HomeMy WebLinkAboutItem No. 13 - Imposing Liens to Recover Costs for Code Enforcement
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: February 19, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Michael Huntley, Community & Economic Development
Director
Subject: Imposing Liens to Recover Costs for Code Enforcement
Public Nuisance Abatements
Recommendation
Adopt Resolution No. 2020-38 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of Code Enforcement public nuisance abatements.
Background
On October 5, 2015, the Mayor and Common Council adopted Ordinance MC -1418,
thereby repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and
amending Chapter 8.30. On September 18, 2019, the Mayor and Common Council
adopted Ordinance MC-1521, revisions to Chapter 8.30. These changes streamline the
process of abating public nuisances on properties and imposing liens to enable the City
to recover costs for abating nuisances.
Discussion
San Bernardino Municipal Code Section 8.30.050 requires that the City Council adopt a
Resolution before an assessment can be placed on a parcel of land for the unpaid costs
of abatement. This will show up as a lien on the respective property tax bill.
The Abatement Assessments List, attached hereto as Attachment 2, includes properties
that were either secured and/or cleaned via warrant or were red -tagged and deemed
unsafe. These abatements were completed by contractors hired by the City after the
owner failed to comply with the Notice to Abate or an emergency abatement was
conducted.
There is an additional three “Other Abatement Assessments” included in Attachment 2,
which were for emergency board-ups. Emergency board-ups were conducted after a
break-in occurred and one abatement resulted from vehicular damage to a structure.
The total for abatement assessments via warrant and red tags is $20,931.82. This
includes one emergency knock-down after fire suppression actives. The total for “Other
Abatement Assessments” is $7,269.53. The grand total of all abatements is
6619
Page 2
$28,201.35.
All property owners listed on the Abatement Assessments list have been notified of the
abatement costs by way of written notice of an Administrative Hearing. Administrative
Hearings were held resulting in Hearing Orders. Further, property owners were advised
of their right to appeal said costs within ten days, or to pay the costs within 30 days of
notice, per San Bernardino Municipal Code Section 8.30.030.
All property owners listed on the Other Abatement Assessments list have been notified
of the abatement costs. The property owners were issued a Notice of Summary
Abatement with the option to schedule a hearing per SBMC 8.30.045. Hearings were
not requested and the costs are outstanding. To date, no responses have been
received. Therefore, staff recommends adopting the Resolution in order to assess such
unpaid costs of abatement.
The owners of properties listed on the Abatement Assessments list have been notified
of this meeting and provided with an additional copy of the Statement of Costs. If
owners come forward to pay their costs prior to the public hearing, their properties will
be removed from Attachment 2.
2020-2025 Key Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatement aligns
with Key Target No. 1: Financial Stability and Key Target No. 4: Economic Growth &
Development. Imposing liens to resolve public nuisance would ensure revenue back
into the Department and that the City is clean and attractive.
Fiscal Impact
The anticipated amount to be collected is $28,201.35. The amount will be collected
incrementally as individual properties are sold and/or liens are paid through the escrow
process.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt
Resolution No. 2020-38, imposing liens on certain real property located within the City
San Bernardino for the costs of Code Enforcement public nuisance abatements.
Attachments
Attachment 1 Resolution No. 2020-38
Attachment 2 Exhibit A-Abatement Assessments List
Wards: 1,2,3,4, 5 & 6
Synopsis of Previous Council Actions:
August 1, 2018 Mayor and City Council adopted Resolution No. 2018-222,
imposing liens on certain real property located within the City of
San Bernardino for the cost of public nuisance abatements.
6619
Page 3
April 18, 2018 Mayor and City Council adopted Resolution No. 2018-106,
imposing liens on certain real property located within the City of
San Bernardino for the costs of public nuisance.
Resolution No. 2020-38
RESOLUTION NO. 2020-38
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
IMPOSING LIENS ON CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO OF
THE COSTS OF CODE ENFORCEMENT PUBLIC
NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of
the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the
properties described in the Abatement Assessments List, a copy of which is attached hereto and
incorporated herein as Exhibit A, in this Resolution; and
WHEREAS, notice of the abatement costs were given to the owners of record of said
properties, and any timely requested hearing has heretofore been held to hear protests of the costs
of said abatement before the Administrative Hearing Office, who determined the owner of record
is responsible for the costs.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Said costs are found to have been incurred by the City pursuant to
proceedings under the San Bernardino Municipal Code, and the final statement of costs on file
with the City Clerk is hereby confirmed and adopted as special assessments against the
properties lists in Exhibit A.
SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino
Municipal Code 8.30.050 and shall be collected as a special assessment.
SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution,
including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of
the County of San Bernardino, State of California, directing that each sum be entered as a lien
charged against the property as it appears on the current assessment rolls, to be collected at the
said time and in the same manner, subject to the same penalties and interest upon delinquencies,
as the general taxes for the City of San Bernardino are collected.
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
Resolution No. 2020-38
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgeann Hanna, MMC, City Clerk
Resolution No. 2020-38
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-38, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Georgeann Hanna, MMC, City Clerk