CITY OF POMONA
COUNCIL REPORT
July 17, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rosalia A. Butler, City Clerk
Hugo Medina, Code Compliance Supervisor
SUBJECT: PUBLIC HEARING FOR APPROVAL OF NUISANCE ABATEMENT EXPENSE REPORT AND PLACEMENT OF LIEN FOR 660 RANDOLPH ST., POMONA, CA 91768 RECOMMENDATION:
It is recommended that the City Council conduct a public hearing on the Nuisance Abatement Expense Reports and adopt the following resolution:
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 FISCAL IMPACT: There is no impact to the City for placing liens. The City may eventually realize recovery of the abatement costs in addition to administrative costs for the abatement lien processed.
PUBLIC NOTICING REQUIREMENTS: A notice of the public hearing was sent by both first class mail and certified mail on May 8, 2023 to the property owner at the mailing address of record with the Los Angeles County Tax Assessor or other verified address. A notice of public hearing was also sent to the Inland Valley Daily Bulletin with the publication date of June 16, 2023.
PREVIOUS RELATED ACTION: None.
BACKGROUND: The owner, Null, David G., who is subject of this report, previously received a Notice and Order from the City to remove the public nuisance and hazards at the location, which included weeds, overgrown vegetation, trash, junk, debris, discarded appliances, discarded and weathered household items, and discarded and weathered lines. Per section 74-196, the City shall keep an itemized account of the expenses incurred, including administrative cost, in the repair or demolition work done to recover cost. Per section .6001, the City shall keep an itemized account of the expenses involved in such abatements to recover costs.
DISCUSSION: Pursuant to Pomona City Zoning Ordinance Section .6001, the property owner has been notified of the public hearing and received a copy of the Nuisance Abatement Expense Reports itemizing the costs for abating the nuisance on their property. In consideration of the potentially longer notice periods required by applicable Government Code sections, more than 30 days’ notice was provided even though the City Code only requires 10 days’ notice. In addition, the proposed resolution provides 45 days to pay the recommended assessments rather than the 15 days required by the City Code. (See Gov’t Code § 38773.1, 38773.5, 54988.) These longer periods provide more than ample notice of the Council’s hearing and the obligations to pay any levied assessments.
Objection or protests to the abatement costs may be raised at the hearing by the property owner liable for the assessed cost of the work. The costs as submitted, or as ordered revised, shall be approved by the resolution of the City Council. If payment of the costs is not made within 45 days after passage of the resolution, the resolution authorizes a lien to be placed on the property and directs the City Clerk to submit to the Los Angeles County Assessor the resolutions and Expense Report and order the County Assessor to include the costs on the tax bills levied against the property. The City Clerk will maintain the records on all property liens placed pursuant to this process.
COUNCIL PRIORITIES & GOALS: This item supports the 2021 City Council Priority 4: Safe and Clean Community – Goal L: Hold businesses and residents accountable for property maintenance and compliance with other City Codes.
RECOMMENDATION: It is recommended that the City Council adopt resolution approving, as submitted or amended, the Abatement Expense Reports and authorizes placement of lien and inclusion of the costs on the tax bills levied against: 660 Randolph St., Pomona, CA 91768 Prepared by:
_____________________________
Diana Robles
Deputy City Clerk
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2023-79
Attachment No. 2 – Public Hearing Notice
Public Hearing on Abatement Expenses and Placement of Lien