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HomeMy WebLinkAboutRES NO 050-03 050-03 RESOLUTION NO. 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 DEMOLISHED. 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 Chapter 15.24 which prohibits maintaining dangerous buildings and requires that such structures be repaired or demolished; and WHEREAS, notices and orders of the Board of Building Appeals were provided to the record owners of the aforementioned properties; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on March 10, 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 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 Repod 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 to law, the County tax collector shall include such amounts on the tax bill applicable to the property 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 ~AD ~.6 ~0O~ , by the following vote: AYES COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, ', ',A~';CON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~ ABSTAIN: COUNCILMEMBER ~ ABSENT COUNCILMEMBER ~ ~-~I%J,¢-¢~ I'~ MAR 26 ZOO3 APPROVED MAYOR of the City of Bakersfield CITY CLERK and Ex Officio Cler~)t~fYhe Council of the City of Bakersfield (./ APPROVED as to form: BART J. THILTGEN CITY ATTORNEY BY: ALLEN SHAW Deputy City Attorney II March 10, 2003 r/marl0rrn EXHIBIT "A" REPORT AND ASSESSMENT LIST AND DECLARATION OF RANDALL G. FIDLER IN SUPPORT THEREOF In thc matter of thc properties listed in the attached Exhibit "A": I, Randall G. Fidlcr, declare: I. I am thc duly appointed Chief ('ode Enforcement Officer of thc City of Bakersfield, Calitbrnia. I am making this dcclaratiou pursuant to Chapter 8.80 of the Bakersfield Municipal Code. 2. As provided by Chapter 8.80 of thc Bakersfield Municipal Codc and pursuant to an order of thc Board of Building Appeals, the Code Enforcement Division caused the work to be performed by contractors for the demolition of the public nuisances on thc properties listed in Exhibit "A" which is attached hereto and made a part hereof by this reference in January 2003. The costs incurrcd by the City to remove thc public nuisances for each respective property set fbrth herein arc also stated in the attached Exhibit "A". 3. Records of thc Bakersfield Building Department reflect that on February 21, 2003, a copy of Notice of Filing Report and Assessment List lbr Abatement of Condition Constituting Public Nuisance and of Hearing Thereon was mailed to the owners of thc 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 testily thereto. I declare under pcnalty of perjury under thc laws of the State of California that the foregoing is truc and correct. Executed this 10th day of'March 21){)3, at Bakersfield, Calitbrnia. Randall G. Fidlcr ChicfCode Enfbrccmcnt Officer EXHIBIT "A" REPORTANDASSESSMENTLIST FOR WHICH DANGEROUS BUILDINGS HAVE BEEN DEMOLISHED APN PROPERTY PROPERTY COST TO ADMIN. TOTAL ADDRESS OWNER DO WORK COST COST 014-280-02 00-9 1025 Baker Street Dalip Singh & Latika Sethi $8,000 $335 $8,335 1461 Woodvale Lane Riverside, CA 92506 014-280-03-00-2 1027 Baker Street Ismael & Elda Ochoa $7,951 $335 $8,286 4611 Eve Street Bakersfield, CA 93307