CITY OF SIMI VALLEY
MEMORANDUM
J
anuary 24, 2022
TO
: City Council
F
ROM: Department of Environmental Services
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UBJECT: ADOPTION OF RESOLUTION CONFIRMING COSTS EXPENDED IN THE
ABATEMENT OF A PUBLIC NUISANCE ON RESIDENTIAL PROPERTY
AT 846 CALIFORNIA AVENUE AND AUTHORIZATION FOR THE
POSSIBLE PLACEMENT OF A SPECIAL ASSESSMENT ON THE
COUNTY TAX ROLL TO RECOVER COSTS
RECOMMENDATION
I
t is recommended that the City Council adopt the attached Resolution No. 2022-03 (page 5) confirming abatement costs, and authorizing the placement of liens and a possible special assessment to recover costs.
BACKGROUND AND OVERVIEW
C
ity staff has been actively addressing property maintenance issues deemed to be a public nuisance o n a vacant residential property, located at 846 California Avenue, (APN 631-0- 112-110) since August 2016. The property is currently undeveloped and has an extended history of violations and past enforcement cases with the City . The nature of the persistent violations included trash/debris, open storage of materials, storage of vehicles, and overgrown weeds, grass, and vegetation. T he City’s past efforts to obtain sustained compliance through the various administrative and criminal remedies available proved to be unsuccessful.
In November 2021, t he City obtained an executed abatement warrant , which cost the City $29,451.98 in abatement and administrative costs. The property owner was invoiced at all known addresses for the abatement costs on December 2, 2021. To date no payment has been received. As such, staff is seeking authorization for the placement of liens and a possible special assessment to recover costs.
FINDINGS AND ALTERNATIVES
T
he City most frequently pursues administrative remedies to obt ain compliance without the City having to abate the violation directly. Code Enforcement pursues every avenue to obtain voluntary compliance to abate public nuisances prior to escalating enforcement actions through the court system.
AGENDA ITEM NO.
Consent (3)
Subject to Simi Valley Municipal Code (SVMC) Section 5- 36.115 in the event of nonpayment, City staff shall prepare a report to the City Council itemizing the work done; the abatement costs and administrative expenses; a description of the real property; and the name(s) and address(es) of the property owner(s) serviced pursuant to this chapter.
An itemized account of the abatement costs and administrative expenses were served upon the property owner on December 2, 2021, together with a notice of the time when such costs would be heard by the City Council for confirmation if payment was not received. Proof of Service was made by affidavit filed with the City Clerk.
Table 1 details the costs of the abatement as invoiced to the property owner ( Exhibit 1) and the additional cost s for the processing of the lien , as authorized by the City’s Schedule of Service Charges.
Table 1 – Summary of Lien Amount
Activity Description Fee
Inspection/Abatement Warrant
(per Schedule of Service
Charges)
Preparation of court filings and
presentation to the court, Notice Inviting
Bids, Contract/PO, Completion Report
$2,500.00
Process Server Notification of Court Order $145
Return Warrant
(per Schedule of Service
Charges)
Preparation of court filings and
presentation to the court
$700.00
Public Nuisance Abatement
(actual costs incurred)
Staff supervision of abatement
Abatement contractor
Lock/key to secure site
Use of City vehicle to deliver key
Staff time to deliver key
Preparation of invoice
Posting of invoice at property
Mailing costs
$4,689.53
$20,550.00
$11.52
$26.88
$513.32
$205.21
$102.61
$7.91
Total Invoiced $29,451.98
Lien Set Up
(per Schedule of Service
Charges)
Preparation and processing of the lien $450
Lien Set Up – County Fee
(per Schedule of Service
Charges)
Pass through of County Fees TBD
Total Amount Requested to be Confirmed for the Lien $29,901.98 + county
fees
SVMC Section 5-36.116 provides authority for the City Council to confirm, as modified, corrected, or adjusted, the cost abatement to allow City staff to place a Notice of Lien on the property to recoup the City’s cost to abate the public nuisance.
2 Should the lien not be paid by June 1, 2022, City staff will request the County of Ventura’s Auditor - Controller’s Office to place a special assessment on the tax rolls for the property.
This will ensure the recovery of all outstanding payments due to the City at the time of the next regular tax collection or at the time the property is sold. Once the tax bill has been mailed, the lien will be released, since the tax bill will secure the outstanding amount owed to the City. There will be additional costs associated with the process of converting the lien to a special assessment as detailed below in Table 2.
Table 2 – Conversion of Lien to Special Assessment
Activity Description Fee
Conversion to Special
Assessment if Lien is
outstanding as of June 1, 2022
(per Schedule of Service
Charges)
Preparation of lien release and
conversation to special assessment
$430
Conversion to Special
Assessment
(per Schedule of Service
Charges)
Pass through of County Fees TBD
It is recommend that the City Council adopt the attached resolution confirming the abatement costs at $29,451.98 and the administrative costs of processing the lien of $450 for a total of $29,901.98 plus any County fees, which allows for a lien to be recorded against the property and for the City to recover its costs to date. Additionally, should the lien not be paid by June 1, 2022, the resolution also authorizes the City to request the County of Ventura Auditor-Controller’s Office to include any additional costs incurred that are associated with the conversion of the lien to special assessment , within the special assessment, to ensure the City fully recovers its costs.
The following alternatives are available to the City Council:
1. Adopt the attached resolution confirming costs, and authorizing the placement of liens and/or special assessments to fully recover costs;
2. Provide staff with alternate direction.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move that the City Council adopt the Resolution No. 2022-03 confirming the abatement costs and authorizing the placement of liens and/or special assessments to fully recover costs.
3 SUMMARY
Since August 2016, City staff made extensive efforts to bring the property at 846 California Avenue into compliance due to its ongoing public nuisance status. The City’s efforts concluded with an abatement of the nuisance in November 2021 at a total cost of $29,451.98, which was invoiced to the property owner and is now overdue. As such, it is recommended that the City Council adopt a resolution confirming the abatement and associated costs with placing a lien and a possible special assessment on the property to ensure cost recovery for the City.
____________________________________
Stratis Perros
Environmental Services Director
Prepared by: Nancy Cole, Code Compliance Manager
INDEX Page
Resolution No. 2022-03…………………………………………………5
Exhibit 1 – Invoice to Property Owner
4 AbatementCCmtg1-24-22(klk)
RESOLUTION NO. 2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY CONFIRMING COSTS EXPENDED IN THE
ABATEMENT OF A PUBLIC NUISANCE ON VACANT
RESIDENTIAL PROPERTY WITHIN THE CITY, AND
AUTHORIZATION FOR THE PLACEMENT OF A SPECIAL
ASSESSMENT ON THE COUNTY TAX ROLL TO RECOVER
COSTS
WHEREAS, the existence of violations of the Simi Valley Municipal Code on a certain parcel of real property, Assessor’s Parcel No. 631-0- 112-110, within the city limits of the City of Simi Valley required the City to abate a public nuisance; and
WHEREAS, an abatement contract was awarded by an agreement with a private contractor to clear this parcel of land of an accumulation of trash/debris, open storage of materials, and overgrown grass, weeds, and vegetation; and
WHEREAS, the Department of Environmental Services has kept an account of the cost of abating such nuisance and has rendered a report of those costs to the City Council; and
WHEREAS, the prope rty owner was invoiced on December 2, 2021 for those costs and to date has not rendered payment; and
WHEREAS, a copy of such report together with notice of the time when such report would be heard by the City Council for confirmation was given to the property owner in accordance with the provisions of Sections 1- 8.114 and 5-36.115 of the Simi Valley Municipal Code; and
WHEREAS, after confirmation and recordation of the Notice of Lien, the necessary documentation will be forwarded to the County Auditor should payment not be received by June 1, 2022, and the amount set forth in the notice plus the costs associated with the conversion to special assessment will be added to the next regular tax bills levied against the parcel and thereafter collected in the ma nner stated in Sections 5-36.115 and 5-36.119 of the Simi Valley Municipal Code; and
WHEREAS, the costs being collected through a lien or as a special assessment on the County tax roll is the result of public nuisance/abatement warrant proceedings and does not constitute an assessment for purposes of Proposition 218 and is, therefore, in conformance with the requirements of Article XIIID of the State Constitution.
5 AbatementCCmtg1-24-22(klk)
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
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ECTION 1. The above recitals are true and correct.
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ECTION 2. The itemized costs including incidental expenses of abating said parcel as set out in the report by the Department of Environmental Services, copy of which is attached hereto and incorporated herein by this reference, in the amount of $29,451.98 is confirmed as the total cost incurred by the City in abating the public nuisance.
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ECTION 3. The administrative costs associated with processing and recording the Notice of Lien are to be included in the Notice of Lien for a total amount of $29,901.98 plus any additional County fees.
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ection 4. Should a special assessment be required to recover the costs included in the Notice of Lien for the property invoiced due to nonpayment by June 1, 2022, the City will request the inclusion of the City’s fee of $430.00 for the lien to be converted to a special assessment and any additional fees incurred by the City related to the County of Ventura’s release of lien and special assessment processes.
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ECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED
and ADOPTED this 24th day of January 2022.
A
ttest:
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_____________________________ ____________________________ Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
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pproved as to Form:
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______________________________ ______________________________ David L. Caceres, City Attorney Brian Paul Gabler, City Manager ___
_____________________________
Stratis Perros
Environmental Services Director
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