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Home My WebLink About75A - PH - ABATEMENT OF DANGEROUS AND ABANDONED BLDGSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: PUBLIC HEARING - RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2008-2009 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charge 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 activity. 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. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous and abandoned properties. This year the outstanding charge for work performed on one parcel is $1,837.50 (Exhibit 1) The property owner name is provided in Exhibit 2. The most effective method of collection is to submit this charge to the office of the County Auditor/Controller in order that it may be placed as a lien on the property tax rolls. The charge must be submitted to the County by their deadline of August 10, 2009. 75A-1 Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings July 6, 2009 Page 2 FISCAL IMPACT The recovered charge will result in an estimated $1,837.50 in the Special Repair and Demolition Fund (fund no. 121-01-5579). APPROVED AS TO FUNDS AND ACCOUNTS: JayjM. Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency_l' ER:rb rb\reports\FY08-09 Cost Recovery 75A-2 Jurisdiction 061 Santa Ana AC62L05A -Form B2 Type of Tax C-2 Special Assessment Add Transactions Date: July 6, 2009 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 AP 109-091-39 $1,837.50 TOTAL: $1,837.50 EXH/B/T 1 75A-3 DANGEROUS AND ABANDONED BUILDINGS AND STRUCTURES (D.A.B.S.) FISCAL YEAR 2008-2009 PROPERTY OWNER LISTING ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Felipe Mireles 1152 S. Clara 109-091-39 1152 S. Clara $1,837.50 Santa Ana, CA 92704 TOTAL: $1,837.50 EXHIBIT 2 7 5A-4 RESOLUTION NO. 2009-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND 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 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. 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 and 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. B. The Executive Director of the Planning and Building Agency has given notice as required by law, in which the 6th day of July, 2009, at the hour of 6:00 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. C. 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. Section 3. 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 75A-5 Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2009. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. 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 2009-2010 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney 75A-6 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-7 Jurisdiction 061 Santa Ana AC62L05A -Form B2 Type of Tax C-2 Special Assessment Add Transactions Date: July 6, Zoos PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 AP 109-091-39 $1,837.50 TOTAL: $1,837.50 EXHIBIT 1 75A-8 DANGEROUS AND A6ANDONED 6UILDINGS AND STRUCTURES (D.A.B.S.) FISCAL YEAR 2008-2009 PROPERTY OWNER LISTING ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Felipe Mireles 1152 S. Clara 109-091-39 1152 S. Clara $1,837.50 Santa Ana, CA 92704 TOTAL: $1,837.50 EXHIBIT 2 75A-9 75A-10