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
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