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Home My WebLink AboutItem 38 - Recovery of Uncollected Costs for Abatement of Buildings38. Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings Legal Notice published in the Orange County Reporter on July 7, 2023 and notices mailed on July 6, 2023. Department(s): Recommended Action: Adopt a resolution affirming the Fiscal Year 2022-2023 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor -Controller, County of Orange. RESOLUTION NO. 2023-XXXA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAANA 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 (includes determination that recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment) Planning and Building Agency www.santa-ana.org/planning-and-building Item # 38 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 18, 2023 TOPIC: Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings AGENDA TITLE Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings RECOMMENDED ACTION Adopt a resolution affirming the Fiscal Year 2022-2023 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor -Controller, County of Orange. DISCUSSION The City's Dangerous and Abandoned Building 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 and nuisance activities. The abatements are accomplished by board -ups and/or demolition. Property owners are given 2 to 30 days to abate the conditions or the City, through its contractors, will perform the work. The property owners are then notified of the outstanding abatement costs every 30 days until the Planning and Building Agency is reimbursed for the expenditure. For Fiscal Year 22-23, Code Enforcement secured abandoned buildings and assisted the Santa Ana Police Department in the city's continued effort to address illegal activities and establishments through public nuisance abatement actions. In addition to the issuance of the Notice and Orders advising property owners of the need to address concerns on the property, pursuant to the Santa Ana Municipal Code, the Finance Agency assists the city in the recovery of costs associated with the public nuisance abatement actions by sending monthly invoices for cost recovery. The amount invoiced includes city -approved contractual services providing board -up services, security, and recovery of city staff time. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous buildings and against reluctant property owners. The outstanding charge for work performed on six individual Dangerous and Abandoned Building Assessment July 18, 2023 Page 2 addresses this year is $44,964.40.Exhibit 1 provides parcel numbers and the total assessment amount. The property owner names are provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor -Controller, so that they can be placed as a lien on the property tax rolls. Charges must be submitted to the County of Orange. ENVIRONMENTAL IMPACT The proposed action does not constitute a "project" under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5). The adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment, According it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended. FISCAL IMPACT The recovered charges will result in an estimated $44,964.40 deposited in the Special Repair and Demolition Fund (Account No.12116002-53507). EXHIBIT(S) 1. Parcel Assessment Amount 2. Property Owner Listing 3. DABS Resolution Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager AC621-05A — Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C=2 Date August 20, 2023 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 016-035-09 $6,519.57 398-052-04 $8,829.60 398-523-07 $17,116.27 108-584-07 $786.63 198-251-56 $7, 787.19 014-012-27 $3,925.14 TOTAL $44,964.40 EXHIBIT 1 PROPERTY OWNER LISTING FISCAL YEAR 2022-2023 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Carl A. Hallgren, Trustee 2405 S. Maple St. AP# 016-035-09 Santa Ana, CA 92707 $6,519.57 2405 S. Maple Gloria Sanchez 614 N. Patricia AP# 398-052-04 614 N. Patricia Ln. $8,829.60 Santa Ana, CA 92701 Edward R. Danoff 1323 N. Broadway AP# 398-523-07 1323 N. Broadway $17,116.27 Santa Ana, CA 92706 Paul Nguyen Diana Nguyen 5217 W. Wisteria AP# 108-584-07 5217 W. Wisteria Pl. $786.63 Santa Ana, CA 92704 Homero Martinez 407 N. Laurel AP# 198-251-56 407 N. Laurel St. $7,787.19 Santa Ana, CA 92703 Mauro Gonzalez, Trustee 1246 S. Orange Ave. 1246 S. Orange AP# 014-012-27 Santa Ana, CA 92707 $3,925.14 EXHIBIT 2 brs 6/14/23 RESOLUTION NO. 2023-xx 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 18t" day of July, 2023, 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 person 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 objection 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 Resolution No. 2023-XX Page 1 of 3 brs 6/14/23 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. 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, 2023. 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 2022-2023 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of July, 2023 Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: (an don Salvatierra Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2023-XX Page 2 of 3 brs 6/14/23 CERTIFICATE OF ATTESTATION AND ORIRGINALITY I, Jennifer L. Hall, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original resolution adopted by the City Council of the City of Santa Ana on July 18, 2023. Date: Jennifer L. Hall City Clerk, City of Santa Ana Resolution No. 2023-XX Page 3 of 3 EXHIBIT 1 AC62L05A — Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C=2 Date _August 20, 2023 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 016-035-09 $6,519.57 398-052-04 $8,829.60 398-523-07 $17,116.27 108-584-07 $786.63 198-251-56 $7,787.19 014-012-27 $3,925.14 TOTAL $44,964.40 EXHIBIT 1 EXHIBIT 2 PROPERTY OWNER LISTING FISCAL YEAR 2022-2023 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Carl A. Hallgren, Trustee 2405 S. Maple St. AP# 016-035-09 Santa Ana, CA 92707 $6,519.57 2405 S. Maple Gloria Sanchez 614 N. Patricia AP# 398-052-04 614 N. Patricia Ln. $8,829.60 Santa Ana, CA 92701 Edward R. Danoff 1323 N. Broadway AP# 398-523-07 1323 N. Broadway $17,116.27 Santa Ana, CA 92706 Paul Nguyen Diana Nguyen 5217 W. Wisteria AP# 108-584-07 5217 W. Wisteria Pl. $786.63 Santa Ana, CA 92704 Homero Martinez 407 N. Laurel AP# 198-251-56 407 N. Laurel St. $7,787.19 Santa Ana, CA 92703 Mauro Gonzalez, Trustee 1246 S. Orange Ave. 1246 S. Orange AP# 014-012-27 Santa Ana, CA 92707 $3,925.14 EXHIBIT 2