HomeMy WebLinkAboutRES NO 082-03RESOLUTION NO. 0 8 2 ' 0 3
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CONFIRMING THE REPORT OF THE CHIEF CODE ENFORCEMENT
OFFICER REGARDING ASSESSMENT OF 701 UNION AVENUE IN
THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE
BEEN DEMOLISHED.
WHEREAS, the property in the City of Bakersfield described by assessor parcel
number and street address in Exhibit "A" was 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 Building Director were provided to the record
owners of the aforementioned property; and
WHEREAS, this assessment proceeding was duly noticed and a public hearing held
on May 12, 2003, in the City Council 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
property, the abatement and the assessment and has approved the assessment 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 property as described in Exhibit "A" is
hereby made a lien and special assessment against said property 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 assessment enumerated herein is 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 owner 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.
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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 MAY R8 2003 , by the
following vote:
AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
APPROVED
MAY ~ 8 2003
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY CLERK. and. Ex Officio_Officio ~}lerkerk of the
Councd of the C~ty of Bakersfield
BART J. THILTGEN
CITY AT~-ORN EY
ALLEN SHAW
Deputy City Attorney II
May 12, 2003
r/may12.rm
EXHIBIT "A"
REPORT AND ASSESSMENT LIST
AND DECLARATION OF
RANDALL G. FIDLER IN SUPPORT THEREOF
In the matter of the property listed in the attached Exhibit "A":
1, Randall G. Fidler, declare:
1. I am the duly appointed Chief Code Enforcement Officer of the City of
Bakersfield, California. 1 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 nuisance
on the property listed in Exhibit "A" which is attached hereto and made a part hereof by this
reference in May 2001. The costs incurred by the City to remove the public nuisance set forth
herein is also stated in the attached Exhibit "A".
3. Records of the Bakersfield Building Department reflect that on April 24, 2003, 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 owner of the property.
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 12th day of May 2003, at Bakersfield, California.
Randall G. Fidler
Chief Code Enforcement Officer
EXHIBIT "A"
REPORTANDASSESSMENTLIST
FOR WHICH DANGEROUS BUILDINGS
HAVE BEEN DEMOLISHED
APN PROPERTY PROPERTY COST TO ADMIN. TOTAL
ADDRESS OWNER DO WORK COST COST
009-471-12-00-2 701 Union Avenue A Fawnlee Inc $159,396 $335 $159,731
009-471 - 13-00-5 225 W. Broadway #2100
009-471 - 14-00-8 San Die§o, CA 92101