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HomeMy WebLinkAboutResolution - 3820STATE OF CALIFORNIA ) RESOLUTION NO. 3820 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 2020-2021 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 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 1 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 2020-2021 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 2020-2021 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 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 7, 2020 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, 2020 and ending June 30, 2021. 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. SEC�N 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. 2 PASSED, APPROVED and ADOPTED, the 7th day of July, 2020 by the following vote: AYES: Utz, Ruiz, Lopez, Kotyuk, Ledezma NAYS: None ABSENT: None ABSTAIN: None ATTEST: cc,�- JLW Espingza, Records Clerk City of San Jacinto APPROVED AS TO FORM: Best Best & Krieger LLP Michael Maurer, City Attorney CITY OF SAN JACINTO: m", Andrew Kotyuk, Mayor 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Records Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3820 as duly passed, and adopted at a regular meeting of the City Council of the City of San Jacinto held on the 7th day of July, 2020, by the following vote: AYES: Utz, Ruiz, Lopez, Kotyuk, Ledezma NAYS: None ABSENT: None ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 7h day of July, 2020. "-"' CL. �& urEspinoza, Records Clerk City of San Jacinto 11 EXHIBIT "A" List of Assessments