City Council Agenda Report
July 16, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Ozzie Ramos, Deputy City Manager
Alex Hamilton, Interim Director of Community Development Dolores Bustamante, Senior Code Compliance Inspector
SUBJECT: DELINQUENT EMERGENCY BOARD-UP COLLECTION FEES
Background:
Whenever unsafe conditions are found to create a hazard to safety, health or public welfare, by reason of inadequate maintenance, dilapidation, fire hazard, disaster damage, vandalism or abandonment, staff takes an emergency action to secure or otherwise abate the hazardous conditions to protect the public. The property owner on record is sent an invoice of the costs incurred by the City for this process. Unpaid invoices are processed as a special assessment to the property.
Norwalk Municipal Code (NMC) §15.32.150A specifies: “all buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or in any other effective ordinance or statute, are, for the purpose of this section, unsafe buildings and constitute an unsafe condition. All such unsafe buildings or conditions are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, improvement, removal, or demolition, in whole or part, in accordance with the procedures specified in this code.” NMC §15.32.170 specifies: “when any unoccupied building or structure is not properly secured, locked or closed and is accessible to juveniles, transients, and unauthorized persons and is a health and/or safety hazard to the adjacent community, the Building Official shall serve the record owner and (if not the owner) the person having control of such building or structure with a notice to secure or close the same forthwith so as to prevent unauthorized persons from gaining access thereto.”
City Council July 16, 2024
Delinquent Emergency Board-up Collection Fees Page No. 2 9 3
6 NMC §15.32.170.12 establishes emergency procedures: “whenever in the opinion of the Building Official the conditions described in Section 15.32.170 constitute such an immediate hazard that access to the building or structure must be limited or closed forthwith or within less than the designated period, or either the Sheriff, Public Safety Director, or Chief of the Fire Department so finds and so notifies the Building Official, he or she shall limit access to such building after giving such notice to the record owner or the person in charge, or both as the circumstances will permit or without any notice whatever when, in the opinion of the Building Official, Sheriff, Public Safety Director, or the Chief of the Fire Department, immediate action is necessary.”
A “Declaration of Substandard” is filed with the Los Angeles County Recorder’s Office as part of the nuisance abatement process to notify interested parties of the pending cost associated with the abatement.
Discussion:
Notice of the abatement expenses are sent as an invoice to the property owners of record. Staff keeps an accounting of the abatement expenses associated with each property. Attached is an itemized summary showing the outstanding costs to date. Property owners were mailed the required 45-day notice of the proposed lien assessment for these unpaid board up costs, which allows owners to bring objections over their property assessments before the Property Maintenance and Building Rehabilitation Board (Board).
Also attached is a list of properties that were invoiced for emergency board-up work performed in Fiscal Years (FY) 2022/23 and 2023/24 pursuant to Chapter 15.32 of the NMC for which reimbursement has not been received, in the amount of $14,796.23.
On June 26, 2024, the Property Maintenance and Rehabilitation Appeals Board (Board) conducted a hearing to consider a report on the properties with delinquent charges and to hear objections of any property owner liable to be assessed for the costs of emergency board up work.
The Board, by a 4-0 vote, recommended that the listed properties be assessed for the emergency board ups unless the outstanding balance is paid prior to August 1, 2024.
Fiscal Impact:
Revenue from the collection of delinquent emergency board-up collection fees is included in the proposed Fiscal Year 2022/23 and 2023/24 Budget.
Citizens Advised:
N/A
City Council July 16, 2024
Delinquent Emergency Board-up Collection Fees Page No. 3 9 3
6 Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council:
a. confirm the attached report of the Property Maintenance and Building Rehabilitation Appeals Board is adjusted to reflect the current outstanding balance; and b. authorize the Finance Director to file a copy of this report with the County Auditor on or before August 10, 2024.
Attachments:
Emergency Board-up Report