DATE:
July 18, 2023
TO:
Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM:
Rachel Molina, City Manager
BY:
Melinda Sayre, Deputy City Manager/City Clerk
Jacquelyn Castillo, Administrative Analyst
SUBJECT:
Special Assessment of Enforcement and Abatement Costs
RECOMMENDED ACTION
It is recommended that the City Council and the Board of Directors of the Hesperia Water District approve Joint Resolution No. 2023-32 and Resolution No. HWD 2023-07, confirming parcels of land upon which unpaid fees for services, and enforcement and abatement costs remain, and Joint Resolution No. 2023-33 and Resolution No. HWD 2023-08, requesting that San Bernardino County place the unpaid fees for services, and enforcement and abatement costs on the property tax rolls.
BACKGROUND
Section 1.12.270 of the Hesperia Municipal Code (HMC), administrative proceedings, establishes the imposition of fines related to public nuisance violations. Section 14.02.080(O)(7) establishes the procedure for Hesperia Water District fees, delinquent charges, administrative costs, and fines to be placed as liens upon properties, with subsequent collection via the property tax rolls. Section 8.04.070(F) establishes the procedure for the placement of delinquent fees, fines, and charges due to the City’s Franchise Waste Hauler as liens on properties, with subsequent collection via the property tax rolls.
Hesperia Municipal Code (HMC) Section 1.12.370B1 authorizes the use of the special assessment for enforcement and abatement cost for public nuisance violations that are unpaid at the end of the year. Enforcement and abatement costs are only assessed after the property owner, or responsible person, has failed to comply with a Notice of Violation, and then issued a Notice of Public Nuisance and subsequent Administrative Citations, or through staff time accrued during the abatement of a property.
On July 3, 2002, the City Council adopted Resolution 2002-42, adopting an administrative fine schedule. Since the intent of Code Compliance is to gain voluntary compliance, should a property remain out of compliance and require several notices, this option allows the City to gain compliance through abatement and follows with collection of unpaid fees.
ISSUES/ANALYSIS
Currently, there are 109 separate properties which have accumulated Code Enforcement fines, abatement costs and administrative fees, for an approximate total of $639,725. There are 175 separate properties which have accumulated Animal Control fines, impound fees, and administrative fines, for an approximate total of $438,317. Additionally, there are 937 separate properties which have accumulated delinquent water and/or sewer fees for an approximate total of $714,571.
In addition, the City provides assistance to Advance Disposal to assess unpaid trash bills through the special assessment process. There are 542 separate properties which have unpaid trash bills that Advance Disposal wishes to pursue through the property tax assessment process.
The fine totals are approximate as payments can be made through August 4, 2023, which will lower the total amount sent to the County as special assessments. Previous experience with enforcement costs indicates that as much as one-half of these fees may be collected prior to filing with San Bernardino County. Staff invoiced all of the property owners (in addition to monthly invoices during the year) during July 2023, which allows owners to pay the abatement and administrative costs directly to the City, avoiding placement on the property tax rolls. Any remaining parcels are included in the resolution for collection by the County Auditor Controller-Recorder. Any fees paid prior to submittal to the County in August will be removed from the exhibit.
FISCAL IMPACT
Collection of all of the unpaid enforcement, abatement, and administrative costs could result in General Fund revenue of approximately $1,792,613. It will also result in payment to the City in the approximate amount of $25,474 from Advance Disposal as reimbursement to the City for staff time, the cost of placing and removing the liens, and administrative costs associated with the special assessment process. Staff anticipates that approximately 40% will be collected during the next 12 months, with the remaining amount outstanding being carried over to the subsequent year’s tax roll.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Joint Resolution No. 2023-32 and Resolution No. HWD 2023-07 Joint Resolution No. 2022-33 and Resolution No. HWD 2023-08 Exhibit A – Table of Enforcement and Abatement Delinquent Costs Exhibit B – Table of Enforcement and Abatement Costs with Owner Information Page PAGE 2 of NUMPAGES 2
Staff Report to the Mayor/City Council and Board of Directors of the Hesperia Water District Special Assessment of Enforcement and Abatement Costs
July 18, 2023
City of Hesperia
STAFF REPORT
CITY OF HESPERIA
STAFF REPORT