September 19, 2023
Community Development
DATE: September 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Eva Mann, Code Enforcement Manager
Subject:
Levying of Special Assessments for Fines and Costs
related to Unpaid Administrative Citations, Nuisance
Abatements and Foreclosure Ordinance Fines
FINANCIAL IMPACT: This action will enable the City of Richmond to collect outstanding receivables against the subject properties
totaling $394,330. These fees will offset general fund
expenditures related to Code Enforcement staffing and
operations.
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The City Council must hold a public hearing and approve a resolution to initiate the process of levying special assessments to recover fines and costs for issuing
administrative citations, nuisance abatement costs, and foreclosure fines for the time period of May 1, 2022,
through April 30, 2023.
RECOMMENDED ACTION:
HOLD a public hearing; and ADOPT a resolution
authorizing the City of Richmond to levy special
assessments against certain properties with unpaid
invoices related to administrative citations, nuisance
abatement costs, and foreclosure ordinance fines
pursuant to Richmond Municipal Code Chapters 2.63,
6.38, 9.22 and 11.76 – Community Development
Department, Code Enforcement (Lina Velasco/Eva Mann
510-621-1283).
AGENDA
REPORT
September 19, 2023
DISCUSSION:
Richmond Municipal Code (“RMC”) Chapters 9.22.100, 2.62 and 2.63 authorizes the City of Richmond to levy special assessment liens against properties for failure to pay administrative fines, costs of abatement, and foreclosure fines including those imposed pursuant to Chapter 11.76 and 6.38. Recoverable costs include those related to unpaid administrative citations, non-compliance fees, nuisance abatements, and foreclosure ordinance fines. The properties with outstanding fees are provided in Exhibit A of the attached Resolution. The proposed list covers the time period of May 1, 2022, through April 30, 2023.
Richmond Municipal Code section 9.22.110(d) allows that, on a periodic basis, the City Manager or their designee to prepare and file with the City Clerk a report and assessment list which identifies all real property at which abatement work was done by the City and for which the owner has not fully reimbursed the City, within 30 days of the date of billing for work performed. The report and assessment list is required to provide a description of the real property at which the work was performed, the expenses incurred by the City and the names and add resses of the persons entitled to notice, as identified in Richmond Municipal Code Section 9.22.100 (c). The list in Exhibit A of the attached Resolution includes these properties with outstanding abatement work fees.
Any owner who objects to the proposed assessment and who desires to challenge the proposed assessment at the City Council hearing must submit all objections in writing to the City Clerk at least one day prior to the date of hearing (by September 18, 2023).
A notice of public hearing and the obligation of the owner to notify the City Clerk of their objection of the proposed assessment, in writing, was mailed to all owners on the list by the City Clerk. The failure of any owner to submit objections to the City Clerk shall constitute a waiver of any such objections. [Richmond Municipal Code Section
9.22.110(f)]
At the City Council hearing, only those people who have submitted written objections to the City Clerk will be heard by the Council. At the hearing, which constitutes the appeal hearing, the City Council may correct, modify, or eliminate any proposed assessment which it may deem excessive or otherwise incorrect. Thereaft er, by vote and resolution, the City Council shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order that an assessment be made as a personal obligation of the owner or, alternatively, assess it against the property. [Richmond Municipal Code Section 9.22.110(g)]
The unpaid code enforcement fines may include administrative costs, the costs of City staff to abate the violations, and unpaid citations, to be assessed (levied) against the listed properties. When these charges remain unpaid for 30 days after the property owner is invoiced, the charges may become a lien on each parcel of land, collectible in the same manner as other municipal taxes. As part of the process to recover unpaid
September 19, 2023
fees, City staff issues final invoices to owners notifying them of the City’s intent to levy the property if fees are not paid. Those that fail to pay the outstanding fees and fines by the listed date in the final invoice are listed in Exhibit A and are recommended to be levied.
The imposed fees and/or fines shown in Exhibit A, “Receivables for Unpaid Code Enforcement Fines,” have not been paid by the property owners for the time period of May 1, 2022, through April 30, 2023. There are a total of 80 properties on the proposed lien list totaling $394,330. Upon City Council approval, the fees and fines listed in Exhibit A will be levied by the County for tax year 24/25. City staff anticipates doing a second lien list, covering May 1, 2023 to Spring 2024 in May 2024.
DOCUMENTS ATTACHED:
Attachment 1 - Resolution
Exhibit A - “Receivables for Unpaid Code Enforcement Fines”