HomeMy WebLinkAboutItem No. 09 Abatement Charges on Tax RollText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: RES 2014-035
Agenda Date: 7/25/2017 Status: Public HearingVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 9)
Page 1 City of Lake Elsinore Printed on 7/20/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Jason Simpson, Assistant City Manager
Date:July 25, 2017
Subject: Approve Placing Delinquent Nuisance Abatement Charges on the Tax Roll
Recommendation
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST
PARCELS OF LAND WITHIN THE PUBLICNUISANCE ABATEMENT COSTS FOR THE FISCAL
YEAR 2017-18.
Background
The City of Lake Elsinore has been administering nuisance abatement for properties in non-
compliance with the Lake Elsinore Municipal Code. The owners of these parcels are billed by the
City to recover the costs, plus incidental expenses. If the owners do not respond to the billing
request, the City is required to place a lien on the property to recover the costs. Staff is requesting
Council approval of a Resolution to allow the City to accomplish the foregoing for Fiscal Year
2017-2018. If the Resolution is approved, staff will forward the adopted Resolution for placement
with the Riverside County Treasurer-Tax Collector.
Discussion
As of July 25, 2017, there are 6 parcels with an outstanding amount totaling $59,297.70
associated with the cost of nuisance 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 included as Exhibit A to the Resolution.
Fiscal Impact
Other than staff time, all costs associated with the abatement of these delinquent properties will
be placed on the property tax rolls for payment.
Exhibits
A Resolution
B Notice of Public Hearing
RESOLUTION NO. 2017 – ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS
AGAINST PARCELS OF LAND WITHIN THE PUBLIC NUISANCE ABATEMENT
COSTS FOR THE FISCAL YEAR 2017-18.
Whereas, the City of Lake Elsinore Municipal Code (LEMC) Section 8.18.130 provides for the
recovery of Public Nuisance Abatement costs; and,
Whereas,costs for abatement of unlawful acts and public nuisances have been expended by
the City of Lake Elsinore for each of the parcels as described in the attached list of parcels
(Exhibit “A”), at a cost equal to the costs of abatement including administrative expenses for
each parcel; and,
Whereas,a Public Hearing was held on July 25, 2017, duly noticed in accordance with the
requirements of Government Code Section 38773.5 and the LEMC, concerning the Public
Nuisance Abatement costs of these parcels at which time the City Council (Council) heard all
objections of property owners liable to be assessed for the costs of abatement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1:That the above recitals are all true and correct
Section 2:Approval of liens against parcels. That the list of parcels and costs of Public
Nuisance Abatement for each parcel is hereby reconfirmed and said costs shall constitute
special assessments against the respective parcels of land, and are a lien of said land in the
amount of the respective assessments.
Section 3:Transmittal to County. That a copy of this Resolution shall be transmitted to the
Riverside County Treasurer-Tax Collector who shall enter the amounts of the respective
assessments against the respective parcels of land as they appear in the current assessment
roll, and shall collect said assessments at the same time in the same manner as ordinary
municipal ad valorem taxes as provided in Section 39577 of the Government Code.
Section 4:Discharge of liens upon payment. That the costs against any parcel of land
listed in Exhibit “A” assessed by this Resolution and the lien created thereby shall be
deemed discharged and released upon the payment for said parcel of the property taxes for
the tax year above-noted.
Section 5: Severability. That the Council declares that, should any provision, section,
paragraph, sentence or word of this Resolution be rendered or declared invalid by any final
court action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby
adopted shall remain in full force and effect.
Section 6: Effective Date. That this Resolution shall take effect upon its adoption.
Reso. No. 2017 – ____
Page 2 of 2
Section 7. Certification. That the City Clerk shall certify as to the adoption of this Resolution
and enter it into the book of original Resolutions.
Passed and Adopted on this 25th day of July, 2017.
Robert E. Magee, Mayor
Attest:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE)
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby
certify that Resolution No. 2017-____was adopted by the City Council of the City of Lake
Elsinore, California, at the regular meeting of July 25, 2017, and that the same was adopted
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
Reso. No. 2017 – ____
Page 2 of 3
EXHIBIT A: NUISANCE ABATEMENT
City of Lake Elsinore
68-2371 6 $59,297.70
Parcel Number Amount
375-100-001 $7,037.95
375-100-002 $7,937.95
375-100-003 $13,865.54
375-100-004 $13,764.54
347-350-012 $5,664.69
363-332-003 $11,027.03
6 Parcels $59,297.70
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore will conduct a Public
Hearing to advise the City of Lake Elsinore residents of potential special assessments for their
failure to pay any Public Nuisance Abatement costs associated with properties located in the City.
After the Public Hearing, a special assessment for the Public Nuisance Abatement costs may be
imposed on the appropriate properties on the County Tax Rolls.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon
thereafter as practicable, Tuesday, July 25, 2017 in the City Council Chambers located at 183 N
Main St., Lake Elsinore, California 92530, as the time and place when and where the City Council
will conduct a Public Hearing on the Public Nuisance Abatement costs.
ALL INTERESTED PERSONS are hereby invited to attend this Public Hearing to present written
information, express opinions or otherwise present evidence in the above matters. If you wish to
legally challenge any action taken by the City on the above matter, you may be limited to raising
only those issues you or someone else at the Public Hearing described in this notice, or in written
correspondence delivered to the City prior to or at the Public Hearing. If you require
accommodation to participate in a Public Hearing, please contact the City Clerk’s office at (951)
674-3124 ext. 269. All Agenda materials are available for review at City Hall the Friday before
the Public Hearing.
FURTHER INFORMATION on this item may be obtained by contacting Jason Simpson, Assistant
City Manager at (951) 674-3124, ext. 362.
Dated: July 12, 2017
Susan M. Domen, MMC
City Clerk