Loading...
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