DATE: JUNE 14, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: MEGAN HUNTER, DIRECTOR
BY: ALEXIS MEJIA, ADMINISTRATIVE AIDE
THROUGH: LORENZO SANCHEZ, CODE ENFORCEMENT MANAGER
SKYLAR THORNTON, BATTALION CHIEF
TITLE: 2022 SPECIAL ASSESSMENT FOR COLLECTION OF UNPAID CHARGES FROM PROPERTY OWNERS RECOMMENDED MOTION:
A motion to approve the attached Resolution approving the 2022 Special Assessment.
RECOMMENDATION:
Hold a public hearing on the 2022 Special Assessment and adopt a Resolution approving the collection of unpaid charges from the property owners.
EXECUTIVE SUMMARY:
The Salinas Municipal Code provides for the collection of unpaid nuisance abatement charges and administrative costs incurred by the City of Salinas through a special assessment. Nuisance abatement charges are a result of non-compliant owners of work without permit, severely blighted properties, and/or unsafe buildings. In a few cases, the City had to board up buildings to protect the community. The 2022 Special Assessment includes calendar years 2019 to 2021. Adoption of the attached Resolution approves the 2002 Special assessment and authorized the Director of Finance to collect the unpaid charges of $29,427.98 from the property owners in the same manner as ordinary municipal taxes.
BACKGROUND:
In 2013, the City Council approved adoption of Section 1-49, now re-codified as 1-05.39, of the Salinas Municipal Code, which authorizes the City to impose a special assessment against real property where fines and fees remain outstanding. Section 1-05.39 allows for recovery by special assessment against the subject property when the amount of any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city in connection with real property has not been satisfied in full within ninety days and/or has not been challenged by a timely writ of mandate.
DISCUSSION:
While the main objective is to bring properties into compliance, the inspection fees and cost recovery is necessary to remediate properties, eliminate unsafe conditions, and clear these cases. Emergency board-ups are also completed in the interest of protecting the community. All resulting charges are necessary to recoup inspection fees and board up costs, and to ensure owners maintain their properties in compliance with applicable fire, building and zoning codes.
Pursuant to the requirements as outlined in the ordinance, property owners are provided with adequate notice before their properties are assessed, including multiple invoices and letters advising them of the total amount due and consequences for failing to pay. A letter was mailed to all affected property owners 15 days in advance of this City Council meeting advising owners that the Resolution was pending before Council. Exhibit A, in accordance with Municipal Code Section 1-05.41, lists the properties to be assessed, as well as the amounts owed. This list includes unpaid charges from Code Enforcement, Fire Prevention, and Legal Risk Management divisions. Property owners have the option to pay the charges in full at any time and thereby avoid the special assessment. However, after multiple attempts to collect these charges, the City now has the alternative provided by the Municipal Code to secure payments through the special assessment.
The special assessment has decreased from $458,864 in 2021 to $29,428 this year. 2021 unpaid charges were higher than normal to the accumulation of 2019 and 2020 charges that were not collected until 2021 as a result of the COVID-19 pandemic. A list of the 2022 Special Assessment is provided as an attachment to this staff report and is Exhibit A to the Resolution.
CEQA CONSIDERATION:
The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Approval of the 2022 Special Assessment supports the City Council’s goal of Public Safety through the maintenance of effective code enforcement practices. Imposing a special assessment to collect inspection fees and costs on non-compliant blighted or unsafe properties is intended to compel compliance.
DEPARTMENTAL COORDINATION:
The 2022 Special Assessment for Collection of Unpaid Charges from Property Owners is a collaborative effort among the Community Development Department (Code Enforcement Division), Fire Department, City Attorney’s Office, and Finance Department.
FISCAL AND SUSTAINABILITY IMPACT:
Upon adoption of the Resolution, the Director of Finance will provide notice to the tax collector that the special assessment of the unpaid balance should be imposed against each of the subject properties at the same time and in the same manner as ordinary municipal taxes. Adoption of the Resolution in a timely manner is essential to direct the Director of Finance to assess the subject properties in each fiscal year, and reimbursement will ensure the collection of inspection fees and cost recovery.
ATTACHMENTS:
Resolution
Exhibit A – Special Assessment Charges for 2022
Sample Notice to Property Owners of Council Meeting
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CITY OF SALINASCOUNCIL STAFF REPORTCITY OF SALINASCOUNCIL STAFF REPORT
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