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HomeMy WebLinkAboutItem No. 22 - Placement of Delinquent Nuisance Abatement Charges on the Tax Roll22)Placement of 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 2025-26. Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Shannon Buckley, Assistant City Manager Date:July 22, 2025 Subject:Placement of 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 2025-26. Background The City of Lake Elsinore administers nuisance abatement activities per Chapter 8.18 of the Lake Elsinore Municipal Code. The City strives to obtain voluntary compliance from property owners to remedy public nuisance violations. However, when violations persist, the City’s enforcement actions escalate to obtain abatement warrants, allowing the City to abate the public nuisances directly. When City abatement actions are required, the City bills the owners of these parcels to recover the abatement costs, plus incidental expenses. If the owners do not respond to the billing request, the City must place a lien on the property to recover its costs. Staff requests Council approval of a Resolution to allow the City to accomplish the foregoing for Fiscal Year 2025-26. If approved, staff will record a Notice of Lien against the properties, provide notice to the property owners, and forward the adopted Resolution and Notice of Lien to the Riverside County Treasurer-Tax Collector to add the delinquent unpaid assessments to the following regular tax bills. Delinquent Nuisance Abatement Page 2 of 2 Discussion As of July 8, 2025, there is one parcel with an outstanding amount totaling $767.36 associated with the cost of nuisance abatement. Due to these delinquent accounts, staff requests consideration for the outstanding charges to be placed on the property tax roll. Following the procedures outlined in Section 8.18.130 of the Lake Elsinore Municipal Code and applicable state law, these costs will be submitted to the County Tax Assessor’s Office for reimbursement if approved. 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. Attachments Attachment 1 - Resolution Exhibit A - FY 25-26 Nuisance Abatement Assessment Roll Attachment 2 - Public Hearing Proof of Publication Administrative Services 3 9 1 7 7 RESOLUTION NO. 2025 – 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 2025-26 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 by the City Council on July 22, 2025, 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: Recitals. 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 a Notice of Lien shall be recorded against the parcels such that 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. Upon notice to the property owners in accordance with Government Code Section 38773.5 and LEMC Section 8.18.130 and confirmation of the recordation of the Notice of Lien, a copy of this Resolution and the Notice of Lien 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. 3 9 1 7 7 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 22nd day of July, 2025. Brian Tisdale 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. 2025-__was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of July 22, 2025, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Candice Alvarez, MMC City Clerk 3 9 1 7 7 EXHIBIT A: FY 2025-26 NUISANCE ABATEMENT ROLL 3 9 1 7 7 3 9 1 7 7 EXHIBIT B: NOTICE OF PUBLIC HEARING NUISANCE ABATEMENT 68-2371 - Nuisance Abatement Fiscal Year 2025-26 APN Levy APN Levy APN Levy 377242021 $767.36 Totals Parcels 1 Levy $767.36 Assessment Roll Page 1 of 1 City of Lake Elsinore NOPH Del Nuis Abate Costs Tax Roll - Page 1 of 1 3512 14 Street Riverside, California 92501 (951) 368-9229 cgonzales@scng.com City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Account Number:5209153 Ad Order Number:0011745410 Customer's Reference/PO Number: Publication:The Press-Enterprise Publication Dates:07/11/2025 Total Amount:$255.53 Payment Amount:$0.00 Amount Due:$255.53 Notice ID:xPDbGtt1MPJ7kmgHb1mO Invoice Text: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 Delinquent Nuisance Abatement costs associated with properties located in the City. After the Public Hearing, a special assessment for the Delinquent 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 22, 2025, 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 Delinquent Nuisance Abatement costs. ALL INTERESTED PERSONS are hereby invited to attend this Public Hearing to submit written information, express opinions or otherwise submit written evidence by email to calvarez@lake-elsinore.org. If you wish to legally challenge any action taken by the City in 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, option 6. All agenda materials are available for public review at City Hall and are posted on the City's Website at www.lake-elsinore.org the Friday before the Public Hearing. FURTHER INFORMATION on this item may be obtained by contacting the Community Development Department at (951) 848-3951. Candice Alvarez, MMC City of Lake NOPH Del Nuis Abate Costs Tax Roll - Page 1 of 1 The Press-Enterprise 3512 14 Street Riverside, California 92501 (951) 368-9229 City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Publication: The Press-Enterprise PROOF OF PUBLICATION OF Ad Desc: 0011745410 FILE NO. 0011745410 PROOF OF PUBLICATION I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the above- entitled matter. I am an authorized representative of THE PRESS- ENTERPRISE, a newspaper of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 07/11/2025 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Date: July 11, 2025. At: Riverside, California ______________________________ Signature