HomeMy WebLinkAboutRES NO 269-04RESOLUTION NO. 2 6 9" 0 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
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 pose an imminent threat to
the health and safety of the citizens of the City of Bakersfield, and therefore, subject to
summary abatement under Bakersfield Municipal Code Chapter 8.80; 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
owner of the aforementioned property; and
WHEREAS, this assessment proceeding was duly noticed and a public hearing
held on September 13, 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 designee has reviewed materials concerning
the properties, the abatements and the assessments and has approved the assessments of the
parcel;
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
nuisance 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 demolition 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 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 pdor 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, ok -'"'~
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 OCT 0 ~ 2l]fJ4 , by the
followin9 vote:
~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAOGIO
NOES: COUNClLMEMBER
ABSTAIN: COUNCILMEMBER
~ COUNCILMEMBER
APPROVED 0C'r 0 ~ Z004
HARVEY
MAYOR of the City of Bakersfield
CITY CLERK and Ex Officio l~rk of the
Council of the City of Bakersfie'ffd
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNEY
Deputy City Attorney II
September 23, 2004
r/Sept.13,rm
m
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":
I, Randall G. Fidler, declare:
1. l am the duly appointed Chief Code Enforcement Officer of the City of
Bakersfield, California. l 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 nuisances
on the properties listed in Exhibit "A" which is attached hereto and made a part hereof by this
reference in Ma,/, June and July, 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 August 27, 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 24th day of September, 2004, at Bakersfield, California.
Randall G{ Fidler
Chief Code Enforcement Officer
ORIGINAL
EXHIBIT "A"
REPORTANDASSESSMENTLIST
FOR WHICH DANGEROUS BUILDINGS
HAVE BEEN DEMOLISHED
APN PROPERTY PROPERTY COST TO ADMIN. TOTAL
ADDRESS OWNER DO WORK COST COST
170-150-04-01-5 900 E. Planz Rd Brindle Family Trust $11,844. $335 $12,179
781 Stratford Street
Pismo Beach, CA 93449
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ORIGINAL