HomeMy WebLinkAboutResolution 2016-117 N.C.S. 07/18/2016Resolution No. 2016 -117 N.C. S.
of the City of Petaluma, California
RESOLUTION APPROVING SPECIAL ASSESSMENT LIENS IN THE AMOUNT OF
$90,315.78 AGAINST THE PROPERTIES LOCATED AT 924 ALDERWOOD COURT,
13 ARLINGTON DRIVE, 1020 ASPEN WAY, 1520 BAYWOOD DRIVE, 1017 CAROB
COURT, 897 CRINELLA DRIVE, 1601 CULPEPPER DRIVE, 1059 DANIEL DRIVE,
1520 EAST MADISON STREET, 1601 EAST MADISON STREET, 2072 HARRISON
STREET, 16 LOCUST COURT, 1050 MARIA DRIVE, 116 PAYRAN STREET, 1208 ST.
JOSEPH WAY, 1432 SUNRISE PARKWAY, 15 WALLACE COURT, 1645 WEAVERLY
DRIVE, 420 WESTERN AVENUE, WITHIN THE CITY OF PETALUMA FOR COSTS
AND PENALTIES FOR VIOLATIONS OF THE PETALUMA MUNICIPAL CODE
THAT REMAIN UNPAID BY THE RESPONSIBLE PARTIES AND AUTHORIZING
THE RECORDATION OF A LIEN AND PLACEMENT OF AN ASSESSMENT
ON THE PROPERTY TAX ROLL FOR COLLECTION
WHEREAS, Petaluma Municipal Code section 1.14.060(B) states that if the amount of
any penalty imposed for a violation relating to an affected property has not been satisfied in full
within sixty days of the date due and has not been successfully challenged by appeal or in court,
the penalty amount may become a special assessment or lien against the affected property, as
provided in Section 1.14.140; and
WHEREAS, Petaluma Municipal Code section 1.14.060(B) states that if the City elects
to make any penalty a special assessment or lien against the affected property, a statement of the
amount due, and any additional costs or expenses that might be recoverable as part of the
enforcement action, shall be prepared and submitted to the City Council for confirmation in
accordance with the procedures described in Section 1.14.130; and
WHEREAS, Petaluma Municipal Code section 1.14.130(A) states in relevant part that if
any order authorizes the City to abate a nuisance condition or other code violations, the City
official responsible for such abatement shall keep an accounting of the cost of abatement along
with any other recoverable costs, and shall render a written report ( "the cost report") to the city
council showing the cost of removing and /or abating the nuisance condition and describing the
work performed and the cost report shall be agendized as a public hearing item by the City clerk
at a subsequent City council meeting following the required notice periods; and
WHEREAS, Petaluma Municipal Code section 1.14.130(B) requires that at least ten
days prior to the submission of the cost report to the City Council, the City Clerk's office or their
designee shall cause a copy of the cost report to be mailed to the responsible party and /or to the
owner of the property where the nuisance condition existed and if the nuisance concerns real
property, a copy of the cost report shall be mailed to the owner(s) at the address shown for such
owner(s) on the last tax roll; and
WHEREAS, Petaluma Municipal Code section 1.14.130(B) requires the City Clerk's
office or their designee to also cause a notice of hearing to be mailed to the same person(s) or
entity receiving a copy of the cost report and the notice of hearing shall set forth the date, time
and location of the City Council meeting at which the cost report shall be submitted to the City
Council; and
Resolution No. 2016 -117 N.C.S. Page 1
WHEREAS, Petaluma Municipal Code Section 1.14.140(D) states in relevant part, that
any penalty imposed for violations of this code, including any other codes or statutes that have
been incorporated into this code, and any costs of enforcement or administration or expenses
associated with the abatement of any nuisance levied in accordance with Chapters 1.10 through
1. 16, whether imposed or levied judicially or administratively, may become a special assessment
against the real property where the nuisance condition(s) existed and the special assessment
imposed on real property pursuant to this section may be collected at the same time and in the
same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties
and the same procedure and sale in case of delinquency as are provided for ordinary municipal
taxes; and
WHEREAS, in accordance with Petaluma Municipal Code section 1.14.130, on July 18,
2016, the Police Chief provided to the City Council of Petaluma an itemized report detailing the
unpaid debts from 27 properties located in Petaluma, as a result of administrative enforcement
dating back to 2008, all as shown and set forth on the attached Cost Report and Property Tax
Levy Form Detailing Unpaid Debts; and
WHEREAS, in accordance with Petaluma Municipal Code sections 1.14 and 1. 16, the
property owners have not exercised their rights to appeal the original fines and penalties
imposed; and
WHEREAS, in accordance with Petaluma Municipal Code section 1.14.130(B), a cost
report and notice of hearing for special assessment was mailed, via U.S. Mail and certified mail,
return receipt requested, to the identified property owners at the addresses listed on the most
recent Tax Assessor's Role, advising the property owners of the City of Petaluma's intent to
impose a special assessment for all outstanding debts that remained after 10 days of said notice;
and
WHEREAS, at the time and place referred to in said notice, the City Council heard the
Police Chief's Cost Report, together with any objections raised by the property owners, and the
City Council made its recommendations and any modifications it deemed necessary to be
included in the final report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The Police Chief's Cost Reports ( "the Report"), and each amount and part thereof, is
hereby confirmed, and as to the delinquent parcels listed therein, the amount shown
for such parcel constitutes a special assessment against the property.
2. In accordance with Petaluma Municipal Code section 1.14.130(D), a copy of this
Council order confirming costs against the responsible party shall be served on the
responsible party within ten days of such order in the manner described in Section
1.14.020(B), which states that it shall be served upon the responsible party or owner
personally or by United States mail, first -class postage prepaid, and if by such mail, it
shall be sent to the last known address listed on the most recent tax assessor's
records; when service is by first -class mail, a copy of the Council order shall be
conspicuously posted at the affected property when reasonably practicable for a
period of not less than three calendar days prior to the first date of commencement of
the action.
Resolution No. 2016 -117 N.C.S. Page 2
3. In accordance with Petaluma Municipal Code section 1.14.020(C), proof of service of
the Council order confirming costs shall be certified by a written declaration under
penalty of perjury executed by the person effecting service, declaring the date, time
and manner of service, and the date and place of posing, if applicable and the
declaration shall be affixed to a copy of the Council order and retained by the
enforcement officer.
4. In accordance with Petaluma Municipal Code section 1.14.140(1)), a notice of any
special assessment that is levied on real property shall be given to the owner by
certified mail, and shall contain the information set forth in Government Code
Section 38773.5(c); and
5. A copy of this Order shall be received by the County Auditor - Controller Treasurer
Tax Collector's Office for placement of the special assessment on the real property
prior to August 10, 2016 for placement on the 2016 property tax roll, which shall be
collected at the same time and in the same manner as ordinary municipal taxes are
collected.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 18th day of July, 2016,
by the following vote:
AYES: Albertson, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
NOES:
None
ABSENT:
Barrett
ABSTAIN:
None
ATTEST:
aau
City Clerk
Mayor
City
Resolution No. 2016 -117 N.C.S. Page 3