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HomeMy WebLinkAboutRES NO 15-99RESOLUTION NO. ~ I: 9 9 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/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/or the owners of the properties agreed to allow the City to remove the dangerous buildings and have the cost of demolition placed as a lien against the property by signing a Consent for Demolition, such consents are attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on February 10. 1999, 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 cost 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 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. , 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 adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FFB 1 O 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER ~ 0 ~o, CITY CLERK and Ex Officio CI he Council of the City of Bakersfield APPROVED FEB 10 1999 ~f ~' ~ '!. '~. MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTO RN EY BY: "" CARL HERNANDEZ III Assistant City Attorney February 2, 1999 r/summary 2 EXHIBIT "A" CONSENT FOR r}F~MOI ,VIION I, F. mitt O. Culbertson, hereby certify that I am the legal owner of the property located at 1909 Maple Avenue and, by virtue of my signature, hereby authorize and grant consent to the City of Bakersfield to enter upon the subject property m order to demolish the structure located on the subject property. I hereby agree and admit that the structure located on the subject property is a public nuisance and a dangerous building under applicable Bakers field Municipal Code sections. I hereby agree to pay the cost of demolition and agree that the costs recurred by the City of Bakersfield to demolish the structure located on the subject property shall constitute a special assessment upon the property pursuant to applicable Bakersfield Municipal Codes and state law. I hereby waive my right to any notice, hearing or appeal to determine whether such structure can be repaired, abauxt or demolished and waive any fight to any notice, hearing, or appeal to confirm the costs incurred by the City of Bakersfield to demolish the structure on the subject property. The undersigned owner agrees he shall hold the City of Bakersfield, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, death and property damage, which claims arise from the direct or indirect operations of the demolition described herein or those of its contractors, subcontractors, agents, employees, or other person acting on its behalf. STATE OF CALIFORNIA COUNTY OF KERN On/1- 5d"q~ before me. Kimberkv D. Miller, Notary Public . Name(s) of Si~er(s) ~ p~on~ly ~o~ to me - OR - ~ov~ to me on ~e b~is of sa~sfa~oW evid~ce to be ~e p~on(~ whose n~)/is/~ subsmb~ to ~e ~thin ~~t ~d ac~owl~ to me ~ he/ah~th~ ex~ut~ ~e s~e ~ ~s~e~e~ au~o~ cap~i~(i~), ~d ~ by ~,~ si~~ on ~e ~mt ~e p~on(~, or ~e ~ upon beh~f of w~ch ~e penon~ ~ ex~ut~ ~e ~~t. WITNESS my hand and official seal. Notary PuDlic - Califamil:l _~ EXHIBIT "A" CONSENT FOR DEMOI ,ITION Trinity Terrtple Church of God in Christ, Inc. (hereinafter "Trinity Temple"), hereby certifies that it is the legal owner of the property located at 1000 O Street ("subject property") and, by virtue of the signature contained herere, hereby authorizes and grants consent to the City of Bakersfield to enter upon the subject property in order to demolish the structure(s) located on the subject property. Trinity Temple hereby agrees and admits that the structures located on the subject property are public nuisances and dangerous buildings under applicable Bakersfield Municipal Code Sections. Trinity Temple hereby agrees to pay the cost of demolition and agrees that the costs mcun'ed by the City of Bakersfield to demolish the structures located on the subject property shall constitute a special assessment upon the property pursuant to applicable Bakersfield Municipal Codes and state law. Trinity Temple hereby waives its right to any notice, hearing or appeal to detername whether such structures can be repaired, abated or demolished and waives any right to any notice, hearing, or appeal to confn'm the costs incurred by the City of Bakersfield to demolish the structures on the subject property. The undersigned owners agree they shall hold the City of Bakersfield, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, death and property damage, which claims arise from the direct or indirect operations of the demolition described herein or those of its contractors, subcontractors, agents, employees, or other pqs, on acting on its behalf. Date STATE OF CALIFORNIA COUNTY OF KERN Date ff/~ 2Name, Title of Officer - E.G., "Jane Doe, ~~ / ~'~.Z.d' /-~-t'/ Iary Public" pmo~y ~~ , Name(s) of Signer(s) ion~y ~om to me - OR - ~ ~oved to me on ~e b~is of satisfytoW evid~ce to be ~e pmon(~ whose nm~ is/m subs~bed to ~e ~thin ~~t ~d ac~owledg~ to me ~t he/~t~ ex~ut~ ~e s~e ~ ~s~/'~ au~o~ c~i~(~, ~d ~at by ~s~~ si~l on ~e ~~t ~e ~on~, or ~e ~W upon beh~f of w~ch ~e penon(l ~e~ ex~uted ~e remit. WITNESS my hand and official seal. ,~ ' ' ~0 COMM. #1076571 .... 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, 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 1998. 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 26, 1999, 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. 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 Califomia that the foregoing is true and correct. Executed this 26th day of January 1999, at Bakersfield, California. Randall G. Fidler Chief Code Enforcement Officer EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR WHICH DANGEROUS BUILDINGS HAVE BEEN DEMOLISHED APN 007-271-17-00-5 018-280-19-00-7 007-195-05-00-5 009-092-01-00-7 PROPERTY ADDRESS 2717 Chester Lane 213 S. Owens Street 1909 Maple Avenue 1000 O Street PROPERTY OWNER Sec. of Veterans Affairs 11000 Wilshire Blvd. Los Angeles, CA 90024 Johanna Jackson 983 W. Tennyson Rd. #308 Hayward, CA 94544 Emitt O. Culbertson 4305 Gordon Street Bakersfield, CA 93307 Trinity Temple Church of God in Christ 1028 O Street Bakersfield, CA 93304 COST TO DO WORK $7,200 $2,065 $5,000 $5,950 ADMIN. COST $335 $335 $335 $335 TOTAL COST 7535.00 $2,400 $5,335 $6,285