City Council Resolution No XXXX-2023 1
RESOLUTION NO. ____-2023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA
MAKING DETERMINATIONS AND CONFIRMING ASSESSMENTS AND
PROCEEDINGS FOR UNPAID NUISANCE ABATEMENT FEES FOR APN #’s 0181- 011-40-0000 and 0181-011-41-0000, BARSTOW, CA 92311
WHEREAS, the properties located on parcels APN # 0181-011-40-0000 and #0181-011- 41-0000, Barstow, California were not maintained in accordance with Chapter 6.28 of the Barstow Municipal Code;
WHEREAS, the owner of said property allowed the property to deteriorate; WHEREAS, on August 23, 2022, City officials commenced nuisance abatement proceedings pursuant to Chapter 6.28 of the Barstow Municipal Code; WHEREAS, after the property owner failed to correct the nuisance conditions, a Notice with Intent to Abate was duly noticed and conducted, at which time the property was deemed a public nuisance;
WHEREAS, pursuant to the lack of response from said land owners of record and/or responsible parties and after obtaining an Abatement Warrant from the Superior Court, contractors were engaged to perform specified work to secure the property and obscure unsightly conditions;
WHEREAS, the owner has been advised of the costs of abatement in the sum of $11,857.50 (APN # 0181-011-40-0000) and $11,857.50 (APN # 0181-011-41-0000) but has failed to tender payment within the thirty day (30) day period; WHEREAS, the City seeks recovery of abatement costs, and conducts a protest hearing to confirm the abatement costs pursuant to Sections 6.28.180 through 6.28.220 of the Barstow Municipal Code in order for said costs to become a lien on the property and a personal obligation against the property owner;
WHEREAS, the City Manager of the City of Barstow has filed in the office of the City Clerk of said City an assessment for unpaid abatement costs in said City, in accordance with Section 6.28.180 through 6.28.220 of the Barstow Municipal Code; WHEREAS, the City Manager has, as required, given notice of time fixed for the hearing by the City Council;
WHEREAS, the property owner and affected parties involved in this assessment have been duly notified of the date, time and place of said hearing 15 days prior to said hearing; City Council Resolution No XXXX-2023 2
WHEREAS, a hearing was held before the City Council of the City of Barstow at 7:00 p.m. on February 6, 2023 in the City Council Chambers, 220 E Mountain View Street, Barstow, California, the time and place fixed in such notice; WHEREAS, during the aforementioned hearing, all protests or objections, if any, were duly presented and the City Council gave all persons noticed and present desiring to be heard, an opportunity of be heard in respect to any matter relating to said assessment, to the corrections of said assessment, or to any matter relating to the corrections of said assessments, or to any matter relating to said assessments or the proceedings therefore; and
WHEREAS, all such persons desiring to be heard have been heard by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That said hearing has been duly held; that each and every step in the proceedings prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment; the proceedings and all matters relating thereto; and that all protests and objections are hereby overruled and denied; and the City Council does hereby confirm said proceedings and said assessment.
Section 2. That cost for the abatement is confirmed in the amounts of $11,857.50 and $11,857.50 and shall be assessed against the benefiting property and shall be assessed as a lien on the property benefited thereby, with the lien being included on the tax roll for taxes levied against the property.
Section 3. That the cost of the abatement, as confirmed, shall also be a personal obligation against the property owners, Suprena Townsend (APN # 0181-011-40-0000) and Est. of Hampton, Carlize (APN # 0181-011-41-0000), per Section 6.28.210 of the Barstow Municipal Code.
Section 4. That the parcels to be liened and the itemized costs of the abatement for said lien is set forth on Exhibit “A” in the total sum of $11,857.50 and $11,857.50 attached hereto and made a part hereof.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
City Council Resolution No XXXX-2023 3
PASSED, APPROVED AND ADOPTED This 6th day of February, 2023. ________________________________
Paul Anthony Courtney, Dr.,B.A., Mayor
ATTEST:
_____________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow do hereby certify that the foregoing Resolution No. XXXX-2023 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 6th day of February, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Andrea Flores, City Clerk