RESOLUTION NO. 2022-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA,
CALIFORNIA, CONFIRMING THE REPOR T OF NUISANCE ABATEM ENT COSTS FOR PROPERTY L OCATED AT 2380 N. GAREY AVE , POMONA, CA 91767 (APN: 8366-014-036) (OWNER: WHITE AVENUE PLAZA, LLC.), ORDERING PAYMENT THE REOF, (AMOUNT: $14,833.00), AND DIRECTING
THE CITY CLERK TO CA USE A LIEN TO BE REC ORDED AND SPECIAL
ASSESSMENT ENTERED A GAINST SAID PROPERTY , PURSUANT TO POMONA CITY CODE SECTION .6001 AND/OR SECTION 74-197
WHEREAS, Sections 38773.1, 38773.5 and 54988 of the Califo rnia Government Code authorize cities to adopt procedures for abating public nuisances and collecting the costs for such abatement;
WHEREAS, pursuant to such authority, the City of Pomona has adopted Pomona City Code Section .6001;
WHEREAS, pursuant to such authority, on August 26, 2021, the owner of real property located at 2380 N. Garey Ave. , Pomona, California 91767, did receive an order from the City to correct conditions on said property pursuant to a violation of Section 74-171 of the Pomona City Code.
A copy of said order is attached hereto as Exhibit “A”; WHEREAS, pursuant to Section .6001.A.4 of the Pomona City Code, the owner of said real property did not make any timely objection to the order to correct; WHEREAS, the City subsequently abated the conditions on said property and prepared itemized statements of the expenses involved in such abatement, a copy of which was forwarded to the City Clerk and is attached hereto as Exhibit “B”;
WHEREAS, following receipt of said itemized statement , the City Clerk determined at 7 :00 p.m. on April 18, 2022 at the City Council Chambers located at 505 South Garey Avenue Pomona to be the time and place for the itemized statement to be submitted to the City Council; and did place such item on the corresponding City Council agenda; and likewise sent, on March 9, 2022, by first- class mail and by certified mail to said real property owner, a copy of the itemized statement along with notice of the time and place for City Council consideration thereof. A copy of said notice is attached hereto as Exhibit “C”;
WHEREAS, at such time and place, the itemized statement was submitted to the City Council for approval and confirmation, and at which time the City Council conducted a hearing and considered any objections or protests raised by said real property owner; and WHEREAS, all of the foregoing events occurred in compliance with applicable laws, time periods, and legal requirements, including Section .6001 of the Pomona City Code. of the Pomona Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
ATTACHMENT NO. 1
Resolution No. 2022-49
April 18, 2022
SECTION 1. The City Council hereby finds and determines that all of the facts set forth in the Recitals of this Resolution are true and correct.
SECTION 2. Based upon review of the evidence presented to the City Council during the above-referenced hearing, the City Council hereby amends the itemized statement to reflect only abatement costs incurred pursuant to Pomona City Code Section .6001 and finds and confirms that the itemized statement, as amended, is a correct and accurate account of the City’s expenses involved in abating said conditions on said real property.
SECTION 3. Based on such confirmation, and pursua nt to Section .6001.A.4 of the Pomona City Code, the City Council hereby orders the owner of said real property to pay to the City of Pomona all amounts listed in the itemized statement. Such payment shall be within forty -five (45) days of the date of the adoption of this Resolution.
SECTION 4. If such payment is not received by the City within forty-five (45) days of the date of the adoption of this Resolution, the itemized statement shall constitute a lien on said real property, which shall be evidence d by this Resolution and a lien document in substantially the form as that attached hereto as Exhibit “D.”
SECTION 5. In addition, if such payment is not received by the City within forty -five (45) days of the date of the adoption of this Resolution, the charges listed in the itemized statement shall constitute a special assessment against said real property.
SECTION 6. The City Council hereby directs and orders the City Clerk to take the following actions to perfect the lien and cause the special assessment to be collected:
a. The City Clerk shall cause the lien to be recorded against said real property with the County Recorder of the County of Los Angeles so as to appear of record with respect to and as an encumbrance on such property.
b. The City Clerk shall file with the Auditor of Los Angeles County, and the Los Angeles County Assessor and Tax Collector, certified copies of this Resolution and the itemized statement; and shall direct the Auditor of Los Angeles County to enter the amount of the charges li sted on the itemized statement against said real property, as such real property appears on the current assessment roll. The City Clerk may utilize a document in substantially the form as that attached hereto as Exhibit “ E” in executing the duties directed and ordered hereby.
SECTION 7. The City Council hereby directs and orders City staff to take all actions consistent with this Resolution to cause the charges listed on the itemized statement to be collected and reimbursed to the City.
SECTION 8. That the City Clerk shall attest to the passage and adoption of this Resolution and it shall thereupon be in full force and effect.
Resolution No. 2022-49
April 18, 2022
PASSED, APPROVED AND ADOPTED this 18th day of April 2022.
CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on April 18, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
EXHIBIT A
EXHIBIT B
CITY OF POMONA
NOTICE OF PUBLIC HEARING
FOR
NUISANCE ABATEMENT EXPENSE REPORT
NOTICE IS HEREBY GIVEN that the City Council of the City of Pomona, California, will hold a public hearing on Monday, April 18, 2022 at 7:00 p.m. at the Pomona City Council Chambers, located at 505 S. Garey Avenue, in Pomona, California. Said public hearing will be commenced to consider the following matter:
NUISANCE ABATEMENT EXPENSE REPORT
City of Pomona Code Case File Number(s): 10673-2019
Total $14,833.00
Consideration of City of Pomona Nuisance Abatement Expense Report for real property located at: 2380 N Garey Ave. , Pomona, California, 91767 (APN# 8336 -014-036) pursuant to City of Pomona Zoning Ordinance § .6001 and/or City of Pomona Code § 74 -196 (as authorized by California Government Code § 38773.5). Confirmation of the Nuisance Abatement Expense Report may result in an Assessment Lien being recorded against said property, a special assessment imposed against s aid property, or other charge made to said property in an amount stated in the Nuisance Abatement Expense Report (as may be confirmed, revised, corrected or modified by the Pomona City Council).
A copy of all relevant materials regarding this matter are on file in the City Clerk's Office, 505 S.
Garey Avenue, Pomona, CA 91766, and are available for public inspection during the hours of 9:00 a.m. to 5:00 p.m., Monday through Thursday. Photocopies may also be obtained upon request to City Clerk's Office staff.
Any interested person may file a written protest with the City Clerk's Office at any time up to four (4) hours prior to the public hearing. Written protests may be mailed to the following address:
Pomona City Hall, ATTN: City Clerk's Office, 505 S. Garey Avenue, Pomona, CA 91766.
Rosalia A. Butler, MMC
City Clerk
Publication Date: March 18, 2022
EXHIBIT C
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Pomona
City Clerk’s Department
505 South Garey Avenue
Pomona, CA 91766
Exempt from filing fees pursuant to Govt. Code Sec. 6103
NOTICE OF SPECIAL ASSESSMENT AND LIEN
NOTICE IS HEREBY GIVEN that the City of Pomona claims a special assessment against the real property hereafter described (the “subject property”) for costs it incurred to abate a public nuisance threat in accordance with the procedures set forth in Section .6001(A) (4) [Abatement of Nuisance by Administration Action] of the Zoning Ordinance of the Pomona Municipal Code.
The amount of the special assessment, as determined by the Pomona City Council on April 18, 2022 , by Resolution No. 2022-49 is Fourteen Thousand Eight Hundred Thirty Three Dollars and Zero Cents ($14,833.00).
Once recorded, this notice shall constitute a lien against the subject property until the special assessment is paid in full. The special assessment shall be collected in the manner prescribed by Section 38773.5 of the Government Code.
Pursuant to Section 38773.5(c) of the Government Code, the owners of record of the subject property have been notified by certified mail as follows: THE PROPERTY MAY BE
SOLD AFTER THREE YEARS BY THE TAX COLLEC TOR FOR UNPAID DELINQUENT ASSESSMENTS.
This notice concerns the following real property:
L.A. County A.P.N.: 8366-014-036
Street Address: 2380 N. Garey Ave. Pomona, CA 91767
Legal Description: Lot Com N. 20 Ft from SE Cor . of Lot 1 Blk. 27 Palomares Th N. 160 Ft Th W 178.976 Ft Th SW on S E Line of Garey Ave 169.04 Ft Th E 232.08 Ft to Beg Part of Vac. St and Part of Lot 10 Loop and Meserve Tract and Part of Lot 1 Blk. 27 and Part of Lot 3 Blk. 28 Palomares
The owner(s) of record of the subject property according to Los Angeles County Assessor Records, is/are White Avenue Plaza LLC.
EXHIBIT D
CITY OF POMONA
Signed this _____ day of __________ 2022 ____________________________________ Rosalia A. Butler, MMC
City Clerk
State of California )
)
County of Los Angeles
On before me,
(insert name and title of the officer)
personally appeared_____________________________________________________________ who proved to me on the basis of satisfactory evidence t o be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature______________________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Pomona
City Clerk’s Department
505 South Garey Avenue
Pomona, CA 91766
Exempt from filing fees pursuant to Govt. Code Sec. 6103
LEGAL NOTICE AND ORDER OF THE CITY CLERK
Pursuant to the authority vested in the City Clerk by Section .6001(A)(4) [Abatement of Nuisance by Administration Action] of the Pomona Municipal Code , the City of Pomona did cause a nuisance to be abated on the following date of August 26, 2021 on real property hereinafter described; and the Pomona City Council did on the 18th day of April, 202 2, by Resolution No. 2022-49 assess and confirm the costs of said abatement upon the real property hereinafter described. Said sum (nor any part thereof) has not been paid and the City of Pomona (Code Enforcement/Compliance Department) does hereby claim a lien on said property for the cost of abatement in the sum of $14,833.00, until such time as said sum has been pa id in full and discharged of record. The real property upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Pomona, County of Los Angeles, State of California, Assessor’s Parcel No. 8366-014-036, commonly kn own as 2380 N. Garey Ave. , Pomona, CA 91766, and legal description as White Avenue Plaza LLC., Lot Com N. 20 Ft from SE Cor. of Lot 1 Blk . 27 Palomares Th N. 160 Ft Th W 178.976 Ft Th SW on S E Line of Garey Ave 169.04 Ft Th E 232.08 Ft to Beg Part of Vac. St and Part of Lot 10 Loop and Meserve Tract and Part of Lot 1 Blk. 27 and Part of Lot 3 Blk. 28 Palomares.
CITY OF POMONA
Signed this _____ day of __________ 2022 ____________________________________ Rosalia A. Butler, MMC
City Clerk
EXHIBIT E
State of California )
)
County of )
On before me,
(insert name and title of the officer)
personally appeared_____________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califo rnia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature______________________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.