HomeMy WebLinkAbout34-City Clerk
~iTY OF SAN BER...ARDINO~EQUEST t"OR COUNCIL ACTION
From:
~ ,.. , ,..... ~,.~
Shauna Clark, City ClailtT.- ,",,0 "-Subfect:
City Clerk's Office
,,...........
,-,
Public hearing - establishment
of City Clerk administrative
fee for costs incurred on build-
ing, vehicle and weed abatements.
Dept:
~-
r..
Date: April 23, 1990
Synopsis of Previous Council action:
April 19, 1990: Legislative Review Committee approved the establishment
of a City Clerk administrative fee.
Note: The City Clerk's Office has made the necessary publications for
this hearing.
Recommended motion:
That the hearing be closed and the resolution be adopted.
~/A2_ :1t~/ ~9r
./ Signature
Contact person:
Jeanne' Fitzpatrick
Phone:
5002
Supporting data attached: Staff report and resolution
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
75.0262
Agenda Item No. .3 "I
CITY OF SAN BER.....ARDINO - REQUEST .OR COUNCIL ACTION
STAFF REPORT
When the position of Lien Coordinator was established, the
Legislative Review Committee was told that a proposal to fund
this position by way of an administrative charge on liens would
be established. Based on actual processing time for the City
Clerk's Office, it is requested that the following administrative
charges be imposed:
Vehicle abatement resulting in a resolution
confirming costs against the property for lien:
Weed abatements resulting in a resolution
confirming costs against the property for lien:
Building/nuisance abatement initiated:
BUilding/nuisance abatement that goes to lien:
These fees are justified for the following reasons:
$24.00
$11.50
$22.00
$89.00
Each person who is contacted by code enforcement, Department
of Public Services, or Facilities Management Department, is
given the option of abating their own nuisance. It is when
they don't do this that the City incurs costs. General fund
taxpayers should not have to pay for cleaning up the
property of less responsible individuals.
The City Clerk's fees are based upon actual time spent, not
a percentage of the total costs.
Attached is supporting documentation which shows our department's
processes on each type of abatement action. The flow chart on
the building demolition and nuisance abatement collection process
is to illustrate why more administrative costs are incurred on
building/nuisance abatements than on vehicle or weed abatement.
75-0264
Staff Report
Page 2
BUILDING ABATEMENTS
Proposed City Clerk's administrative fees shall be established
when: 1) the City of San Bernardino incurs costs on private
property and building abatements and 2 ) the abatement costs
incurred result in a lien against the property.
Time. tasks and costs involved with buildina abatement cases-
costs incurred.
Lien Coordinator's Time
Including wages and benefits
(.5 hours to 45 minutes/case @ SlB.OO/hr.) $ 9.00
Various tasks involve:
Researching abatement costs to verify correct amounts by
contacting the Account Clerk or Code Officer in the
Planning and Building Services Department;
Typing and photocopying demand letters upon request;
Typing letters each month to owners of record who are on
the monthly payment plan;
Calculating interest on these payment plans;
Typing receipts for payee; .
Photocopying receipts (1 copy City Clerk's file and 3
copies Planning and Building Services);
Signing and photocopying NOP Releases;
Filing documentation and computer input;
Photocopying BBC Orders;
Preparing monthly reports on lien activity and status.
Deputy Clerk's Time
Including wages and benefits
(1/2 hour to 45 minutes @ S16.00/hr.) $ 8.00
Various tasks involve:
Preparing and typing BBC Orders for agenda;
Filing and logging the BBC Orders after receipt and filing
by the Mayor and Common Council;
Indexing BBC Orders.
Photocopying Charges
(.10 per copy)
Letters
Receipts
NOP Releases
BBC Order
Demand letters
$ 1. 20
Postage (.25 per mailing)
Page 2
Staff Report
April 5, 1990
.25
Office Space, Supplies, Equipment,
Utilities (Approx. 20% overhead)
TOTAL COSTS
S 3.55
$ 22.00
Page 3
Staff Report
April 5, 1990
Deputy Clerk's Time
Including wages and benefits
(1/2 hour to 45 minutes @ $16.00/hr.) $ 8.00
Various tasks involve:
Preparing and typing BBC Orders for agenda;
Filing and logging the BBC Orders after receipt and filing
by the Mayor and Common Council;
Indexing BBC Orders.
Photocopy Charges
(.10 per copy)
Receipts
Letters
Resolutions
Notices of Liens
Releases of Liens
Reports, etc.
$ 2.70
Postage (.25 per mailing) .75
(Low estimation)
Letters to property owners
Letters and Notices of Lien to County
Letters and resolution to County Tax Collector
Office Space, Supplies, Equipment
Utilities (Approx. 20% overhead)
TOTAL COSTS
S14.55
$89.00
VEHICLE ABATEMENTS
A proposed City Clerk's 'administrative fee shall be established
when the vehicle abatement costs result in a lien on the
property.
Time. tasks and costs involved with the vehicle abatement lien
process.
Lien Coordinator's Time
Including wages and benefits
(1 hour to 1.5 hours/case @ $lB.OO/hr.) $18.00
Various tasks involve:
Preparing and photocopying Notices of Lien, resolutions and
letters to be sent to be sent to County Recorder. (A copy is
also forwarded to Facilities Management);
Filing documentation and logging information into computer;
Documenting lien payments that are made prior to placing
them on the tax roll;
Crossing parcel numbers off resolution when a lien payment
has been collected in order to assure that it is not placed
on the tax roll;
Page 4
Staff Repor'::
April 5, 1990
Preparing resolutions and letters to be sent to County for
placing unpaid liens on the tax roll;
Verifying that all parcels not crossed off resolutions are
to be included in the tax roll report;
Verifying that all information listed on the County's tax
roll report is correct;
Correcting errors that may appear on the County's tax
report by writing a letter notifying them of the correction
to be made;
Verifying all liens paid through property taxes by checking
tax reports sent from County;
Photocopying the above notices for finance and Facilities
Management;
Preparing, photocopying and sending Releases of Lien and
letters to payee and Facilities Management;
Preparing monthly reports on lien activity and status.
Photocopy Charges
(.10 per copy)
Notices of Lien
Letters
Resolutions
Tax Reports
Releases of Lien
Monthly Reports
$ 1. 40
Postage (.25 per mailing)
$ .75
Office Space, Supplies, Equipment
Utilities (Approx. 20% overhead)
TOTAL COSTS
3.45
$24.00
WEED ABATEMENT
Proposed City Clerk's administrative fee: When the weed
abatement costs result in a lien on the property.
Time. tasks and costs involved with the weed abatement lien
process
Lien Coordinator's Time
Including wages and benefits
(45 minutes to I hour @ SIB.OO/hr.) S 8.00
Various tasks involve:
Preparing and photocopying letters which notify property
owners of resolutions imposing liens on their property.
(Letter gives owner 5 days to pay the costs before a lien
will be imposed);
Typing and photocopying Notices of Lien, resolutions and
letters which are sent to the County Recorder;
Page 5
Staff Report
April 5, 1990
Verifying all liens paid through property taxes by checking
tax reports sent from CountYl
Photocopying the above reports for Finance and Public
Services 1
Preparing monthly reports on lien activity statusl
Signing, photocopying and filing Releases of Lienl
Filing of documentation and computer inputl
Communicating with Public Services Department regarding
abatement cases.
Photocopy Charges
(.10 per copy)
Letters
Resolutions
Notices of Liens
Releases of Lien
Tax Reports
Monthly Reports
$ 1.10
Postage (.25 per mailing)
Supplies, Office Space, Equipment
Utilities (20% overhead)
$ .50
TOTAL COSTS
S 1. 90
$11.50
It is recommended that the above fees be charged for the various
abatement cases.
CITY CLERr . OFFICE BUILDING ABATEMENT COLLE \ON PROCESS
Ci ty COlIUl\enCeS
abatement action
Abatement costs
incurred
.
lowner ot recora notlfled ~
of costs incurred & Board
of Bldg Corom. (BBC) hearing~
wner appea s -
hearing
...
Release of Notice of
Pendency (Nap) prepared
by Planning & Bldg. Owner of record sent ltr. of
Services (Bldg. Dept.) BBC action taken & right to
if conditions affecting appeal to Council + Bldg. Dept.
property are corrected sends BBC Order, exhibits &
& processing fee pd. It to Lien Coordinator
CASE CLOSED rs.
lowner pays costs I ~ner appeals ~o
+
Release of NOP prepared
by Bldg. Dept. if condi-
tions affecting property
are corrected & process.
fee is pd. CASE CLOSED
Owner pays costs prior
to BBC hearing-hearing
cancelled
approves costs & a OptS
BBC Order
".
posted
on affected
BBC Order
property
Hearing cont.
or appeal
granted -
~ction varies
depending on
request
Costs unpaid -
nuisance exist-
ing on property
not corrected.
.
Lien Coordinator
proceeds with
the imposition
of the lien
Counelll ~
Council grants appeal Council
- action varies depend- denies
ing on re uest appeal
Lien Coordinator
sends Itr. & reso.
to owner giving
them 5 dys. to pay
costs
Resolution
adopted
+
Lien Coordinator
prepares resow
imposing liens.
BBC Orders put
on agenda for
receipt by the
Council
ot~ce 0 len ~s
recorded with the
County Recorder
Release of NOP prepared
by Bldg. Dept. if condi-
tions affecting property
are corrected & processing
fee is paid CASE CLOSED
Costs paid plus
interest prior to
placing costs as
assessment on tax
bill (August 5th)
len oor lnator prepares
the Release of Lien
Release of NOP prepared
by Bldg. Dept. if condi-
tions affecting property
are corrected & processing
fee .is paid CASE CLOSED
Lien Coordinator
prepares the Release
of Lien
I Co~ts
prlor
5th
unpaid
to August
Llen Coor ~nator
prepares a report
of lien amounts to
be assessed to property
taxes
OWner pays property taxes
en oar ~nator sen s owner
a Itr. stating the interest
incurred on the lien
Release of NOP prepared
by Bldg. Dpet. if condi-
tions affecting property
are corrected & processing
fee is paid CASE CLOSED
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II
RESOLUTION NO.
1
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A
2 CITY CLERK ADMINISTRATIVE FEE FOR COSTS INCURRED ON
ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED
3 VEHICLES AND WEEDS.
WHEREAS, Section 54992 of the Government Code requires
the Mayor and Common Council to establish said fees by
resolution; and
WHEREAS, a public hearing has been held pursuant to
Sections 54992 and 54994.1 of the California Government
Code;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1 .
A City Clerk administrative charge of
$22.00 is hereby established when the City of San
Bernardino incurs costs pursuant to Sections 8.33.050,
8.33.070 and 15.28.110 of the San Bernardino Municipal Code
on private property and building abatements.
SECTION 2 .
A City Clerk administrative charge of
$89.00 is hereby established when the City of San
Bernardino incurs costs pursuant to Sections 8.33.050,
8.33.070 and 15.28.110 of the San Bernardino Municipal Code
on private property and building abatements resulting in a
lien against the property.
SECTION 3 .
A City Cl~rk. administrative charge of
$24.00 is hereby established when the City of San
Bernardino incurs costs pursuant to Section 8.36.070 of the
San Bernardino Municipal Code on vehicle abatements
1
1
2
3
4
5
6
i
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II
RESOLUTION ESTABLISHING A CITY CLERK ADMINISTRATIVE FEE
resulting in a resolution confirming costs against the
property for liens.
SECTION 4. A City Clerk administrative charge of
$11.50 is hereby established when the City of San
Bernardino incurs costs pursuant to Section 8.27.100 of the
San Bernardino Municipal Code on weed abatements resulting
in a resolution confirming costs against the property for
liens.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof,
held on the day of
the following vote to wit:
1990, by
Council Members:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
City Clerk
2
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION ESTABLISHING A CITY CLERK ~MINISTRATIVE FEE
1
2
3
4
5
6
The foregoing resolution is hereby approved this
day of
1990.
w. R. Holcomb, Mayor
City of San Bernardino
7
Approved as to form
and legal content:
8
James F. Penman
9 City Attorney
3