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Home My WebLink AboutRES NO 059-06 · 0'59-;06 RESOLUTION NO. 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 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 February 13. 2006, 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). 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. ^ if.<.' '/), ,.c. " '. -r,f' c:: '" >- m >- r ;:) c- fi",'f":.\t\II!>\ 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 alld S¡dopte,d by the Council of the City of Bakersfield at a regular meeting thereof held on MAR II 2U06 ,by the following vote: G® NOES: ABSTAIN: ABSENT: t.- v '--- t.-~ t---- ¡,...---- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD. HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~á.m~ CITY CLERK and Ex Officio Cler f the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as ta farm: VIRGINIA GENNARO CITY ATTORNEY /J February 16, 2006 2 'i"oMI:-'-9 ~ ~ >- m - r- ') t:J ~OIr.:INAL 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, Randal! G. Fidler, declare: I. 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 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 November and December, 2005. 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 January 20th, 2006, 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 cal!ed 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 February, 2006, at Bakersfield, California. '-p~---}~ Randal! Fidler Chief Code Enforcement Officer ~Mf-5' 2- ~ >- - ¡.-- m _ r- 'J ~ ";¡¡IGINAl -----_.._.~.. -----~. ..~..._~---_.~._,_..__._~- Exhibit "A" Page 1 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 ADMIN. TOTAL ADDRESS OWNER TO COST COST DO WORK 405-020-23-00-4 4801 H Street Arco Environmental $750 $145 $895 Remediation LLC PO Box 3092 Houston, TX 77253 018-340-15-00-2 111 Hayes Street Gemelia Herring Rev Tr. $150 $145 $295 28743 Burbank St. Shatter, CA 93263 139-431-07-00-4 16 Milham Drive Eulogio & Stormy Alvarez $265 $145 $410 16 Milham Drive Bakersfield, CA 93307 139-421-07-00-1 116 Milham Drive Dorsh Sanders Jr. $245 $145 $390 409 1" Street Bakersfield, CA 93304 139-422-06-00-5 121 Milham Drive Clarence H. Huggins Jr. $225 $145 $370 2222 S. 0 Street Bakersfield, CA 93304 139-421-06-00-8 132 Milham Drive. Beneficial Califomia Inc. $275 $145 $420 931 Corporate Center Pomona, CA 91769 018-111-11-00-0 1216 Murdock St. Femando & Ana Guevara $450 $145 $595 1216 Murdock St. Bakersfield, CA 93307 139-252-15-00-2 527 Villa St. Eugenia L. Marshall $239 $145 $384 117 E 61h Street Bakersfield, CA 93301 139-191-03-00-3 106 E 8'" St. Urban Renewal Project $5,400 $145 $5,545 8605 Hassam Drive Bakersfield, CA 93301 002-104-02-00-7 809 28'" Street & Roberto Guerrero $125 $145 $270 811 28TH Street 811 28th Street Bakersfield, CA 93301 139-221-10-00-1 226 6'" Street Christine Perez $265 $145 $410 1412 Pacific Street Bakersfield, CA 93305 <,.~Mê1 C) '.J.i, >- - r- m - ,.... Ç) D ORIGINAl