December 3, 2024
Community Development
DATE: December 3, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Eva Mann, Code Enforcement Manager
Subject: Code Enforcement Lien and Special Assessment List for May 1, 2023 – April 30, 2024
FINANCIAL IMPACT: This action will enable the City of Richmond to collect outstanding receivables against subject properties listed on EXHIBITS A and B that have outstanding fees related
to administrative citations, and/or nuisance abatement
costs. The outstanding fees on the two lists total
$589,620.59. These fees will offset the General Fund
expenditures related to Code Enforcement staffing and
operations and are assessed when properties fail to pay citation fees, or the City is forced to abate nuisance
conditions after warrants are obtained.
PREVIOUS COUNCIL
ACTION:
September 19, 2023 – EXHIBIT A includes properties for
the period between May 1, 2022 – April 30, 2023, that were removed from the adopted lien list approved by the Council for that same time period to allow additional staff time to work with owners. EXHIBIT B includes properties with fees assessed between May 1, 2023 – April 30, 2024.
STATEMENT OF THE
ISSUE:
Within the Richmond Municipal Code (RMC), the City
Council has provided enforcement officers tools to
ensure corrections of violations of the RMC. The RMC
also allows the City to assess late payment charges and to recover any past due administrative citation fines and late charges. The City Council must hold a public
hearing and approve a resolution to initiate the process of AGENDA
REPORT
December 3, 2024
levying special assessments to recover fines and costs
for issuing administrative citations, and nuisance
abatement costs. Staff is recommending that the City
Council adopt a Resolution authorizing the City of
Richmond to levy special assessments against certain
properties with unpaid invoices related to administrative citations, and nuisance abatement costs pursuant to
Richmond Municipal Code Chapters 2.62, 6.38, 9.22, and
11.76 for the period of May 1, 2022, through April 30,
2024.
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, and nuisance abatement costs pursuant to Richmond Municipal Code
Chapters 2.62, 6.38, 9.22, and 11.76 – Community
Development Department (Lina Velasco/Eva Mann 510-
621-1283)
DISCUSSION:
Richmond Municipal Code (“RMC”) Chapter 2.62 and Section 9.22.100 authorize the City of Richmond to levy special assessment liens against properties for failure to pay administrative fines, and costs of abatement, including those imposed pursuant to Chapter 11.76, and 6.38. Recoverable costs include those related to unpaid administrative citations, non-compliance fees, late payment charges, and nuisance abatements. The properties with outstanding fees are provided in Exhibits A and B of the attached Resolution. The proposed lists covers the period of May 1, 2022, through April 30, 2024.
Richmond Municipal Code section 9.22.110(d) allows that, on a periodic basis, the City Manager or their designee prepare and file with the City Clerk a report and assessment list which identifies all real property at which abatem ent 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 s are 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 addresses of the persons entitled to notice, as identified in Richmond Municipal Code Section 9.22.100 (c). The list in Exhibits A and B 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 December 2, 2024) . A notice of public hearing and the obligation of the owner to notify the City Clerk of their
December 3, 2024
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 persons 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. Thereafter, by vote and resolution, the 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 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 date listed in the final invoice are listed in Exhibits A and B and are recommended to be levied.
The imposed fees and/or fines shown in Exhibit A, and B “Receivables for Unpaid Code Enforcement Fines,” have not been paid by the property owners for the period of May 1, 2022 through April 30, 2024. There are a total of 104 properties on the proposed lien lists (Exhibits A and B) totaling $589,620.59.
Below are summaries of the occupancy status for all properties on the proposed lien lists:
Upon City Council approval, the fees and fines listed in Exhibits A and B will be levied by the County for tax year 2025/2026. City staff anticipate doing another lien list, covering May 1, 2024, to April 30, 2025, in 2025.
Exhibit A Property Status
Homestead / Owner Occupied 7
Church 1
Non-Exempt / Rental 12
Vacant Lot 2
Total 22
Exhibit B Property Status
Business 4
Owner Occupied 16
Rental 19
Vacant Lot 43
Total 82
December 3, 2024
DOCUMENTS ATTACHED:
Attachment 1 - Resolution
Exhibit A – “Receivables for Unpaid Code Enforcement Fines for May 1, 2022 - April 30, 2023 – Unapproved Lien List from September 19, 2023”
Exhibit B – “Receivables for Unpaid Code Enforcement Fines for May 1, 2023 - April 30, 2024”