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HomeMy WebLinkAboutItem 30 - Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings Planning and Building Agency www.santa-ana.org/pb Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings AGENDA TITLE: Resolution Affirming the Fiscal Year 2020-2021 Dangerous and Abandoned Buildings Program Report and Authorizing the Transmittal of Uncollected Dangerous and Abandoned Building Charge in the Amount of $59,313.79 to the Office of Auditor Controller, County of Orange (Non-General Fund) RECOMMENDED ACTION Adopt a resolution affirming the Fiscal Year 2020-2021 Dangerous and Abandoned Buildings Program Report and authorizing the transmittal of uncollected Dangerous and Abandoned Buildings charge in the amount of $59,313.79 to the office of Auditor-Controller, County of Orange. DISCUSSION The City’s Dangerous and Abandoned Buildings (DABS) Program is an effective tool in abating unsecured and abandoned structures that are not properly maintained. When not properly maintained and secured, such properties become an attractive nuisance and harbor illicit and transient activities. Depending on the urgency and immediate threat to public safety, life, and property, a violating property owner is given between two to 30 days to abate the violations. Pursuant to the Santa Ana Municipal Code, the City provides proper notice, and advises each violating property owner of the need to address the violations. Upon the failure of a property owner to comply and address the violations, the City proceeds with abatement through its contractor. Abatement actions by the City range from the removal of trash and debris and fencing of a property to board-up of an abandoned structure, and in an exigent circumstance, demolition of an unsafe structure. After abatement, the Finance and Management Services Agency bills the owner for all abatement costs until the balance has been paid in full. 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 exercise legal recourse in order to recover the uncollected costs expended for abatement of dangerous buildings and against reluctant Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings July 20, 2021 Page 2 1 8 3 7 property owners. This year, the outstanding charge for work performed on eight individual addresses is $59,313.79. Exhibit 1 provides parcel numbers and 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 in order that they may be placed as a lien on the County’s property tax rolls. After adoption of the attached resolution (Exhibit 3), the charges will be submitted to the County of Orange to initiate this process. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The recovered charge will result in an estimated $59,313.79 deposited in the Special Repair and Demolition Fund (Account No. 12116002-53507). Fiscal Year Accounting Unit- Account # Fund Description Account Unit, Account Description Amount FY 21-22 12116002-53507 Special Repair and Demolition Fund Special Repair/Demolition $59,313.79 EXHIBIT(S) 1. Parcel Assessment Amount 2. Property Owner Listing 3. DABS Resolution Submitted By: Minh Thai, Executive Director Approved By: Kristine Ridge, City Manager EXHIBIT 1 AC62L05A – Form B2 Jurisdiction 061 Santa Ana Special Assessment Add Transactions Type of Tax C-2 Date __August 20, 2021________ PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 109-266-19 $ 5,479.16 014-151-10 $ 10,931.09 405-114-13 $1837.87 198-161-25 $14,562.60 144-291-05 $2380.67 007-311-07 $6429.90 188-083-10 $10,045.47 002-102-18 & 32 $7647.03 TOTAL $ 59,313.79 EXHIBIT 2 PROPERTY OWNER LISTING FISCAL YEAR 2020-2021 ADDRESS PARCEL NO. OWNER/ADDRESS A SSESSMENT 1442 S. Bristol AP# 109-266-19 Kassabian, LLC 429 Santa Monica Blvd., Suite 360 Santa Monica, CA 90401 $ 5,479.16 1210 E McFadden #B AP# 014-151-10 Mcfadden Shopping Center P0 Box 15033 Newport Beach, CA 92659 $ 10,931.09 1020 N. Raitt 405-114-13 Cuong N. Pham Hanh M. Nguyen 1020 N. Raitt Street Santa Ana, CA 92703 $1837.87 3629 W. 5th Street 198-161-25 Tuyet LLC PO Box 4425 Downey, CA 90241 $14,562.60 3647 W. McFadden 144-291-05 MHBC LLC 1960 E. Grand Ave Suite 380 El Segundo, CA 90245 $2380.67 2056 W. Civic Center 007-311-07 Diem Ngo 15911 Plumwood Street Westminster, CA 92683 $6429.90 931 S. Newhope 188-083-10 Thuong V Le Thien-Thanh T. Loi 931 S. Newhope Santa Ana, CA 92704 $10,045.47 brs 6.10.21 Resolution No. 2021-XX Page 1 of 3 RESOLUTION NO. 2021-xx A RESOLUTON 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 20th day of July, 2021, 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 brs 6.10.21 Resolution No. 2021-XX Page 2 of 3 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, 2021. 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 2020-2021 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this ____ day of July, 2021 _______________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_________________________ Brandon Salvatierra Deputy City Attorney AYES: Councilmembers ________________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ _____________________ brs 6.10.21 Resolution No. 2021-XX Page 3 of 3 CERTIFICATE OF ATTESTATION AND ORIRGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-______ to be the original resolution adopted by the City Council of the City of Santa Ana on July 20, 2021. Date: ________________ ____________________________________ Clerk of the Council, City of Santa Ana DangerousandAbandonedBuildingsProgramRecoveryofUncollectedCost RECOMMENDEDACTIONCountyofOrange.Controller, -chargestotheofficeofAuditorBuildingsAbandonedAuthorizethetransmittalofuncollectedDangerousand •BuildingsProgram.DangerousandAbandoned2021 -2020AdoptaresolutionaffirmingtheFiscalYear • PROGRAMBACKGOUNDCodeEnforcementexecutesandassistssearch, inspection and abatement warrants. InpartnershipwiththeCityAttorney’s Office and Santa Ana Police Department(SAPD),nuisanceviolationsassociatedwithillegalgamingandcannabis. absenteelandlords, transient encampments, trash, debris, overgrown vegetation and public AttractiveNuisanceConcerns:Unsecured vacant lots and structures, illegal dumping, •communityandprovideharborageforillegalactivity. abatedangerousandabandonedstructuresthatcreateanattractivenuisancefortheTheDangerousandAbandonedBuildings (DABs) Program has been an effective tool to •maintainedbecomeacodeenforcementviolation. Propertiesandbuildingsthatareabandoned,extremely substandard or otherwise no longer • ResidentialPropertyHoarding & Property Maintenance Violations CommercialPropertyCannabisandIllegalGamingViolations Discussionwillabatetheconditionsthroughitscontractors. Ifthepropertyownersdonotabatetheconditionsaftertherequiredtimeframe, the City •toabatetheconditions. prescribedacomplianceperiodthatmayrequireimmediateactionand/or up to 30 days Dependingontheseverityofthehazardconditions, property owners are generally •Thepropertyownersareaffordeddueprocesstoabatetheconditions. •deferredpropertymaintenanceabatementonprivateproperties. inclusiveapproachtoaddressstructuraland -providescommunitywithanallactionsandHealth & Safety Code allows for abatement CodeEnforcementauthorityunderSAMCand • RECOVERYOFABATEMENTCOSTStotals $59,313.79This fiscal year’s20/21 uncollected abatement costs for worked performed on eight parcels •Auditor/Controller. UncollectedabatementchargesmustbesubmittedtotheOrangeCounty •taxrolls.theCountyAuditor/ Controller in order that they may be placed as a lien onthe property mosteffectivemethodofcollectionistosubmittheabatementchargestotheofficeofThe •costs. seeklegalrecoursetorecovertheuncollectedabatementcollection, including staff time, of all incurred costs. Each year,the City finds it necessary to propertyownerforthetheprocessallowscitytorecovercostsbychargingTheabatement •VIAPROPERTYLIENS PropertyOwnerListing2021-FiscalYear2020 Questions?