HomeMy WebLinkAboutCertification of Special Assessments Costs Recovery - Nuisan CITY OF HUNTINGTON BEACH
MEETING DATE: May 20, 2002 DEPARTMENT ID NUMBER: CA 02-20
Council/Agency Meeting Held: 6s- 110-oL
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
MpWP `J—o Pd. City Cl 4s Signature
Council Meeting Date: May 20, 2002 Department ID Number: CA 02-20
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CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION _'-
o -<
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -
SUBMITTED BY: GAIL.HUTTON, City Attorney P � t -DZN;
HOWARD ZELEFSKY, Planning Director
PREPARED BY: GAIL HUTTON, City Attorney ?/I ' If �_o Y
SUBJECT: Approve Certification of Special Assessments for Recovery of Costs
for Abatement of.Nuisance gene�.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City record notice of special assessments against private
property for the value of the costs incurred by City in abating a nuisance property?
Funding Source: None.
Recommended Action: Adopt Resolution Noo?Gb2-`�entitled "A Resolution of the City
Council of the City of Huntington Beach Certifying Special Assessments for Recovery of
Costs of Abatement of Nuisance"
Alternative Action(s): Do not approve Resolution No.o?LOOR -
Analysis: From August 21, 2000 through September 18, 2001, the City of Huntington
Beach Code Enforcement Division performed nine inspections of the exterior of the home
located at 20551 Salt Air Circle. Numerous attempts were made to contact the property
owner. The property has been abandoned for at least three years and there were unresolved
ownership issues until Winter 2001. The property was posted as a public nuisance on
February 8, 2001. On September 18, 2001, a warrant permitted inspection of the interior of
the home as well. Additional violations were observed in the interior of the home as well as
the rear yard, including the accumulation of rubbish and debris and violations of the building,
02-20 -2e 4/24/02 8:43 AM _
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 20, 2002 DEPARTMENT ID NUMBER: CA 02-20
electrical and fire codes. The City Attorney's Office filed both criminal and civil actions
against the property owner.
On November 15,.2001, the City of Huntington Beach obtained an abatement
warrant permitting the City, or the City's agent, to enter the property and remedy the code
violations on the exterior of the property. On January 4,, 2002, the City entered into an
agreement with Tru Green Landcare: Tru Green Landcare completed the following work:
1. Removed overgrown and dead vegetation (Violation of HBMC Section 17.10.040(1))
2. Removed dead and/or diseased trees, weeds, and other types of vegetations
(Violation of HBMC Section 17.10.010(m)).
3. Removed accumulated trash, junk, debris, rubbish and refuse (Violation of HBMC
8.36.010).
4. Repaired wooden gate (Violation of HBMC Section 17.10.050(t).)
5. Removed cut or uncut weeds, grass, vines, and other vegetation in front, side and
back yard constituting a fire hazard (Violation of HBMC 17.56.010 adopting Uniform
Fire Code Section 1103.2.4; Violation of Uniform Housing Code Section 1001.9.)
6. Removed combustible and hazardous materials (Violation of HBMC Section
17.56.010 adopted Uniform Fire Code Section 1110.2.)
The costs of abating the nuisance (identified on Exhibit A to the resolution
attached) total $1250.00. This cost will be recorded as a lien on the property and reported to
the County Tax Assessor for inclusion.on the property tax bills. On February-25, 2002, the
City obtained a permanent injunction against the property owner maintaining the property as
a nuisance, both interior and exterior. The criminal matter is still pending.
An administrative hearing is required by Uniform Housing Code Section 1602 as adopted by
Huntington Beach Municipal Code Chapter 17.08.010. Only property owners are entitled to
speak at the administrative hearing. All other interested parties may speak at regular public
comment at the beginning of the meeting.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
. . - Number No. Description
1 Resolution No. y entitled "A Resolution of the City Council
of the City of Huntington Beach Certifying Special Assessments
for Recovery of Costs of Abatement of Nuisance"
2 TruGreen Landcare Invoice dated 1/17/02 in the amount of
$1250.00
02-20 5/8/2002 1:16 PM
oZ
ATTACHMENT NO . 1
RESOLUTION NO. 2002-45
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL ASSESSMENTS FOR
RECOVERY OF COSTS OF ABATEMENT OF NUISANCE -
WHEREAS, the City Council has adopted Huntington Beach Municipal Code 17.08.010
which adopts the 1997 Uniform Housing Code (UHC); and
WHEREAS,UHC Section 1401.3 authorizes the City to cause repairs to correct the
conditions that render a building substandard; and
WHEREAS, UHC Section 1605.3 authorizes the City Council to order that the costs
incurred by the City in repairing the property be assessed against the property as a special
assessment; and
WHEREAS, the City has incurred costs in the repair of the property located at 20551 Salt
Air Circle, Huntington Beach, California, 92646; and
WHEREAS, the City Council wishes to order the costs of repair to be assessed against
the property as a special assessment.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
I. The City Council held an administrative public hearing on 05/20/2002 ,
Which was properly noticed as required by Uniform Housing Code Section 1602, for the purpose
of certifying a special assessment against a property where the City has incurred costs of repair
in abating a public nuisance.
2. The special assessment designated on Exhibit A, which is attached and
incorporated herein by this reference, is hereby certified as representing the costs incurred by
City in repairing a substandard property and qualified for collection as a special assessment
under UHC 1605.3.
3. The City Council as part of the City's nuisance abatement program orders that
these costs are to be collected as special assessments against the property shown on Exhibit A
pursuant to the provisions of UHC,Chapter 16'.
4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps
for recording notice of such assessments against the respective properties in the property records
of the County of Orange and for obtaining the collection of.such assessments by the Tax
Collector of the County of Orange.
jmp/misc/admin/resoluti/04/02/02
Res. No. 2002-45
5. The City Treasurer is also authorized to take the necessary steps to have releases
filed with the County Recorder when any such special assessments have been paid.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 20th day of May , 2002.
ATTEST: Mayor
dmz� �su� APPROVED AS TO FORM:
City.Clerk a?-w-a `
REVIEWED AND APPROVED City Attorney
INITIATED AND APPROVED:
City Adm' istrator
City Attorney
j mp/misc'admin/resoluti/04/02.02
Res. No. 2002-45
Exhibit A
SPECIAL ASSESOR'S
ASSESMENT PARCEL PROPERTY ADDRESS/
AMOUNT OWNER NUMBER LEGAL DESCRIPTION
$1250.00 Betty Trachtenberg 151-051-15 20551 Salt Air Circle
j mp/mi sc/adm i n/resol u ti/04/02/02
Res. No. 2002-45
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified.City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 20th
day of May, 2002 by the following vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT NO . 2
ill V "IW-I '.
TruGreen LandCare Page: 1
INVOICE J/ 1261900225
1323 W. 130th St. SEND PAYMENT TO:
Gardena, CA 90247 TruGreen -LandCare Regional INYOICEDATE ;:O1L17/02
(310) 719-1008 P.O. Box 100186
FAX: (310) 323-4780 Pasadena, CA 91189
CUSTOMER: PROJECT NAME:
Huntington Bch, City Of Huntington Beach
Attention: Michael Fuentes
2000 Main Street
Huntington Beac CA 92648
CUSTOMER NU14113ER CUSTOMER PURCHASE.ORDER: PAYMENT.TERMS
::PROJECT NUMBER DUE DATE
1708418 Net 30 61260411 02/16/02
DESERIPTI6 a SAL ESMAN A1�fOUNT
X-2086 1,250.00
20551 Salt Air Cir
* Trimmed and removed weeds
* Cleaned and removed trash from job site
* Emptied water from Jacuzzi
* Replaced security gate hinges
Work completed: 01. 04 . 02
Sub Total. . . . . . . . . . . . . . . . . 1,250.00
Tax . . . . . . . . . . . . . . . . . . . .00
Total Balance Due: . . . . . . . . . . . . 1,250.00
R9CEIVE1)
LAN 232007
FTOTALDUE:
DEPARTMENT OF PLANNING $ 1 ,250.00
IMPORTANT
i
TO INSURE PROPER CREDIT PLEASE INCLUDE A COPY OF INVOICE WITH YOUR RENUTTANCE TO: i
TRUGREEN-LANDCARE, P.O. Box 100186 Pasadena, CA 91189
i
1
d9
jQrf oT-
NOTICE OF ADMINISTRATIVE HEARING BY THE CITY COUNCIL CITY OF
HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City
Council of the City of Huntington Beach in the City Council Chambers, 2000 Main
Street, Huntington Beach, California, 92648 at the hour of 7:00 p.m. or as soon
thereafter as possible, on Monday, May 20, 2002 to consider the adoption of
proposed Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL
ASSESSMENTS,FOR RECOVERY OF COSTS OF ABATEMENT OF
NUISANCE."
A copy of the proposed Resolution is on file in the City Clerk's Office, 2000 Main
Street, Huntington Beach 92648, for inspection by the public.
An administrative hearing is required by the Huntington Beach Municipal Code
Section 17.08.010 adopting Uniform Housing Code Section 1602. Only property
owners are entitled to speak at an administrative hearing. All other interested
parties may speak at regular public comment at beginning of the meeting. Written
communications to the City Council may also be mailed to the City Clerk.
The public hearing is held pursuant to Huntington Beach Municipal Code Section
17.08.010 adopting Uniform Housing Code Section 1602.
Dated: May 1, 2002
CITY OF HUNTINGTON BEACH
Connie Brockway, City Clerk
2000 Main Street
Huntington Beach, CA 92648
i
jmp/abatement/publ ieno/04/24/02
Connie Brockway, City Clerk
City of Huntington Beach
Office of the City Clerk
P.O. Box 190
.Huntington Beach, CA 92648
Betty Trachtenberg
7092 Wellesley Avenue
INGTp Westminster, CA 92683
Ccm
s
—__ -
�F�puNTV ca``�
LEGAL NOTICE - PUBLIC HEARING
Connie Brockway,City Clerk
City of Huntington Beach
Office of the City Clerk
P.O. Box 190
Huntington Beach, CA 92648
Betty Trachtenberg
20551 Salt Air Circle
INGTpy , Huntington Beach, CA 92646
� s
it lots
��puNTr �a`� LEGAL NOTICE- PUBLIC HEARING �'
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a 1 NOTICE OF
ADMINISTRATIVE
resident of the County aforesaid; I am HEARING BY THE
over the age of eighteen years, and not a CITCi Y OF CI`
party to or interested , in the below HUNTINGTON
BEACH "
entitled matter. I am a principal clerk of GNOTICEIVEN that t HEREBY
a Public
.the HUNTINGTON BEACH INDEPENDENT, a he`City Co ncil be hofdthe
City of Huntington
newspa er of general circulation, printed Beach in the City Coun-
cil Chambers, 2000
and pu lished in the City of Huntington Main Street,' Huntington
Beach, California, 92648.
Beach, County of Orange, State of at the hour of 7:00 rp.m.
as
or,as soon thereafter as
California, and that attached Notice is a possible,00, 2002 Monday,
noon-
true and complete copy as was printed Sider the adoption of
proposed Resolution
entitled "A RESOLU-
.and published in the Huntington Beach TION OF THE CITY
COUNCIL OF THE CITY
and Fountain Valley issues of said BE HUNTINGTON
BEACH CERTIFYING
newspaper to wit the issue(s) of: SPECIAL -
MENTS FORR RE RE-
COVERY OF 'COSTS
OF ABATEMENT OF
NUISANCE."
A copy of the
proposed Resolution is
May V 9 2 0 0 2 on file in the City Clerk's
r Office, 2000' Main
Street, Huntington
Beach 92648, for in-
spection by the public.
An administrative
hearing is required by
the Huntington Beach
I declare, under penalty of perjury, that Municipal Code gecUnitior- r
17.08.010 adopting Uni-
form �
form Housing Code
the foregoing is true and correct. Section" 1602, Only
property_ owners are
entitled to speak at'.an
administrative hearing.
All other interested
parties may speak at
Executed on May 9 2002 regular public comment.
at begmmng of the meet-
at Costa Mesa California. ing. Written communica-
tions to the City Council "
may also be mailed to
the City Clerk.
The public hearing is
held pursuant to
Huntington Beach Mu-
nicipal Code Section
17.08.010 adopting Uni-
form Housing Code
Section,1602.
Dated' May 1, 2002 ,
CITY'OF
`HUNTINGTON BEACH
Signature Connie Brockway,
City. Clerk,
2000 Main Street,
Huntington Beach,
CA 92648
Published Huntington
Beach Independent May
9, 2002 \
051-037