HomeMy WebLinkAboutResolution 2019-138 N.C.S. 08/05/2019Resolution No. 2019-138 N.C.S.
of the City of Petaluma, California
APPROVING SPECIAL ASSESSMENT LIENS IN THE TOTAL AMOUNT OF $5,910.28
ON THE PROPERTIES LOCATED AT 388 GRANT AVE, 1505 PHEASANT DR, AND
31 FAIRVIEW TER FOR COSTS RELATED TO 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. 14,120 states that the city may elect to
recover its costs to abate nuisance conditions or other code violations, including without
limitation the costs of any appeals hearing or Order to Show Cause (OSC) hearing (including
staff time necessary to prepare for and attend an appeals hearing or OSC hearing), any re -
inspections required to determine or confirm that compliance has been achieved, production of
all staff reports, environmental tests or measurements that are deemed necessary or appropriate
by the enforcement officer, third -party inspection(s) or consultant services as deemed necessary
by the city and any attorneys' fees incurred in pursuing enforcement; 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(13) 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(C) requires that at the time and
place fixed for receiving and considering the cost report, the city council shall hear a summary of
the cost report and any objections by the responsible party or property owner against whom such
costs are being charged or against whose property an abatement lien or special assessment may
be imposed. After considering the cost report and any objections thereto, the city council may
make such modifications to the cost report as it deems appropriate, after which the report may be
confirmed by order of 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 become a special assessment
on 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
Resolution No. 2019-138 N.C.S. Page 1
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 August
5, 2019, the Finance Director provided to the City Council of Petaluma an itemized report
detailing the unpaid debts from three properties located in Petaluma, as a result of administrative
enforcement dating back to 2016, all as shown and set forth on the attached Cost Reports and
Property Tax Levy Report Detailing Unpaid Debts; and
WHEREAS, in accordance with Petaluma Municipal Code sections 1.14 and 1. 16, the
property owners have either not exercised their rights to appeal the original fines and penalties
imposed, or they exercised their right to appeal and the appeal was denied; 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 on July 17, 2019, 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
Finance Director'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 Finance Director'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 on 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.
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 posting, 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(D), a notice of any
special assessment that is levied on real property shall be given to the owner by
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certified mail, and shall contain the information set forth in Government Code
Section 38773.5(c); and
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, 2019 for placement on the 2019 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 Aprpved as to
Council of the City of Petaluma at a Regular meeting on the 5`h day of August 2019, dorm:
by the following vote:
Attorney
AYES: Mayor Barrett; Fischer; Healy; Kearney; King (on 388 Grant Ave and 1505
Pheasant Dr); Miller
NOES: None
ABSENT: Vice Mayor McDonnell
ABSTAIN: King (on 31 Fairview Terrace)
ATTEST:
Deputy City Clerk Mayor
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