Loading...
HomeMy WebLinkAboutResolution - 3404 STATE OF CALIFORNIA) RESOLUTION NO. 3404 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 CERTAIN SUPPLEMENTAL UNPAID NUISANCE ABATEMENT COSTS ON THE COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2011-2012 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 has duly given notice of an emergency abatement to .,.. the owner, occupant or person in control of the property in accordance with Municipal Code Chapter 8.44 and applicable law, and followed all proper procedures as required under the Municipal Code and applicable law, to address the emergency abatement of a nuisance by duly noticing the owner, occupant or person in control of the property; and WHEREAS, the City 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 have been imposed against the respective subject properties, and shall therefore constitute a special assessment in accordance with Municipal Code Chapter 8.44 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 Section 38773.5; and 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 2443S_H0000r�)684'4 1 1 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 2011-2012 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 2011-2012 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: Following notice duly given the owner, occupant or person in control of the property, the City Council has held a public hearing regarding the levy of the proposed special assessments within the City, for costs remaining unpaid as of September 28, 2011, to reimburse the City for the costs and expenses of abating property. All interested persons were afforded the opportunity to hear and be heard regarding protests and objections have been considered by the City Council. 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. SECTION 3: The adoption of this resolution constitutes the levy of an assessment for the Fiscal Year commencing July 1 , 2011 and ending June 30, 2012, 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. 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. 24VA.H0000 696WS, 1 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 20th day of September 2011, by the following vote: Ayes: Bartel, Di Memmo, Kotyuk, Ledezma, Miller Nays: None Abstain: None Absent: None City of San Jacinto t ; Scott Miller, Mayor ATTEST: Ric rd Miller, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP Jeffrey S Balling City Attorney EXHIBIT "A" List of Assessments 24439 110000 69047&1 ,� City of San Jacinto Tax Roll placement-Tax Year 2011-2012 Emergency Weed Abatement Charges County Fund 68-2803 -San Jacinto Code Violations Assessor Parcel Number Amount 437-310-029 1,3C2 438-030-012 904 438-040-OC6 576 438-04C-CC7 959 438-040-008 965 438-040-009 605 439-180-015 1,097 TOTAL 6,408 %Mw low