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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Gabriel Elliott, Director of Community Development and Housing Department: Community Development & Housing
Subject: Imposing Liens totaling $243,380.52 on Certain Real Property to Recover Costs for Code Enforcement
Abatements (All Wards)
Recommendation:
Adopt Resolution No. 2025-008 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the costs of public nuisance abatements.
Executive Summary
Chapter 8 of the San Bernardino Municipal Code requires Council approval to lien unpaid costs associated with Code Enforcement abatement of hazardous conditions.
This allows the City to recover unpaid costs of abatement upon the respective parcels of land as they are shown upon the last available assessment roll. The unpaid bills represent a General Fund impact in the amount of $243,380.52.
The City initiated abatement and securing of properties, followed up with proper billing provided to the owners and interested parties for costs incurred by the City. The billing notices also included the right to appeal said costs. Approval of the Resolution to lien the unpaid costs associated with these abatements is intended to recover the City costs paid for the abatement of the properties.
Background
On October 5, 2015, the Mayor and City Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens 2 4
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to enable the City to recover costs for abating nuisances.
Discussion
San Bernardino Municipal Code Section 8.30.050 requires a Resolution be adopted in order to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll.
The Abatement Assessments are for public nuisance abatements performed by the Code Enforcement Division which includes properties that were either secured and/or cleaned via administrative inspection abatement warrants or were deemed Unsafe for Occupancy by the Code Enforcement Division. Also, included in this section are emergency board-ups requested by the Police and Fire Departments. Emergency board-ups are requested after a break-in has occurred or after fire suppression activities, when no responsible parties could be reached. Additionally, there were four property demolitions performed with administrative demolition warrants and two emergency knockdowns of fire damaged structures that were deemed a collapse hazard by the Fire Department.
All affected property owners identified on the Abatement Assessments list have been notified through regular and certified mail of the respective abatement costs per SBMC
8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within ten days, or to pay the costs within 45 days of notice per San Bernardino Municipal Code Section 8.30.030,
8.30.040 and 8.30.041. To date, hearings have not been requested and the costs are currently outstanding. As such, staff recommends adopting the Resolution to assess the unpaid costs of the nuisance abatements.
The total of outstanding fees for Abatement Assessment, to include warrant abatements, emergency abatements and demolitions, is $243,380.52. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 2.
2021-2025 Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community Development & Housing Department and that the City continues to strive towards being clean and attractive.
Fiscal Impact
The anticipated amount to be collected is $243,865.53. The amount will be collected incrementally as individual properties are sold and/or liens are paid through the escrow process or entered as an assessment on the County tax roll. 2 4
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Conclusion
Adopt Resolution No. 2025-008 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the costs of public nuisance abatements.
Attachments
Attachment 1 Resolution No. 2025-008, Imposing Liens to Recover Costs for Code Enforcement
Attachment 2 Resolution No. 2025-008, Exhibit A
Attachment 3 Ordinance No. MC-1521
Ward:
All Wards
Synopsis of Previous Council Actions:
October 5, 2015, Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatement.
April 18, 2018, Mayor and City Council adopted Resolution 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance.
August 1, 2018, Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.
September 18, 2019, Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures.