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Home My WebLink AboutRES NO 84-96 RESOLUTION NO. 8 4" ~ ~ 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 DANGEROUS BUILDINGS HAVE BEEN DEMOLISHED. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address described herein were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings and requires that such structures be repaired or demolished; and WHEREAS, the owners of the properties agreed to allow the City to remove the dangerous buildings and have the cost of demolition placed as a lien against the property by signing a Consent for Demolition, such consents are attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the properties in question were duly posted as provided in Chapter 8.80 of the Bakersfield Municipal Code; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on July 10, 1996, in the Council Chambers of the City of Bakersfield. 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 "B", and made a part hereof by this reference. 2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit "B" are hereby confirmed. 3. The cost of the demolition of the structures located on properties described in Exhibit "B", 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. l(b)-(c). 4. That the City Attorney is hereby authorized to commence any action necessary to collect the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773. l(c). 5. That the property owners named in said Exhibit "B" 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 the Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 6 below. 6. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "B" are not paid in full prior to collection or foreclosure, such assessment or balance due remaining thereof, may be recorded on the assessment roll, and said assessment shall constitute a special assessment against and a lien upon the property. The amount of said assessments remaining unpaid against the property will then 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 ........ 2 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 ! 0 ~ by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH Immml ROWLES, SULLIVAN, SA£VAG NOES: COUNCILMEMBER ABSEN~ COUNCILMEMBER Acting CITV CLERK and Ex Officio ~{erk Council of the City of Bakersfield of the APPROVED JUL 1 0 1~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: CARL HERNANDEZ III Deputy City Attorney July 3, 1996 r/demos 1 3 EXHIBIT" A ,, CONSENT FOR DEMOLITION Judy Billingsley hereby certify that I am the legal owner of the property located at 102 L Street and, by virtue of my signature, authorize the City of Bakersfield to demolish the structure(s) located on the above mentioned property. I understand that the City of Bakersfield will place a lien on the previously described property for the cost of the demolition. I hereby waive my right to appeal as set forth in the Notice to Repair or Abate Building previously sent to me. The owner agrees it shall hold the City of Bakersfield, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, death and property damage, which claims arise from the direct or indirect operations of the demolition or those of its contractors, subcontractors. agents, employees, or other person acting on its behalf. STATE OF CALIFORNIA COUNTY OF KERN On 2/20/96 before me, Date Kim~rly D. Miller, Notary Public Name, Title of Officer - E.G., "Jane Doe, Notary Public" personally appeared Judy Billinqsley Name(s) of Signer(s) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(~) whose name(a) is/aa~x subscribed to the within instrument and acknowledged to me that /a~e/she)th~ executed the same in hi~/her/t'-.~ authorized capacity(ies), and that by ki~/her/tkek signature(~) on the instrument the person(q, or the entity upon behalf of which the person(a) acted, executed the instrument. iTNESS my hand and official, seal. CONSENT FOR DEMOLITION (City Training Demolition) I, --7~h ~O/~ f~ ~. '~//~/~)//~t~/T] C~//Q~ hereby certify that I am the legal owner of the property located at and, by virtue of my signature, authorize the City of Bakersfield to demolish the structure(s) located on the above mentioned property. I further certify that I have been informed, and agree, that the contemplated demolition will be conducted by the City in conjunction with training exercises conducted by one or more of the City's departments or agencies. I understand that the City of Bakersfield will place a lien on the previously described property for the cost of the demolition. I hereby waive my right to appeal as set forth in the Notice to Repair or Abate Building previously sent to me. The City of Bakersfield agrees it shall hold the owner, owner's officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, death and property damage, which claims arise from the direct or indirect operations of the demolition. Owner's Signature STATE OF CALIFORNIA COUNTY OF KERN On ~ [ ~ before me, Date Name, Title of Officer - E.G., "Jane Doe, Notary Public" personally appeared ~ i I d'(? /rn Name(s) of Signerf s) [] personally known to me - OR - ~] proved to me on the basis of satisfactopy evidence to be the person(g~ whose name00 is/a~ subscribed to the within instrument and acknowledged to me that he/s~dtt~y executed the same in his/ll~r/tlt~'tir authorized capacity(ies), and that by his/h0~dth~9~r signature(~t~ on the instrument the person(G, or the entity upon behalf of which the person(kfacted, executed the instrument. ESS my hand and official seal. EXHIBIT "B" REPORT AND ASSESSMENT LIST AND DECLARATION OF RANDALL G. FIDLER IN SUPPORT THEREOF In the matter of 102 "L" Street and 601 Monterey Street I, 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 owners agreed to informal resolution to abate dangerous buildings by signing Consents for Demolition and the demolition of the dangerous buildings located at 102 "L" Street and 601 Monterey Street was undertaken in February 1996. 3. The costs incurred by the City to remove the public nuisances located on the properties listed in paragraph 2 herein are set forth in Exhibit "A" attached hereto and made a part hereof by this reference. 4. Records of the Bakersfield Building Department reflect that on June 27, 1996, 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. 5. 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 27th day of June 1996, at Bakersfield, California. Randall G Fidler Chief Code Enforcement Officer EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR DEMOLITION OF CERTAIN PROPERTIES PARCEL NUMBER 010-321-26 014-140-01 PROPERTY PROPERTY COST OF ADMIN. TOTAL OWNER ADDRESS ABATEMENT COST COST Judy Billingsley 1603 California Ave. #108 Bakersfield, CA 93304 William Salm 416 Bermuda Street Bakersfield, CA 93309 102"L" S~e~ $2,950 $335 $3,285 601 MontereySt. $4,645 $335 $4,980