SpecialAssessmentCcmtg9-25-23(klk)
CITY OF SIMI VALLEY
MEMORANDUM
September 25, 2023
TO: City Council
FROM: Department of Environmental Services
SUBJECT: ADOPTION OF A RESOLUTION CONFIRMING COSTS EXPENDED IN
THE ABATEMENT OF A PUBLIC NUISANCE ON RESIDENTIAL
PROPERTY, LOCATED AT 5933 E. FASLEY AVENUE AND
AUTHORIZATION FOR THE POTENTIAL PLACEMENT OF A SPECIAL
ASSESSMENT ON THE COUNTY TAX ROLL TO RECOVER COSTS
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution No. 2023-44 (page 5) confirming abatement costs, authorizing the placement of a lien, and a potential special assessment to recover costs.
BACKGROUND AND OVERVIEW
City staff has been actively addressing property maintenance issues deemed to be a public nuisance on a residential property, located at 5933 E. Fasley Avenue (APN 650-0-151-185) since April 2022. The violations on this single-family residential property included conditions which were deemed injurious to public health and detrimental to the safety and general welfare of residents and interfered with the comfortable enjoyment of life and/or property.
The nature of the violations include d a stagnant pool and spa; overgrown weeds/vegetation; accumulation of dead vegetation, trash, and miscellaneous debris; and, tree limbs laying on the roof of the house . The City’s attempts to contact the property owner , including posting of property ( 24 Hour Notice of Abatement Warrant), in an effort to obtain voluntary compliance through administrative remedies were unsuccessful . Given that the West Nile Virus is a serious vector -borne disease spread by mosquitos, and stagnant pool and spa water can become a breeding ground for mosquitos , the City obtained and executed an abatement warrant in June 2023, which cost the City $ 12,750.09 in physical abatement and administrative costs. The property owner was invoiced for the abatement costs on June 28, 2023. To date full payment has not been received.
As of September 18, 2023, the violations have not reoccurred and it appeared that the property was being improved further.
AGENDA ITEM NO.
9A
SpecialAssessmentCcmtg9-25-23(klk)
FINDINGS AND ALTERNATIVES
The City typically pursues administrative remedies to obtain compliance without the City having to directly abate the violation itself. Code Enforcement pursues every avenue to obtain voluntary compliance to abate public nuisances prior to escalating its enforcement actions through the court system ( i.e., when administrative remedies have been exhausted).
Upon completion of the abatement work, an itemized account of the abatement costs and administrative expenses must be served upon the property owners, together with a notice of the time when such costs shall be heard by the City Council for confirmation if payment is not received. Proof of service shall be made by affidavit filed with the City Clerk.
Property owners shall be liable for such costs and expenses and the amount of such costs and expenses shall be a debt owed to the City. Such payment shall be due to the City within thirty (30) days from servicing in accordance with procedures specified herein.
As noted above and p ursuant 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 at issue; and the name(s) and address(es) of the property owner(s) serviced pursuant to this code section.
An itemized account of the abatement costs and administrative expenses were served via certified mail upon the property owner on June 28, 2023, 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 abatem
ent as invoiced to the property owner ( Attachment
A, page 7) and the additional c osts 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
$2,687.50
Return Warrant
(per Schedule of Service
Charges)
Preparation of court filings and presentation
to the court
$752.50
Public Nuisance
Abatement (actual costs
incurred)
Preparation of 24 Hour Notice of
Abatement Warrant
Posting of property of 24 Hour Notice
Abatement Warrant
$205.21
$68.50
2 SpecialAssessmentCcmtg9-25-23(klk)
Preparation of Proof of Service for posting
Staff supervision of abatement
Abatement contractor
Preparation of invoice
Mailing costs
$68.50
$2,154.61
$6,600.00
$205.21
$8.06
Total Invoiced $12,750.09
Less Payment Received to Date ($2,125.02)
Lien Set Up
(per Schedule of Service
Charges)
Preparation and processing of the lien $511.81
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 $11,136.88+ county fees
SVMC Section 5-36.117 sets forth the authority for the City Council to confirm, modif y, correct, or revise, the cost of abatement to allow City staff to place a Notice of Lien (“Lien”) on the property to recoup the City’s cost to abate the public nuisance.
Should the Lien not be paid by June 1, 2024, 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.
At that time, City staff will also request the County of Ventura’s Recorder to release the Lien. There will be additional costs associated with the process of converting the L ien 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, 2024 (per Schedule
of Service Charges)
Preparation of lien release and
conversation to special assessment
$489.06
Conversion to Special
Assessment (per Schedule of
Service Charges)
Pass through of County Fees TBD
Although the City has made every effort to gain compliance to abate the ongoing Code violations and reimburse the City for costs to date, success has not been achieved.
Therefore, it is recommend that the City Council adopt the attached resolution confirming the abatement costs at $12,750.09, less payments totaling $ 2,125.02, and the administrative costs of processing the Lien of $511.81 for a total of $11,136.88 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.
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Additionally, should the Lien not be paid by June 1, 2024, the Resolution also authorizes the City to request the County of Ventura Auditor -Controller’s Office to include any additional costs incurred that are associa ted 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 No. 2023-44 confirming costs, and authorizing the placement of liens and/or special assessments to fully recover costs;
2. Provide staff with an alternate direction.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move that the City Council adopt R esolution No. 2023-44 confirming the abatement costs and authorizing the placement of liens and/or special assessments to fully recover costs.
SUMMARY
Since April 2022, City staff made extensive efforts to bring the property , located at 5933 E. Fasley Avenue into compliance due to its ongoing public nuisance and health and safety status. The City’s efforts concluded with an abatement of the nuisance in June 2023, at a total cost of $ 12,750.09, which was invoiced to the property owner and now has an overdue balance. As such, it is recommended that the City Council adopt a resolution confirming the abatement and associate d costs and placing a lien and a subsequent and potential 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. 2023-44 ........................................................................ 5 Attachment A – Invoice to Property Owner .......................................... 7 4 SpecialAssessmentCcmtg9-25-23(klk)
RESOLUTION NO. 2023-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY CONFIRMING COSTS EXPENDED IN THE
ABATEMENT OF A PUBLIC NUISANCE ON A SINGLE-
FAMILY RESIDENTIAL PROPERTY WITHIN THE CITY,
AND AUTHORIZATION FOR THE POTENTIAL
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. 650-0-151-185, 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 with a private contractor to clear this parcel of land of a stagnant pool and spa; overgrown weeds and vegetation; and, accumulation of dead vegetation, trash, and debris.
WHEREAS, the City’s Department of Environmental Services has kept an accounting of the cost of abating such nuisance and has rendered a report of those costs to the City Council; and
WHEREAS, the property owner was invoiced on June 28, 2023, for those costs and to date has not rendered full payment to the City; 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, 2024, 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 manner 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 XIII D of the State of California Constitution.
5 SpecialAssessmentCcmtg9-25-23(klk)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. The above recitals are true and correct.
SECTION 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 $12,750.09 is confirmed as the total cost incurred by the City in abating the public nuisance, with a current outstanding balance of $10,625.07.
SECTION 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 $11,136.88, plus any additional County fees.
SECTION 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, 2024, the City will request the inclusion of the City’s fee of $489.06 or 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.
SECTION 5
. The City Clerk shall certify to the adoption of this resolut ion and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 25th day of September 2023.
Attest:
________________________________ ____________________________ Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form:
_________________________________ ______________________________ David L. Caceres, City Attorney Brian Paul Gabler, City Manager
________________________________
Stratis Perros
Environmental Services Director
6 RES. NO. 2023-44
CITY OF SIMI VALLEY
Home ofThe Ronald Reagan Presidential Library
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7014 2120 0004 7713 3248
June 28, 2023
Jason S. Somes
11666 Santa Rosa Road
Santa Rosa Valley, CA 93012
SUBJECT: 5933 E. FASLEY AVENUE/APN 650-0-151-185
Dear Mr. Somes:
INVOICE# 14551
On December 20, 2022, you were issued a Notice and Order to abate a stagnant pool and spa and dead/overgrown landscaping violations on your property referenced above by the compliance deadline of January 3, 2023. You were also given the opportunity to appeal; however, you did not request one. Due to your continued failure to abate the violations, the City caused your property to be cleared on June 3, 2023, per the Abatement Warrant signed by Ventura County Superior Court Honorable Judge Nancy Ayers on May 24, 2023.
Therefore, the City must charge you for the clearance of the violations on your parcel and for the administrative costs associated with abatement.
Enclosed is an invoice for costs incurred by the City of Simi Valley for the abatement of your property referenced above. The amount specified on the invoice must be paid to the City by July 31, 2023.
Should this amount remain outstanding after July 31, 2023, a Notice of Lien against the property will be recorded with the Ventura County Recorder's Office. The total cost of abatement as specified on the enclosed invoice shall constitute a lien on the property until paid. After June 1, 2024, all invoices which remain unpaid will be turned over to the County Auditor and the amount of the respective assessment will be added to the FY 2024-25 Tax Roll.
Fred D. Thomas, Mayor Mike Judge, Mayor Pro Tern Dee Dee Cavanaugh, Council Member Elaine P. Litster, Council Member Rocky Rhodes, Council Member 2929 Tapo Canyon Road, Simi Valley, CA 93063-2199 805.583.6700 www.simivalley.org
ATTACHMENT A
7 A report of the cost of abatement will be presented to the City Council at its regularly scheduled meeting on September 25, 2023, to be confirmed by Resolution. The meeting will be at 6:30 p.m. in the City Council Chamber, 2929 Tapo Canyon Road, Simi Valley, CA 93063.
If you would like a copy of the complete report which will be presented to the City Council, or if you have any questions, please call me at (805) 583-6386.
Sincerely,
�& Nancy Cole, Code Compliance Manager
Department of Environmental Services
Enclosure: Invoice# 14551
cc: Deputy Administrative Services Director (Fiscal Services) Administrative Officer, Y. Moore
CERTIFIED MAIL - A copy has also been sent First Class Mail 8 City of Simi Valley
,e- � ,e- Accounts Receivable
Cl1Y OF SIMI VALLEY 2929 Tapo Canyon Rd.
Simi Valley, CA 93063
52002695
JASON SOMES
11666 SANTA ROSA RD
SANTA ROSA VALLEY, CA 93012
Description
Code Enf Inspection/Abate Warrant
Return Warrant
Public Nuisance Abatement
ABATEMENT OF 5933 E. FASLEY AVENUE
Please include Invoice Number on your check
Make Checks payable to: City of Simi Valley
Remit to: Attn: Accounts Receivable
2929 Tapo Canyon Rd. Simi Valley, CA 93063
Quantity
1.00 1.00
1.00 INVOICE
Invoice Date I Invoice No.
06/28/2023 I 14551
Customer Number
52002695
Invoice Total Due
$12,750.09
Due Date
07/31/2023
Price Original Bill Adjustment Paid Amount Due
$2,687.50 $2,687.50 $0.00 $0.00 $2,687.50
$752.50 $752.50 $0.00 $0.00 $752.50
$9,310.09 $9,310.09 $0.00 $0.00 $9,310.09
Invoice Total: $12,750.09
ORIGINAL
COPY
9 CITY OF SIMI VALLEY
GENERAL BILLING INVOICE INQUIRY
Report generated: 09/06/2023 09:16
User: syates
Program ID: gbinvinq
Year/per 2023 12 JUN Total Invoice 11,687.58 Customer 52002695 JASON SOMES
AR code ES00 Env Svcs Discount pct .00 Invoice 14551 Department 3000 ES Inv date 06/28/2023 Parcel
Cust. PO Contract
Ln Desc Billed Adjusted Paid Due 1 CE InsAbWr 2,687.50 .00 1,062.51 1,624.99 2 CE InsAbWr 752.50 .00 .00 752.50 3 PubNuisAbt 9,310.09 .00 .00 9,310.09 Totals 12,750.09 .00 1,062.51 11,687.58 ** END OF REPORT - Generated by Stephanie Yates **
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