HomeMy WebLinkAboutRES NO 100-08RESOLUTION NO. 1 ~ ~ n
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/or were determined to be in violation of Chapter
15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings and
requires that such structures be repaired or demolished; 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 June 9, 2008 , in the Fire Prevention 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.
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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 JUN 2 5 2008 , by the
following vote:
YES' COUNCILMEMBER COUCH, CARSON, BENHAM, IR, HANSON, SULLIVAN, SCRIVNER
S: COUNCILMEMBER Y~.d~-
ABSTAIN: COUNCILMEMBER V~Z71'~-
ABSENT: COUNCILMEMBER VI,DYI-o
CITY CLERK and Ex Officio Cler o the
Council of the City of Bakersfield
APPROVED JUN 2 5
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
CIT'
BY:
June 9, 2008
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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 March 2008. 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
May 16, 2008 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 9th day of June 2008, at Bakersfield, California.
,-
Randall Fidler
Chief Code Enforcement Officer
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Page 1
EXHIBIT "A"
REPORT AND ASSESSMENT LIST
FOR WHICH DANGEROUS BUILDINGS
HAVE BEEN DEMOLISHED
6/9/2008
APN PROPERTY PROPERTY COST TO ADMIN. TOTAL
ADDRESS OWNER DO WORK COST COST
1) 172-052-09-00-0 3610 Hale Street Maria De Los Angeles Felix $3,825 $300 $4,125
& Armondo Perez
477 N Colonia De Las
Palmas #3
07-11353 Los Angeles, CA 90022
2) 172-134-12-00-5 3620 Meeks Avenue Novastar Mortgage Inc. $5,100 $300 $5,400
8140 Ward Parkway #200
07-11768 Kansas City, MO 94114
3) 172-133-15-00-7 3608 Shellmacher Lottie Olison $4,459 $300 $4,759
Avenue % John Howlett
08-2663 600 Pheasant Avenue
Bakersfield, CA 93309
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