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HomeMy WebLinkAbout17-036 - Resolutions - NUISANCE ABATEMENTS ON PRIVATE PROPERTY, LIENS RESOLUTION NO. 17-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF UNPAID NUISANCE ABATEMENTS ON PRIVATE PROPERTY, WHICH SHALL CONSTITUTE SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE PARCELS OF LAND AND SHALL BE COLLECTED FOR THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AT THE SAME TIME AND IN THE SAME MANNER AS ORDINARY COUNTY AD VALOREM PROPERTY TAXES WHEREAS, pursuant to Section 8.23.160 of the City of Rancho Cucamonga Municipal Code, code enforcement staff did issue a Notice to Abate to the property owners of record which included the violation existing at the property and the required correction with a due date at least ten days after the service, and such notice was served by Certified Mail; and, WHEREAS, pursuant to Sections 8.23.170 of the City of Rancho Cucamonga Municipal Code, the code enforcement officer found the violation remained at the property after the due date for compliance and authorized private contractors to abate the nuisance; and, WHEREAS, pursuant to Section 8.23.180 of the City of Rancho Cucamonga Municipal Code, staff members did keep an accounting of the costs and incidental expenses for abating such nuisance on each parcel; and, WHEREAS, the City Council has caused to be prepared a report of unpaid abatement fees; and, WHEREAS, a copy of said report is attached hereto, marked Exhibit "A" and made a part of this Resolution; and, WHEREAS, the City Council scheduled 7:00 p.m. on May 17, 2017, at the City of Rancho Cucamonga City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, California as the time and place for hearing the report and any objections or protests thereto; and, WHEREAS, the City Council caused notice of the hearing to be mailed certified to the property owners listed on the report, at their addresses as shown on the last equalized assessment roll, not less than ten (10) days prior to the date of the hearing; and, WHEREAS, at the hearing, the City Council heard all objections or protests of property owners, or their representatives, liable to be assessed for delinquent charges; and, WHEREAS, the City Council has made such revisions and corrections to the report as it deems just. RESOLUTION NO. 17-036 - Page 1 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA HEREBY RESOLVES AS FOLLOWS: Section 1. That the unpaid costs of nuisance abatement set forth in the report attached hereto as Exhibit "A" are hereby confirmed. Section 2. That pursuant to California Government Code Sections 38790.1 and 25831, the delinquent charges set forth in the confirmed report shall constitute special assessments against the respective parcels of land and is a lien on the property for the amount of the delinquent charges. Section 3. That the City Clerk is instructed to file a certified copy of this Resolution, including the confirmed report, with the San Bernardino County Auditor/Controller for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment (tax) roll. Section 4. That the City Clerk is instructed to record a certified copy of this Resolution, including the confirmed report, in the office of the County Recorder of San Bernardino County. Section 5. Collection Procedure. That the assessments shall be collected for the City of Rancho Cucamonga, California, at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent charges, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. RESOLUTION NO. 17-036 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 17 day of May, 2017. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None 4011. _ -_ .eAki ,L._, 'Dennis Michael, a .1- ATTEST: rATTEST: Q,�u. L e- letyitab J nice C. Reynolds, Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 17th day of May 2017. Executed this 18th day of May 2017 at Rancho Cucamonga, California. ;ib,,,,,,,, ce C. Reynolds, CI rk RESOLUTION NO. 17-036 - Page 3 of 3 City of Rancho Cucamonga Council Resolution 17-036 Exhibit A APN Address Owner Date of Abatement Amount of Abatement Fees Due Total Due 0201-362-04-0000 6230 Filkins Ave. Dorothea E.Arnold 5/31/2007 1,426.50 65.00 1,491.50 0209-104-21-0000 10250 24th St. Anthony and Lupe Urtiaga 1/31/2012 2,386.86 65.00 2,451.86 Total Due: 3,943.36