HomeMy WebLinkAboutResolution - 3524 STATE OF CALIFORNIA) RESOLUTION NO. 3624
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, CONFIRMING THE COLLECTION AND ASSESSMENT OF
UNPAID NUISANCE ABATEMENT COSTS AND ADMINISTRATIVE
CITATIONS ON THE COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR
2014-2015
WHEREAS, the City of San Jacinto declares its intent to have minimum
maintenance of property in the City and to identify and remedy conditions found to exist
in land within the City that is considered to be detrimental to public health, safety or
welfare or which interfere with the reasonable enjoyment of life or property, and thereby
create a public nuisance; and
WHEREAS, the City of Jacinto has initiated proceedings for nuisance
abatements under Chapter 8.44 et.seq. under the City of San Jacinto Municipal Code;
and
WHEREAS, the City of San Jacinto has issued administrative citations for code
violations under Chapter 1.28 under the City of San Jacinto Municipal Code; and
WHEREAS, the City has duly given notice of a Declaration of Public Nuisance in
accordance with M.C. 8.44.070 to the owner, occupant or person in control of the
property in accordance with M.C. 8.44.100 and followed all proper procedures as
required under the Municipal Code to address the abatement of a nuisance by duly
noticing the owner, occupant or person in control of the property; and
WHEREAS, the City has issued administrative citations and has abated property
due to a declared emergency abatement in those cases where a condition constituting
an immediate hazard or threat of harm and the City has abated property due to a failure
to voluntarily abate a declared notice in a reasonable time or reasonable manner by the
owner, occupant or person in control of the property; and
WHEREAS, such costs incurred by the City for property abatement and unpaid
administrative citations have been imposed against the respective subject properties,
and shall therefore constitute a special assessment in accordance with Municipal Code
8.44.220 and 1.28.110 and upon recordation in the office of the County Recorder shall
constitute a lien on the property in the amount of such assessment, pursuant to the
provisions of Government Sections 38773.5 (abatement) and 53069.4 (administrative
citations); and
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WHEREAS, the City Council hereby requests that the County, acting for the City,
add the amounts of the respective assessments to the next regular tax bills levied
against the respective lots and parcels of land, and thereafter the amounts shall be
collected at the same time and in the same manner as ordinary municipal taxes are
collected and shall be subject to the same procedure under foreclosure and sale in case
of delinquency as provided for ordinary municipal taxes; and
WHEREAS, the assessments proposed for the 2014-2015 Fiscal Year are
exempt from Proposition 218; and
WHEREAS, the adoption of this Resolution, among other things, is required to
levy the proposed special assessment for Fiscal Year 2014-2015 for the City;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto, as follows:
SECTION 1: Fallowing notice duly given to the owner, occupant or person in
control of the property before the Community Preservation Committee, the City Council
fully considered the levy of the proposed special assessments within the City, for costs
remaining unpaid as of July 10, 2014, to reimburse the City for the costs and expenses
of abating property and for any unpaid administrative citations. All interested persons
were afforded the opportunity to hear and be heard before the Community Preservation
Committee.
SECTION 2: The City Council hereby confirms the special assessments set forth
in Exhibit A. The City Council hereby requests that the County, acting for the City, add
the amounts of the respective assessments to the next regular tax bills levied against
the respective lots and parcels of land, and thereafter the amounts shall be collected at
the same time and in the same manner as ordinary municipal taxes are collected and
shall be subject to the same procedure under foreclosure and sale in case of
delinquency as provided for ordinary municipal taxes. Administrative citation and
abatement amounts may be removed from the tax roll, if such citations are paid
following the adoption of this Resolution, or if in the opinion of the City Manager and
City Attorney such removal is warranted.
SECTION 3: The adoption of this resolution constitutes the levy of an
assessment for the Fiscal Year commencing July 1, 2014 and ending June 30, 2015.
Said assessment is levied without regard to property valuation.
SECTION 4: The County Auditor of Riverside County shall enter on the County
Assessment Roll opposite each lot or parcel of land the amount of the assessment and
such assessment shall then be collected at the same time and in the same manner as
the County taxes are collected. After collection by the County, the net amount of the
assessments shall be paid to the City Treasurer.
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SECTION 5: The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a special fund known as San
Jacinto Code Violations Fund 68-2803.
SECTION 6: The City Clerk is hereby authorized and directed to file the
assessment with the County Auditor-Controller, together with a certified copy of this
Resolution upon its adoption.
PASSED, APPROVED and ADOPTED, this 15t" day of July, 2014 by the
following vote:
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: None
City of San Jacinto
ZoylSo Z r q .
Alonso Ledezma, Mayor
ATTEST:
Richard Miller, City Clerk
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