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HomeMy WebLinkAboutRES NO 035-05RESOLUTION NO. ~ 3 5 "'' 0 5 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE APPROVAL BY THE ASSISTANT 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 MATrER 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 January 10, 2005, 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 per[ormed 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). 6. 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. ~%~,? 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. .......... 000 .......... 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 ......... by the following vote: JAN ~. ~ LUU~ NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED MAYOR of the City of Bakersfield CITY CLERK and Ex Officio C/e)rk of the Council of the City of Bakersfie~/ APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY BY: AL'L'E N SHAW Deputy City Attorney II January 12, 2005 EXHIBIT "A" REPORT AND ASSESSMENT LIST ANI) DECLARATION OF RANDALL G. FIDLER IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibit "A": Randall G. Fidler, declare: 1. 1 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 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 October and November, 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 December 17, 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 January 14, 2005, at Bakersfield, Califomia. Randall G. Fidler Chief Code Enforcement Officer EXHIBIT "A" 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 004-341-06-00-2 3120 18TM St. William & Deanna Gray $950 $145 $1,095 1802 Oak Street Bakersfield, CA 93301 019-041-07-00-6 801 Collins Way T J Kizer $295 $145 $440 2222 S "O" Street Bakersfield, CA 93304 019-102-16-00-6 607-609 S. Haley St H U D $850 $145 $995 2135 Fresno St. # 100 Fresno CA 93721 015-350-14-00-1 1014 Lake St. Tommy H. Thompson $750 $145 $895 2222 S. "O" Street Bakersfield, CA 93304 172-091-27-00-7 3608 Home St. Hilltop Developers Inc. $250 $145 $395 815 Walker St. Ste. 1250 Houston TX 77002 021-052-12-00-7 2918 Bucknell St. Mabel Reynolds $855 $145 $1000 2918 Bucknell St. Bakersfield, CA 93305 009-162-07-00-5 917 P St. Hilda Medina $325 $145 $470 11304 Louise Avenue Lynwood CA 90262 018-320-19-00-8 129 Northrup St. James J. Hammond Est. $350 $145 $495 5339 Queen Ester Ct. Ellenwood, GA 30294