HomeMy WebLinkAboutResolution - 3941Resolution No. 3941
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STATE OF CALIFORNIA ) RESOLUTION NO. 3941
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 2022-2023
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 h as 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 2022-2023 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 2022-2023 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 th e
City, for costs remaining unpaid as of July 5, 2022, 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, 2022 and ending June 30,
2023. 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 68-2803FC.
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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 5th day of July, 2022 by the following
vote:
AYES: Ayala, Ledezma, Hawkins, Heath, Ruiz
NAYS: None
ABSENT: None
ABSTAIN: None
CITY OF SAN JACINTO:
Crystal Ruiz, Mayor
ATTEST:
____
Julia Espinoza, City Clerk
City of San Jacinto
APPROVED AS TO FORM:
____________________________
Michael Maurer, City Attorney
Best Best & Krieger LLP
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
CERTIFICATION
I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that
the foregoing Resolution No. 3941 as duly passed, and adopted at a regular
meeting of the City Council of the City of San Jacinto held on the 5th day of July,
2022, by the following vote:
AYES: Ayala, Ledezma, Hawkins, Heath, Ruiz
NAYS: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEROF, I HAVE HEREUNTO SET MY HAND, AND THE Official
Seal of the City of San Jacinto this 5th day of July, 2022.
____________________________
Julia Espinoza, City Clerk
City of San Jacinto
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EXHIBIT “A”
List of Assessments
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