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HomeMy WebLinkAbout14-070 - Resolutions RESOLUTION NO. 14-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONFIRMING THE COST REPORT FOR ABATEMENT OF A NUISANCE AT 10126 DORSET STREET (APN 1077-391-31) A. Recitals 1. On April 2, 2013, the City of Rancho Cucamonga ("City") red-tagged the property located at 10126 Dorset Street, City of Rancho Cucamonga, California, also known as San Bernardino County Tax Assessor's Parcel Number 1077-391-31 ("Property') because the City Building Official deemed it uninhabitable under the 1997 Uniform Housing Code. On April 3, 2013, the City contracted with CD Properties to board-up the single-family residence on the Property. On April 9, 2013, the City personnel paid for and posted a 'No Trespass' sign on the Property. 2. On May 2, 2013, the City initiated an emergency abatement pursuant to Rancho Cucamonga Municipal Code ("RCMC") Section 8.23.090. The City contracted with CD Property Service to secure the single-family residence on the Property and cut the landscaping on the Property. 3. On November 20, 2013, the San Bernardino Superior Court issued an abatement warrant in the matter of City of Rancho Cucamonga v. The Heirs or Devisees of Lorene Bond, et al., Case No. CIVRS1304638, Warrant No. MISC131028 authorizing the City to abate the nuisance conditions then existing on the Property. The conditions constituting the nuisance on the Property included but were not limited to forced entry into the residence and a general dilapidation of the Property, including peeling paint, broken windows, overgrown vegetation, and a hole in the roof of the single-family residence. 4. The City thereafter contracted with HK Construction and Burrtec Trash Service to abate the nuisance conditions of the Property, which work was done on November 21 and 22, 2013. 5. Pursuant to RCMC Section 8.23.180, the City's code enforcement officer, kept an account of the cost (including incidental expenses) of abating the nuisance on the Property and prepared an itemized report ("Report") to the City Council showing the cost of abatement to be $5,602.58. A copy of the Report is attached as Exhibit A to this Resolution. 6. Pursuant to RCMC Section 8.23.180, the City served a copy of the Report together with a notice of the time when the report would be received and considered by the City Council for confirmation to Lorene Bond, the recorded owner of the Property. The City also served the United States Attorney, the Attorney General of the United States, the County of San Bernardino, Johnny Lee Bond, Patricia Lenz, Frances Russell, Jeremiah Bond, and Melvin Bond as the holders of any mortgage or deed of trust or other lien or encumbrance of record, and the holders of any other estate or legal interest of record in or to the building or the land. Service of the Report and notice was completed on April 2, 2014. 7. On April 16, 2014, at its regularly scheduled meeting, the City Council received and considered the Report and heard all persons wishing to object to or protest the Report. Resolution No. 14-070 - Page 1 of 3 8. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council hereby finds and resolves as follows: 1. Based on the evidence presented to the City Council during the April 16, 2014 hearing regarding the cost of abating the nuisance on the Property and the entirety of the administrative record in this matter, the City Council hereby finds as follows: a. The facts set forth in Recitals, Part A, of this Resolution are true and correct. b. The Report contains an accurate and complete account of the cost of abating the nuisance on the Property. 2. Based on the findings and conclusions contained in paragraphs B.1 and B.2, the City Council hereby confirms all costs set forth in the Report. 3. The City Manager is hereby directed to take such steps as are necessary or convenient to collect the costs set forth in the Report, including but not limited to imposing the costs as a special assessment against the Property, recording a notice of lien against the Property, and foreclosing on the lien if necessary. 4. The City Clerk is directed to certify to the adoption of this Resolution and transmit copies of this Resolution by certified mail, return receipt requested to the Property owner, and cause a certified copy of this Resolution to be placed permanently in City records. Resolution No. 14-070 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 161h day of April 2014. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None ennis Michael, Mayor ATTEST: G • to ce C. Reynolds, City Jerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 16`h day of April 2014. Executed this 17`h day of April 2014, at Rancho Cucamonga, California. Q'. - ' du al' ce C. Reynolds, Cit Clerk Resolution No. 14-070 - Page 3 of 3