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HomeMy WebLinkAboutRES NO 058-07 RESOLUTION NO. 058-07 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 MA ITER 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 Baker.sfield 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 March 12, 2007, 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, ~/(E: Bakersfield, California, at any time prior to the time the lien imposed under Government Coded <0 -9($l 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. \ ~ b 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. ----------()()()---------- 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 MAR 2 8 2007 , by the following vote: C AYES:) NOES: ABSTAIN: ABSENT: v V v- v--- v- v- ~ COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Ll.mG CITY CLERK and Ex Offici() Council of the City of Bakersfiel HARVEY L. HALL MAYOR of the City of Bakersfiel MAR 2 8 2007 APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY BY~~ / NICE SCA-NLAN - eputy City Attorney /I March 6, 2007 2 !< <of>,/(C"-9 a % ;.... - ..... m _ r- <.) C:I 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": 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 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 December, 2006, January & February 2007. 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 February 16, 2007 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 day of March 9th, 2007, at Bakersfield, California. ?~ 1'~ Randall Fidler Chief Code Enforcement Officer !< <OAI(~-9 a ~ ;.... - ..... m - r- o c;:, ORIGINAL Page 1 3/7 /2007 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 1) 010-221-15-00-8 910 Bank S1. Bessie Pemberton $850 $145 $995 910 Bank S1. Bakersfield, CA 93304 2) 012-310-10-00-6 239 Bernard St. Davis Family Partnership $143.16 $145 $288.16 214 H Street Bakersfield, CA 93304 3) 412-080-30-00-4 901 Caroline Ct. Gilbert & Krystal Holguin Jr. $800 $145 $945 18101 Von Karman Ste 400 Irvine, CA 92612 4) 009-252-05-00-5 720 Eye S1. Christina Hernandez $1,150 $145 $1,295 720 Eye St. Bakersfield, CA 93304 5) 002-061-28-00-1 3100 Jewett Ave. Eugenio Zaragoza $175 $145 $320 3100 Jewett Ave. Bakersfield, CA 93301 6) 120-130-02-00-9 3525 Jewett Ave. Lucille Dillard $522.94 $145 $667.94 700 Greenwood Bakersfield, CA 93305 7) 171-223-11-00-4 905 Karma Ct. Guadalupe & Jaime $175 $145 $320 Godinez 905 Karma C1. Bakersfield, CA 93307 8) 148-300-13-00-2 1420 Kristina Ct. Jimmy L. Stewart $475 $145 $620 1420 Kristina Ct. Bakersfield, CA 93304 9) 148-300-13-00-2 1420 Kristina Ct. Jimmy L. Stewart $500 $145 $645 1420 Kristina Ct. Bakersfield, CA 93304 10) 139-432-21-00-1 11 Milham Dr. Salvador Guerrero $200 $145 $345 2408 Edwards Ave. Bakersfield, CA 93306 11) 412-080-09-00-4 905 Pacheco Rd. Lauren Spears $109.77 $145 $254.77 PO Box 1 0303 Bakersfield, CA 93389 12) 412-080-07-00-8 913 Pacheco Rd. Thomas & Mary Dang $ 109.77 $145 $254.77 4901 Belle Terrace # 3 Bakersfield, CA 93309 ~ <o~I(C"-9 a % ;.... - ..... m - r- o D ORIGINAL Exhibit "A" Page 2 APN PROPERTY PROPERTY COST TO ADMIN. TOTAL ADDRESS OWNER DO WORK COST COST 13) 412-080-06-00-5 917 Pacheco Rd. Thomas & Mary Dang $75 $145 $220 4901 Belle Terrace # 3 Bakersfield, CA 93309 14) 013-250-03-00-6 911 Quincy S1. Henry & Dolores Ramirez $300 $145 $445 5304 E. Brundage Ln. Bakersfield, CA 93307 15) 015-170-17-00-8 1315 Robinson S1. Jeff & Dottie Sherley $199.99 $145 $344.99 2201 Nantes Way Bakersfield, CA 93311 16) 499-361-01-00-1 5808 Spring Blossom Aurora Loan Servo Inc. $200 $145 $345 S1. 601 5th Avenue Scotts Bluff NE 69361 17) 499-241-02-00-9 5906 Spring Blossom Penelope A. Pierce $400 $145 $545 St. 5906 Spring Blossom S1. Bakersfield, Ca 93313 18) 010-090-02-00-6 241 Union Ave. American & Asia Inv. Inc. $475 $145 $620 70 Fanyon S1. Milpitas, CA 95035 19) 009-031-08-00-3 1206 11 th Street Rosa De Castellanos $189.77 $145 $334.77 1726 Williams St. Bakersfield, CA 93305 20) 009-031-09-00-6 1216 11 th Street Teen Challenge of So. Cal $189.77 $145 $334.77 5445 Chicago Ave. Riverside, CA 92507 21) 002-072-03-00-8 815 3151 Street Felix Sanchez $129.98 $145 $274.98 508 Wilma S1. Bakersfield, CA 93307 "- !< <o"'/(C"~ a % ;.... - ..... m - ,.... o C:I ORIGINAL