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Home My WebLink About75A - PH UNCOLLECTED ABATEMENT COSTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 3, 2018 TITLE: PUBLIC HEARING — RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS AND APPROVAL OF APPROPRIATION ADJUSTMENT (STRATEGIC PLAN NO. 5,4) 4 r CITt MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2017-2018 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charges to the office of Auditor -Controller, County of Orange. 2. Approve an appropriation adjustment recognizing $28,332.87 in the Special Repair and Demolition Fund revenue account (no. 12116002-53507) for fiscal year 2018-19 and appropriating the same in the expenditure account (no. 12116540-62300). DISCUSSION The City's Dangerous and Abandoned Building (DABS) Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance and may harbor illegal activity. The abatements are accomplished by boarding up the structures and in some cases demolishing the building. Property owners are notified and given 2 to 30 days to abate the illegal conditions. If the property owner does not correct the violations within the required timeframe, the City through its contractors, will perform the work. All property owners have been notified of the outstanding abatement costs and the scheduling of this public hearing. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs, which include staff related costs, expended for abatement of dangerous and abandoned properties. The City maintains a detailed account of all costs incurred in the abatement of the public nuisance pursuant to the municipal code. The outstanding charge for work performed on six parcels is $28,332.87 (Exhibit 1). The property owner information is provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor/Controller in order that they may be placed as a lien on the property tax rolls. Charges must be submitted to the County of Orange by their deadline of August 10, 2018. 75A-1 Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings and Approval of Appropriation Adjustment July 3, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 5 - Community Health Livability, Engagement and Sustainability, Objective # 4 (Support neighborhood vitality and livability). FISCAL IMPACT The recovered charge will result in a $ 28,332.87 deposited in the Special Repair and Demolition Fund (Account No. 12116002-53507). Approval of the appropriation adjustment will appropriate the $28,332.87 in Code Enforcement's Special Repair and Demolition Expenditure Fund (Account No. 12116540-62300). Minh Thai Executive Director Planning and Building Agency ER:rb S:RFCA107-03-18\PBA Uncollected Cost for Abatement DAB Exhibits: 1. Parcel Assessment Amounts 2. Property Owner Listing 3. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez (15A) Executive Director Finance & Management Services Agency 75A-2 AC621-05A— Form 132 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax CC=2 Date July 3. 2018 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 010-121-43 $ 4,190.00 405-163-30 $ 2,698.20 398-132-01 $ 6,739.89 400-251-03 $ 2,619.25 403-185-11 $ 6,232.60 398-208-08 $ 5,852.93 TOTAL $ 28,332.87 EXHIBIT 1 75A-3 75A-4 PROPERTY OWNER LISTING FISCAL YEAR 2017-2018 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESJMEN 1 Robert M. Canvin 941 W. Bishop St. AP# 010-121-43 941 W. Bishop $ 4,190.00 Santa Ana, CA 92703 Ramon V. Prado 1117 S. Main St. AP# 405-163-30 Bertha G. Prado $ 2,698.20 3455 S. Sheffield Road Santa Ana. CA 92704 Main State, LLC 1327 N. Main St. AP# 398-132-01 Christopher P. Ayayo, Agent for Svc. $ 6,739.89 3070 Bristol Street, Suite 120 1638 E. 170 St. AP# 400-251-03 Bill Perry, Agent for Service $ 2,619.25 1830 Port Taggart Place Newport Beach, CA 92620 1815 S. Main Street Law Office, LLC 1815 S. Main St. AP# 403-185-11 Mike Ditch, Agent for Service $ 6,232.60 32565 B Golden Lantern Street #316 310-312 S. Main St. AP# 398-208-08 Mike Ditch, Agent for Service 32565 B Golden Lantern Street #316 Dana Point. CA 92629 EXHIBIT 2 75A-5 $ 5,852.93 75A-6 LS 7.3.18 RESOLUTION NO 2018-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City's Dangerous and Abandoned Buildings (DABS) Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board -ups and/or demolition. B. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing property and/or demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. C. The Executive Director of the Planning and Building Agency has given notice of the public hearing as required by law, in which the 3'd day of July, 2018, at the hour of 5:45 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. D. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Exhibit 3 75A-7 LS 7.3. 18 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 4. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2018. Section 5. The County Auditor is requested to enter the assessments on the county tax rolls. Section 6. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 7. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2017-2018 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this _ day of July, 2018 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: ABSTAIN NOT PRESENT: Councilmembers Councilmembers Councilmembers 75A-8 Miguel.A. Pulido Mayor LS 7.3.18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council of the City of Santa Ana on July_, 2018. Date: Clerk of the Council, City of Santa Ana 75A-9 AC621-05A — Form B2 LS 7.3.18 Jurisdiction 061 Santa Ana Special Assessment Add Transactions Type of Tax C_2 Date July 3. 2018 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16.23 010-121-43 $ 4,190.00 405-163-30 $ 2,698.20 398-132-01 $ 6,739.89 400-251-03 $ 2,619.25 403-185-11 $ 6,232.60 398-208-08 $ 5,852.93 TOTAL $ 28,332.87 EXHIBIT 1 75A-10 LS 7.3.18 PROPERTY OWNER LISTING FISCAL YEAR 2017-2015 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Robert M. Canvin AP# 010-121-43 941 W. Bishop 941 W. Bishop St. Santa Ana, CA 92703 $ 4,190.00 Ramon V. Prado 1117 S. Main St. AP# 405-163-30 Bertha Prado $ 2,698.20 3455 S.. Sheffield Road Santa Ana, CA 92704 Main State, LLC 1327 N. Main St. AP# 398-132-01 Christopher P. Ayayo, Agent for Svc. $ 6,739.89 3070 Bristol Street, Suite 120 Costa Mesa, CA 92626 SANA Partners, LLC 1638 E. 17'^ St. AP# 400-251-03 Bill Perry, Agent for Service 1830 2,619.25 1830 Port Taggart Place Newport Beach, CA 92620 1815 S. Main Street Law Office, LLC Mike Ditch, Agent for Service 1815 S. Main St. AP# 403-185-11 32565 B Golden Lantern Street #316 $ 6,232.60 Dana Point, CA 92629 Le Sage Real Estate Partners; LLC 310-312 S. Main St. AP# 398-208-08 Mike Ditch, Agent for Service 32565 5,852.93 32565 B Golden Lantern Street #316 Dana Point, CA 92629 EXHIBIT 2 75A-11 75A-12