00-7 2501 Bishop Drive 7728 Norton Ave LLC $0 $149 $149 3 966 Hilgard Avenue 806 20-6060 Los Angeles, CA 90024 19. 001-020-14-00-4 1700 Golden State Related Properties Inc $1,944 $891 $2,835 3 Avenue 1201 24Th St Ste B1 10 PMB 320 20-6588 Bakersfield, CA 93301 20. 372-173-06-00-1 6300 Dennen Street Robert Lee Culbertson $0 $422 $422 7 6300 Dennen Street 20-6958 Bakersfield, CA 93313 21. 405-321-25-00-4 4605 Lookout Pedro Advincula & $0 $422 $422 7 Mountain Court Erlinda Advincula 4605 Lookout Mountain Court 20-7134 Bakersfield, CA 93304 22. 023-082-05-00-0 2701 Norman Juan Tamayo Padilla $294 $891 $1,185 7 Avenue 3454 Mount Saint Helena Drive 20-5375 San Jose, CA 95127 23. 413-111-01-00-2 1300 Panama Lane Patrick Padilla $99 $223 $322 7 821 H Street 20-6542 Bakersfield, CA 93304 24. 413-112-07-00-7 1304 Panama Lane Patrick Padilla $99 $223 $322 7 821 H Street 20-6543 Bakersfield, CA 93304 25. 413-112-06-00-4 1308 Panama Lane Patrick Padilla $98 $223 $321 7 821 H Street 20-6544 Bakersfield, CA 93304 26. 413-112-05-00-1 1312 Panama Lane Patrick Padilla $98 $222 $320 7 821 H Street 20-6545 Bakersfield, CA 93304 27. 515-040-12-00-0 8042 Stine Road Gerardo Cruz & Marie Cruz $0 $149 $149 7 8032 Stine Road 20-7193 Bakersfield, CA 93313 o``gAKF9� �. 1 U p ORIGINAL BA E � Q��Waeoave �1s�1'�% - ADMINISTRATIVE REPORT c9LIF0R�1 MEETING DATE: May 5, 2021 AGENDA SECTION: Consent Calendar ITEM TO: Honorable Mayor and City Council APPROVED FROM: Christopher Boyle, Development Services Director DEPARTMENT HEAD DATE: April 16, 2021 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on April 12, 2021, by the City Manager designee and all proposed charges were confirmed. The subject properties listed in Exhibit A (attached) were in violation of Chapter 8.27 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. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed in Exhibit A. The owners of the listed properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed in Exhibit A were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the properties. April 16, 2021, 7:39AM/kd P:\adminmay5_pm.docx ORIGINAL ADMINISTRATIVE REPORT The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. AK� April 16, 2021, 7:39AM/kd P:\adminmay5_pm.docx �. i- m U � O ORIGINAL