HomeMy WebLinkAboutRES NO 229-04RESOLUTION NO. 2 29" 0Z~
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CONFIRMING THE APPROVAL BY THE ASSISTANT TO CITY
MANAGER OF THE REPORT OF THE CHIEF CODE ENFORCEMENT
OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE
BEEN SECURED AGAINST ENTRY OR FOR THE ABATEMENT OF
CERTAIN WEEDS, DEBRIS AND WASTE MATTER AND AUTHORIZE
COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR.
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 hearing held
on July 12, 2004, 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 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).
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.
ORiGiNAL
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 AU[; ! R ?rln,l , by the
following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON~BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
AUG 1 8 2004
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY CLERK and Ex Offici~ ~;lerk of the
Council of the City of Baker~-f'eld
VIRGINIA GENNARO
CITY ATTORNEY
BY:
Deputy City Attorney II
August 4, 2004
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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 (;ode 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 thc Bakersfield Municipal Code and pursuant to
an order of the Building Director, the Code Enforcement Division removed the public nuisances
on the properties listed in Exhibit "A" which is attached hereto and made a part hereof by this
reference in May 2004. The costs incurred by the City to remove the public nuisances for each
respective property set forth herein are also stated in the attached Exhibit "A".
3. Records of the Bakersfield Building Department reflect that on June 25, 2004, 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 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 the laws of the State of California that the foregoing is
true and correct.
Executed this 4th day of August 2004, at Bakersfield, California.
R~mdall 67i}idler
Chief Code Enforcement Officer
ORIGINAL
EXHIBIT
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
172-091-13-00-6 3505 Anderson Street Maria Yanez $149 $145 $294
8201 Bertal Street
Lamont, CA 93241
018-380-19-00-6 231 Clyde Street Barbara & Lee Adams $350 $145 $495
P.O. Box 9235
Bakersfield, CA 93389
169-06%08*01-8 SEC Ohio & Riverland Ministries Inc $149 $145 $294
Tollhouse 3125 19th Street #281
Bakersfield, CA 93301
172-102-22-00-1 3617 Oliver Street Efren & Norma Martinez $149 $145 $294
1279 Brook Street
Bakersfield, CA 93307
412-065-26-00-2 499 Pacheco Road Claude & Mable Carter $499 $145 $644
#170 499 Pacheco Road #170
Bakersfield, CA 93307
022-021-04-00-5 1305 Wilson Road Citimortgage Inc. $389 $145 $534
1000 Technology Drive
Frederick, MD 21703
010-280-13-00-3 NWC 2"~ & Eye Street Miguel Barajas $119 $145 $264
4607 Slauson Avenue
Culver City, CA 90230
009-162-19-00-0 917 10th Street Alfred Pierro $119 $145 $264
HCI Box 35000
Earlimart, CA 93219