HomeMy WebLinkAboutItem No. 20 Approve Delinquent Nuisance Abatement Charges Tax RollCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-264
Agenda Date: 7/27/2021 Status: Approval FinalVersion: 1
File Type: Council Public
Hearing
In Control: City Council / Successor Agency
Agenda Number: 20)
Approve Placing Delinquent Nuisance Abatement Charges on the Tax Roll
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 PUBLIC NUISANCE ABATEMENT COSTS FOR THE FISCAL YEAR 2021-22.
Page 1 City of Lake Elsinore Printed on 7/22/2021
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Director of Administrative Services
Date: July 27, 2021
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 PUBLIC NUISANCE ABATEMENT COSTS FOR THE FISCAL
YEAR 2021-22.
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
2021-22. If the Resolution is approved, staff will forward the adopted Resolution for placement
with the Riverside County Treasurer-Tax Collector.
Discussion
As of July 27, 2021, there are 4 parcels with an outstanding amount totaling $66,084.59
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.
Nuisance Abatement
July 22, 2021
Page 2 of 2
Exhibits
A - Resolution
B - Delinquent Accounts
RESOLUTION NO. 2021 –
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 2021-22.
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 will be held on July 27, 2021, 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.
CC Res. No. 2021-____
Page 2 of 3
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 27th day of July, 2021.
Robert E. Magee
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE)
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2021-__was adopted by the City Council of the City of Lake Elsinore,
California, at the regular meeting of July 27, 2021, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
EXHIBIT A: NUISANCE ABATEMENT
68-2371 - Nuisance Abatement
Fiscal Year 2021-22
APN Levy APN Levy APN Levy
347-350-012 $39,300.53 379-174-055 $9,564.78 379-381-024 $5,654.28
363-760-017 $11,565.00
Totals Parcels 4 Levy $66,084.59
Assessment Roll
Page 1 of 1 City of Lake Elsinore