HomeMy WebLinkAboutRES NO 011-03 011-03
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CONFIRMING THE REPORT OF I'HE CHIEF CODE ENFORCEMENT
OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE
BEEN SECURED AGAINST ENYRY 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 headng held
on January 13, 2003, 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 Enfo~'cement 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.
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 lo law, the County tax collector shall include such
amounts on the tax bill applicable to the propert~r for collection therein.
.......... O00 ..........
I 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 JAN 2, 9 2~] , by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGOIO
COUNCILMEMBER
COUNCILMEMBER
JAN g9 2003
APPROVED
~'~(~RYo~-ihHeAc~tLy of Bakersfiel~~--
CITY CLERK and Ex Officio/Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
CITY ATTORNEY
BY: ~-'
_.,'ANDREW THOMSON
Deputy City Attorney
January 14, 2003
r/jan13rm
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":
1, Randall G. Fidlcr, declare:
I. I am the duly appointed Chief ( !c,d~ Enforccmcut Officer of the City of
Bakersfield, California. I am making this dcckn ~tion pursuant to Chaptcr 8.80 of the Bakersfield
Municipal Code.
2. As provided by Chapter 8.80 of thc Bakersfield Municipal Code and pursuant to
an order of'thc Building Director, the Code Enfi>rccmcnt Division removed thc public nuisances
on the properties listcd in Exhibit "A' which is; '.~ttached hereto and made a part hereof by this
reference in November and December 2002. q'hc costs incurred by the City to remove the public
nuisances for each respective property set forth herein are also stated in thc attached Exhibit "A".
3. Records of thc Bakersfield Building Department reflect that on December 27,
2002, a copy of Notice of Filing Report and Assessment List lbr Abatement of Condition
Constituting Public Nnisance and of Hearing ~[ hereon was mailed to thc 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 thc la~ :s of the State of Calilbrnia that thc foregoing is
true and correct.
Executed this 15th day of January 2003, at Bakersfield, Calitbrnia.
P~a~dall G. Fidlcr -
Chief Code Enforcement Officer
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
021-401-20-00-4 2721 Baylor Street GMAC Mortgage Corporation $794.95 $145 $939.95
500 Enterprise Road, Suite 150
Horsham, PA 19044
339-191-14-00-3 7400 El Verano Drive George Van Meter $1,994 $145 $2,139
7400 El Vera~o Drive
BakersfieM, CA 93309
441 160-27-00-1 4634 Summer Side Aurora Loa~Service Inc. $950 $145 $1,095
Avenue 601 5th Aven~Je
Scottsbluff, NE 69361