HomeMy WebLinkAboutRES NO 169-98RESOLUTION NO. I 6 9' 9 8
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.
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
WHEREAS, notices and orders of the City of Bakersfield Building Department and/or
the Kern County Superior Court were provided to the record owners of the aforementioned
properties; and
WHEREAS, this assessment proceeding was duly noticed and a public hearing held
on December 9. 1998, in the Council Chambers of the City of Bakersfield.
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 costs of demolition 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 pdor 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.
......... o0o ........
I HEREBY CERTIFY that the foregoing Resolution was ~
passed and ado ted by the
Council of the City of Bakersfield at a regular meeting thereof held on rlFC 0 9 ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CA/~00~Ne.~ DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
APPROVED DEC 0 9 188
/ ~k
APPROVED as to form:
CITY ATTORNEY
BY: C 'L2,7~
CARL HERNANDEZ III
Assistant City Attorney
November 24, 1998
r/demos
2
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:
California.
Code.
I am the duly appointed Chief Code Enforcement Officer of the City of Bakersfield,
I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal
2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to an
order of the Building Director and/or the Kern County Superior Court, the demolition of the
dangerous buildings located at 1715 Carver Street, 3620 Elda Avenue and 251 S. Union Avenue
was undertaken in September and November 1998.
3. The costs incurred by the City to remove the public nuisances located on the
properties listed in paragraph 2 herein are set forth in Exhibit "A" attached hereto and made a part
hereof by this reference.
4. Records of the Bakersfield Building Department reflect that on November 20.1998,
a copy of the 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.
5, 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 23rd day of November 1998, at Bakersfield, California.
Randall G. Fidler
Chief Code Enforcement Officer
EXHIBIT "A"
REPORT AND ASSESSMENT LIST
FOR WHICH DANGEROUS BUILDINGS
HAVE BEEN DEMOLISHED
APN
172-051-02-00-2
172-132-12-00-1
011-240-08-00-4
PROPERTY
ADDRESS
1715 Carver Street
3620 Elda Avenue
251S. Union Avenue
PROPERTY COST TO ADMIN. TOTAL
OWNER DO WORK COST COST
James & Erma Kephart
1013 Niles Street
Bakersfield, CA 93305
$2,950 $335 $3,285
Margarite Duarte
1003 Madison Street
Bakersfield, CA 93307
$3,200 $335 $3,535
Robert Assil
828 Momga Ddve
L?s.An~eles, CA 90049
$24,400 $335 $24,735