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