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