RESOLUTION NO. 2023-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, CONFIRMING THE REPORT OF NUISANCE ABATEMENT COSTS FOR PROPERTY LOCATED AT 660 RANDOLPH ST, POMONA, CA 91768 (APN: 8357-009-018) (OWNER: NULL, DAVID G.), ORDERING PAYMENT THEREOF, (AMOUNT: $17,142.65), AND DIRECTING THE CITY CLERK TO CAUSE A LIEN TO BE RECORDED AND SPECIAL ASSESSMENT ENTERED AGAINST SAID PROPERTY, PURSUANT TO POMONA CITY ZONING ORDINANCE SECTION .6001 AND/OR POMONA CITY CODE SECTION 74-197 WHEREAS, Sections 38773.1, 38773.5 and 54988 of the California 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 Zoning Ordinance Section .6001; WHEREAS, pursuant to such authority, on February 11, 2022, the owner of real property located at 660 Randolph St., Pomona, California 91768 (APN: 8357-009-018), did receive an order from the City to correct conditions on said property pursuant to a violation of Section .600 of the Pomona City Zoning Ordinance. A copy of said order is attached hereto as Exhibit “A”; WHEREAS, pursuant to Section .6001.A.4 of the Pomona City Zoning Ordinance, the owner of said real property did make a timely objection to the order to correct but an independent administrative hearing officer for the City of Pomona found the objection overruled on April 26, 2022. A copy of said finding is attached hereto as Exhibit “B”; 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 “C”; WHEREAS, following receipt of said itemized statement, the City Clerk determined at 7:00 p.m. on July 17, 2023 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 May 8, 2023, 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 “D”; 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 Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
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 Zoning Ordinance 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 pursuant to Section .6001.A.4 of the Pomona City Zoning Ordinance, 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 evidenced by this Resolution and a lien document in substantially the form as that attached hereto as Exhibit “E.” 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:
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.
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 listed 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. The City Clerk shall attest to the passage and adoption of this Resolution and it shall thereupon be in full force and effect.
PASSED, APPROVED AND ADOPTED this 17th day of July 2023.
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 July 17, 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Diana Robles
Deputy City Clerk
ATTACHMENT NO. 1
Resolution No. 2023-79
July 17, 2023
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