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HomeMy WebLinkAbout2009-07-14 - AGENDA REPORTS - ASMT LIENS PINE ST AND VILNA (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: July 14, 2009 SPECIAL ASSESSMENTS AND LIENS ON PROPERTIES FOR 23580 PINE STREET AND 27536 VILNA AVENUE Community Development RECOMMENDED ACTION City Council: 1. Approve Resolution adding special assessment and lien in the amount of $35,612.90 on the property located on 23580 Pine Street for prosecution costs to remove the illegal use of the property as a junkyard and for auto repair (People v. Bullock). 2. Approve Resolution adding special assessment and lien in the amount of $68,657.90 on the property located on 27536 Vilna Avenue for prosecution costs to remedy the various property maintenance issues (People v. Sekhmet, Inc.). BACKGROUND The City's Municipal Code consists of ordinances adopted by the City Council established to promote and protect public peace, health, safety and welfare, and to guide growth and development in keeping with the City's General Plan. When any provision or requirement of the municipal code is violated and the owner fails to comply, it may be prosecuted in civil court with the City Council's approval. The City Council approved civil actions against both of the property owners below after the owners failed to comply with the City for over two years. Court judgments were awarded in favor of the City after it won both cases. Pine Street Property The property at 23580 Pine Street, with APN 2827-007-028 is a 2.55 acre parcel in which the Reso, Oy- 762 - Adopted: eso� -7-3- II property owner illegally allowed the property to be used as a junkyard and for multiple illegal business uses, including automobile repair. In 2006, a site inspection of the property identified an illegal junkyard and auto repair business' with multiple illegal structures. A wrought iron manufacturing business and other various illegal businesses were also located on the site without entitlements. Most of the structures were without permits and some were found to be in substandard condition. Junk, trash, and debris including salvaged vehicles, household appliances and machinery were stacked around the property sometimes exceeding 20 feet in height. These were gross violations of the City's municipal code. The property owner was provided numerous notices citing the violations. The property was inspected and re -inspected various times, and several extensions to comply were provided; yet the violations continued. The City Attorney was then consulted to assist in addressing these violations, which lead to conferences with the property owner and tenant. A stipulated agreement was signed and effective in April 2008 and extensions were once again given to come into compliance in order to avoid litigation. However, these efforts were to no avail as the property owner failed to bring his property into compliance. Only recently, after the City brought its civil action, has the property now almost come into compliance. Vilna Avenue Property The property at 27536 Vilna Avenue, with APN 2803-027-012 is a single family residence which had various property maintenance violations. In April 2006, the City of Santa Clarita received a complaint regarding property maintenance issues at 27536 Vilna Avenue. Staff inspected the site and identified a completely dug -up parkway and front yard (with pipes exposed), deteriorating paint along the trim of the home, bare wood, shingles on the roof needing repair or replacement, junk and debris stored and visible in the rear yard, and overgrown tree branches encroaching upon the sidewalk. These violated several City Ordinances. Notices citing City ordinance violations were sent to the property owner to obtain voluntary compliance and months were spent corresponding with the attorney representing the property owner, yet compliance was not obtained. In October of 2006 the case was sent to the City Attorney's Office to assist in obtaining compliance. In 2008, the City had to file civil charges because of the various games the owner was playing with the property title. Only after the City filed its civil action did the property finally come into compliance in 2008. While the violations on the property have been remedied, the City of Santa Clarita has spent a considerable sum of money to obtain compliance. Therefore, the City pursued the recovery of the costs incurred to bring this property into compliance, resulting in an agreement with the property owner had to pay $30,000 to the City of Santa Clarita by May 23, 2009 or a $68,657.90 special assessment would be issued. Since the May deadline passed without payment, the full assessment of $68,657.90 is now due. Court Judgments On April 20, 2009, the Superior Court of the State of California ordered and decreed that the City of Santa Clarita be awarded $35,612.90 in reasonable attorneys' fees and costs incurred in connection with the prosecution of the Pine Street property. Said costs and attorneys' fees are recoverable against the property owner. On February 23, 2009, the Superior Court of the State of California ordered and decreed that the City of Santa Clarita be awarded $30,000 in reasonable attorneys' fees and costs incurred in connection with the prosecution of the Vilna Avenue property to be paid within 90 days by the defendant. The Court further ordered that if the defendant failed to pay the judgment that the amount would increase to $68,657.90. The property owner failed to pay the judgment within the 90 days; therefore, the amount now due to the City is $68,657.90. Said costs and attorneys' fees are recoverable against the property owner. The City Council is recommended to direct staff to file said assessments with the County Auditor for the collection with the regular property taxes for Fiscal Year 2009-2010. ALTERNATIVE ACTION Other action as determined by the City Council FISCAL IMPACT The proposed special assessments and liens are anticipated to reimburse the City for costs and expenses incurred in connection with the prosecution of said properties. ATTACHMENTS Resolution - Resolution - Pine Street Property Resolution - Vilna Avenue Property 3 RESOLUTION 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDERING SPECIAL ASSESSMENT AND LIEN IN THE AMOUNT OF $35,612.90 ON PROPERTY AT 23580 PINE STREET (APN 2827-007-028). WHEREAS, the City's Municipal Code consists of ordinances adopted by the City Council established to promote and protect public peace, health, safety and welfare, and to guide growth and development in keeping with the General Plan; and WHEREAS, when any provision or requirement of the municipal code is violated and failed to comply, it may be prosecuted at the discretion of the City Attorney; and WHEREAS, the property owner for property located on 23580 Pine Street was cited for violations which were failed to bring into compliance; and WHEREAS, on April 20, 2009, the Superior Court of the State of California ordered and decreed that the City of Santa Clarita be awarded $35,612.90 in reasonable attorneys' fees and costs incurred in connection with the prosecution of the Pine Street property; and WHEREAS, total fees and costs associated with said property are recoverable as a special assessment and lien on the property pursuant to Santa Clarita Municipal Code 1.01.260; and WHEREAS, the City Council desires to place a special assessment and lien against the Subject Property located at 23580 Pine Street (APN 2827-007-028) for Fiscal Year 2009-2010, to reimburse the City for costs and expenses related to the legal non conforming use. NOW, THEREFORE, The City Council of the City of Santa Clarita, California does resolve as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby orders a special assessment and lien in the amount of $35,612.90 be placed on the property at 23580 Pine Street (APN 2827-007-028) for attorneys' fees and costs incurred in connection with the prosecution of said property. SECTION 3. The City Council hereby directs and authorizes staff to file said assessments with the County Auditor for collection with the regular property taxes for Fiscal Year 2009-2010. SECTION 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this day of July, 2009. MAYOR ATTEST: CITY CLERK �"f STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of July, 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 3 CITY CLERK Di STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 09- adopted by the City Council of the City of Santa Clarita, California on , 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of July, 2009. Sharon L. Dawson, MMC City Clerk Susan Caputo, CMC Deputy City Clerk M 7 RESOLUTION 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDERING SPECIAL ASSESSMENT AND LIEN IN THE AMOUNT OF $68,657.90 ON PROPERTY AT 27536 VILNA AVENUE (APN 2803-027-012). WHEREAS, the City's Municipal Code consists of ordinances adopted by the City Council established to promote and protect public peace, health, safety and welfare, and to guide growth and development in keeping with the General Plan; and WHEREAS, when any provision or requirement of the municipal code is violated and failed to comply, it may be prosecuted at the discretion of the City Attorney; and WHEREAS, the property owner for property located on 27536 Vilna Avenue was cited for violations to City Ordinances; and WHEREAS, on February 23, 2009, the Superior Court of the State of California ordered and decreed that the City of Santa Clarita be awarded $30,000 in reasonable attorneys' fees and costs incurred in connection with the prosecution of the Vilna Avenue property to be paid within 90 days by the defendant; and WHEREAS, the Court further ordered that if the defendant failed to pay the judgment within the 90 days, that the amount would increase to $68,657.90; and WHEREAS, the property owner failed to pay the judgment within the 90 days; resulting in the amount due to the City of $68,657.90. WHEREAS, total fees and costs associated with said property are recoverable as a special assessment and lien on the property pursuant to Santa Clarita Municipal Code 1.01.260; and WHEREAS, the City Council desires to place a special assessment and lien against the Subject Property located at 27536 Vilna Avenue (APN 2803-027-012) for Fiscal Year 2009-2010, to reimburse the City for costs and expenses related to the property maintenance violations. NOW, THEREFORE, The City Council of the City of Santa Clarita, California does resolve as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby orders a special assessment and lien in the amount of $68,657.90 be placed on the property at 27536 Vilna Avenue (APN 2803-027-012) for fees nN and costs incurred in connection with the prosecution of said property. SECTION 3. The City Council hereby directs and authorizes staff to file said assessments with the County Auditor for collection with the regular property taxes for Fiscal Year 2009-2010. SECTION 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this day of July, 2009. ATTEST: CITY CLERK 2 MAYOR �l STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of July, 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 09-_ adopted by the City Council of the City of Santa Clarita, California on , 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of July, 2009. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk .19