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Home My WebLink AboutRES NO 189-08RESOLUTION NO. 18 9 - a 8 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 November 10, 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. s ~" m ~"' r U O 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. ----------000- -------- I HEREBY CERTIFY that the foregoing Resolution was pas ed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~!]V 1 9 20DA , by the following vote: AYE ~ COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER h.B7l~ ABSTAIN: COUNCILMEMBER rLD-~Q_.- ABSENT: COUNCILMEMBER 1LO}~-Q-- CITY CLERK and•Ex Officio Cle of the Council of the City of Bakersfield APPROVED NOV 1 9 2008 MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY BY: ~ ~/ October 31, 2008 2 o``~AKF ~ '- m ~ r V O 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 September and October 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 October 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 31st day of October 2008, at Bakersfield, California. ~_ Randall Fidler Chief Code Enforcement Officer o``gAKF9~ ~' m ~ r- U O ORIGINAL Page 1 10/31/2008 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) 171-142-01-00-5 4300 Axminster Street Fed Home Loan Mtg Corp $370 $300 $670 1757 Tapo Canyon Road 08-5437 Simi Valley, CA 93063 2) 010-221-15-00-8 910 Bank Street Bessie Pemberton $400 $300 $700 910 Bank Street 08-7111 Bakersfield, CA 93304 3) 516-353-01-00-6 1425 Berkshire Road Jesus Esparza $450 $300 $750 1119 E. Garvey Ave #4 08-6902 West Covina, CA 91790 4) 514-644-01-00-3 2304 Brazil Avenue Mark Lundborg $225 $300 $525 4312 Elder Court 08-8604 Bakersfield, CA 93306 5) 498-611-05-00-8 5716 Bridge Creek Ave Kulwant Kaur $235 $300 $535 5716 Bridge Creek Avenue 08-7919 Bakersfield, CA 93313 6) 405-203-09-00-7 3609 Canadian Street Paula Barkefelt & $0 $300 $300 Natalio Venegas 3609 Canadian Street 08-2186 Bakersfield, CA 93304 7) 019-054-01-00-2 1014 Collins Way Saxon Mtg Services Inc $400 $300 $700 4708 N Mercantile Drive 08-7191 Fort Worth TX 76137 8) 169-140-02-00-7 340 Daniels Lane Nathan Daniels Trust $1,800 $300 $2,100 4140 Truxtun Avenue #200 08-6424 Bakersfield, CA 93309 9) 009-291-10-00-4 501 Eye Street Lasalle Bank Natl Assn Trs $625 $300 $925 4828 Loop Central Drive 08-8841 Houston, TX 77081 10) 172-043-05-00-2 1805 Filson Street Carrington Mtg Loan Trust $350 $300 $650 1610 E St Andrews PI #8150 08-8706 Santa Ana, CA 92705 11) 497-265-12-00-8 11102 Golden Valley Hector Martinez $350 $300 $650 Drive 111 Avis Court 08-7415 Salinas, CA 93905 12) 440-211-12-00-1 1915 Hasti Acres Dr Roberto Naranjo $0 $300 $300 1915 Hasti Acres Drive 08-3881 Bakersfield, CA 93307 13) 120-120-06-00-8 3505 M Street Bank of N Y Trust $550 $300 $850 1757 Tapo Canyon Road 08-10054 Simi Valley, CA 93063 o~~AKF9 s~ ~' m ~._' r J O ORIGINAL Exhibit "A" Page 2 APN PROPERTY PROPERTY COST TO ADMIN. TOTAL ADDRESS OWNER DO WORK COST COST 14) 365-330-23-00-3 5403 Moraga Court Faiz Hassan & $273 $300 $573 Shamim Hassan 5403 Moraga Court 08-5826 Bakersfield, CA 93308 15) 413-033-12-00-5 1504 Moreland Way James Davis & $400 $300 $700 Corina Davis 1504 Moreland Way 08-8382 Bakersfield, CA 93307 16) 015-240-04-00-0 1215 Niles Street Washington Mutual Bank $620 $300 $920 7255 Baymeadows Way 08-10561 Jacksonville, FL 32556 17) 404-106-12-00-0 3508 Titan Lane Barbara Putnam $600 $300 $900 3508 Titan Lane 08-6287 Bakersfield, CA 93313 18) 018-062-15-00-5 1509 E. 9 Street Simon Cardenas Carrillo $650 $300 $950 1509 E. 9`" Street 08-8516 Bakersfield, CA 93307 O ~PKt~9~'-c~ >- m f- ~- v ~ ORIGINAL