HomeMy WebLinkAboutRES NO 141-03Recording requested by
and for the benefit of the
CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:
CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD CA 93301
James W. Fitch. Assessor- Recorder
Kern County Official Records
Recorded at the request of
Public
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0119/2003
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RESOLUTION NO. 141-03
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING
THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER REGARDING
ASSESSMENT OF 717 SUMNER STREET IN THE CITY OF BAKERSFIELD FOR
WHICH A STRUCTURE HAS BEEN DEMOLISHED.
ORIGINAL
RESOLUTION NO. 1 4 I - 0 3
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CONFIRMING THE REPORT OF THE CHIEF CODE ENFORCEMENT
OFFICER REGARDING ASSESSMENT OF 717 SUMNER STREET IN
THE CITY OF BAKERSFIELD FORWHICH ASTRUCTURE HAS 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 the owner of the property agreed to allow the City to
remove the dangerous building and have the cost of demolition placed as a lien against the property
by signing a Consent for Demolition; and
WHEREAS, this assessment proceeding was duly noticed and a public hearing held
on July 21,2003, 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
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.
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.
71 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.
.......... o0o ..........
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 JUL 3 0 ;)003 , by the
following vote:
AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JUL 3 0
APPROVED
HARVE¥~L HALL
MAYOR of the City of Bakersfield
CITY CLERK and Ex Officio~l~erk of the
Council of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
CITY A~-ORNEY
ALLEN SHAW
Deputy City Attorney II
July 15, 2003
r/717sumner
ORIGINAL
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. Fidler, declare:
1. I am the duly appointed Chief Code Enforcement Officer 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 the property
owner agreed to informal resolution to abate the dangerous building by signing a Consent for
Demolition and the demolition of the dangerous building located at 717 Sumner Street was
undertaken in April 2003.
3 Records of the Bakersfield Building Department reflect that on July 2, 2003, a
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 arc within my personal knowledge and if called as a witness
herein, 1 could and would competently testify thereto.
1 declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed this 15th day of July 2003, at Bakersfield, California.
Randall G. Fidler
Chief Code Enforcement Officer
ORIGINAL
EXHIBIT "A"
REPORT AND ASSESSMENT LIST
FOR WHICH DANGEROUS BUILDINGS
HAVE BEEN DEMOLISHED
APN PROPERTY PROPERTY COST TO ADMIN. TOTAL
ADDRESS OWNER DO WORK COST COST
016-070-05-00-1 717 Sumner Street Rosalio Banales Et Al $12,000 $335 $12,335
738 E. Casa Loma
Bakersfield, CA 93307