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Home My WebLink About2009-07-28 City Council Item No. 8CITY OF CC. LADE 6 LSMOIZE DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 28, 2009 SUBJECT: CONSIDERATION OF OBJECTIONS AND CONFIRMATION FOR THE PLACEMENT OF DELINQUENT CHARGES ON PROPERTY TAX BILLS Background At the regularly scheduled meeting on February 10, 2009, the City Council adopted Resolution No. 2009-2, declaring certain weeds, rubbish, refuse and dirt, a nuisance. Pursuant to Chapter 8.32; "Weed and Rubbish Abatement" of the Lake Elsinore Municipal Code, the City is required to adopt a resolution confirming the placement of delinquent charges for weed abatement on the tax roll. Discussion As of July 15, 2009, there are 590 parcels with an outstanding amount totaling $337,724.68 associated with the cost of abatement. Due to these delinquent accounts staff is requesting consideration for the outstanding charges to be placed on the property tax roll. If approved, these costs will be submitted to the County Tax Assessor's Office for reimbursement. A list of delinquent properties abated by the City is available in the City Clerk's Office for review. FISCAL IMPACT None, all costs associated with the abatement of these delinquent properties will be placed on the property tax rolls for payment. CC July 28, 2009 Item No. 8 Page 1 of 5 Weed Abatement Charges on Tax Roll Page 2 July 28, 2009 RECOMMENDATION It is recommended that the City Council adopt Resolution 2009- for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in the itemized report on file with the City Clerk's Office. Prepared by: Nicole Fields' Engineering Tech II Ken A. Seumalo e Director of Public Works Approved by: Robert A. Brady City Manager Attachment: Resolution CC July 28, 2009 Item No. 8 Page 2 of 5 COUNTY FUND NO.: 68-2354 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. WHEREAS, the City Council of the City of Lake Elsinore, California, did undertake Weed Abatement pursuant to the Government Code of the State of California and Ordinance No. 532 of the City; and WHEREAS, a Public Hearing was held at which time each property was declared to be a Public Nuisance; and WHEREAS, thereafter said City did do certain work in connection with the Weed Abatement, and did thereafter submit an account and an itemized written report for each separate parcel of land required by Section 39574 of the Government Code of the State of California; and WHEREAS, no property owner appealed the abatement actions of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 That the cost of weed and rubbish abatement in front of or upon each parcel of land shall constitute a special assessment against that parcel of land in accordance with the provisions of the Government Code of the State of California and Ordinance No. 532 of the City of Lake Elsinore, California. SECTION 2...That an itemized report listing the cost for each separate parcel of land is affixed to the Resolution and made a part thereof by reference as set forth herein and identified as Exhibit "A" for Weed Abatement. That a certified copy of the Resolution together with Exhibit "A" hereto, shall be delivered to the Riverside County Auditor- Controller and shall be made a part of the tax assessment unless paid prior to filing, and be Page 1 of 2 CC July 28, 2009 Item No. 8 Page 3 of 5 made part of the tax rolls, all in accordance with Sections 39578, 39579, 39580 and 39583 of the Government Code of the State of California and other provision of law applicable thereto. Said report is being filed with the County Auditor for the reason that the County Assessor and Tax Collector of said Riverside County perform the function of assessing property and collection of taxes of said City. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 281h day of July, 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ROBERT MAGEE MAYOR ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY Page 2 of 2 CC Resolution No. 2009- CC July 28, 2009 Item No. 8 Page 4 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, do hereby certify that the attached Resolution No. 2009- was duly approved and adopted by the City Council at the regular meeting thereof held on the 28th day of July, 2009. Attached is a true and correct copy of the original document which is on file in my office. EXECUTED this 29th day of July, 2009, at the City Clerk's office of Lake Elsinore, California. Debora Thomsen, CMC City Clerk of the City of Lake Elsinore, California CC July 28, 2009 Item No. 8 Page 5 of 5