HomeMy WebLinkAboutResolution 2017-098 N.C.S. 07/03/2017Resolution No. 2017 -098 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING A LIEN AGAINST PROPERTY LOCATED AT
1645 WEAVERLY DRIVE FOR PENALTIES FOR VIOLATIONS OF THE
PETALUMA MUNICIPAL CODE THAT REMAIN UNPAID BY THE
RESPONSIBLE PARTIES AND AUTHORIZING THE RECORDATION
OF A LIEN ON THE PROPERTY 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 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 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 Cleric
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
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 be enforced by the
recordation of a lien against the property of the owner of the real property where the nuisance
condition existed.; and
Resolution No. 2017 -098 N.C.S. Page 1
WHEREAS, in accordance with Petaluma Municipal Code section 1.14.130, on July 3,
2017, the Police Chief provided to the City Council of Petaluma an itemized report detailing the
unpaid debts from 1645 Weaverly Drive located in Petaluma, as a result of administrative
enforcement dating back to 2015, all as shown and set forth on the attached Cost Report; 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 refereed 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 Report, and the amount of $41,500, is hereby confirmed, and as
to the delinquent parcel known as 1645 Weaverly Drive, Petaluma, the amount shown for
such parcel constitutes a lien against the property.
2. In accordance with Petaluma Municipal Code section 1.14.130(D), a copy of this City
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 City 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.
3. In accordance with Petaluma Municipal Code section 1.14.020(C), proof of service of the
City 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 City Council order and retained by the enforcement officer.
4. In accordance with Petaluma Municipal Code section 1.14.140(B), before recordation of
a lien authorized by this section, a notice of lien shall be served on the responsible party
and /or owner of record of the parcel of land on which the nuisance existed, based on the last
equalized assessment roll or the supplemental roll, whichever is more current. The notice of
lien shall be served in the same manner as a summons in a civil action. If the owner of record
cannot be found, after a diligent search, the notice of lien may be served by posting a copy
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thereof in a conspicuous place upon the property for a period of ten days and publication
thereof in a newspaper of general circulation published in Sonoma County.
5. In accordance with Petaluma Municipal Code section 1.14.140(D), 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).
6. A copy of this City Council Order shall be received by the County Recorder's Office for
placement of the lien on the real property.
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 3`d day of July, 2017,
by the following vote:
AYES: Albertson, Mayor Glass, Kearney, Miller
NOES: Vice Mayor Barrett, Healy, King
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk ayor
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