CITY OF SANTA ROSA CITY COUNCIL

Transcription

1 CITY OF SANTA ROSA CITY COUNCIL Agenda Item #10.3 For Council Meeting of: April 5, 2011 TO: SUBJECT: STAFF PRESENTER: AGENDA ACTION: MAYOR AND CITY COUNCIL ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT 4906 CHARMIAN DRIVE MICHAEL REYNOLDS, SENIOR CODE ENFORCEMENT OFFICER DEPARTMENT OF COMMUNITY DEVELOPMENT RESOLUTION ISSUE(S) Shall the Council adopt a resolution to place a special assessment lien on the property located at 4906 Charmian Drive? BACKGROUND The owner and responsible party of 4906 Charmian Drive is Bank of America Home Loans. On September 2, 2010 the City received a complaint regarding lack of water connection. Code enforcement staff responded and observed that the water had been shut off due to nonpayment. Code Enforcement staff conducted a site inspection on September 3, 2010, along with Santa Rosa Police, and Animal Regulation. The water meter had been removed and the City posted the property with a Notice and Order to Vacate along with a Condemned placard for substandard conditions. The same notices were mailed to the owner and tenants. Staff research showed that the house was in foreclosure and was owned by Bank of America Home Loans. A phone message was left for Bank of America regarding the Notice to Vacate, substandard conditions due to lack of water, and reports to police of undesirable activity on and around the property. Bank of America returned the call to City staff on September 7, 2010, explaining that the information would be forwarded to the proper person. The same day, the City received a new complaint regarding mice from the property going into neighbors yards and homes Charmian Dr Assessment Lien.sr.doc

2 4906 Charmian Dr Assessment Lien.sr.doc Page 2 of 3 On September 8, 2010, Code Enforcement staff and the Police conducted a site inspection and observed trash and debris around the exterior and inside of the house, graffiti inside the house, and an illegal bedroom addition without permits. Later that day, a realtor from CPS Realtors called the City. A Site Inspection Violation letter was sent to the owners on September 16, 2010, and the letter was posted on the property on September 17, On October 7, 2010, Code Enforcement staff conducted a site inspection with a realtor from CPS. The following violations were confirmed: trash and debris in the front, side, rear, and side rear yard, a car in the garage, trash and debris inside the house, and graffiti in all six bedrooms. The CPS realtor said he would have the trash and debris removed from the property by October 9, On October 12, 2010, Code Enforcement staff conducted another site inspection and all violations were still in view. A Failure to Abate Violation letter was sent to the owner/bank on October 13, The Failure to Abate Violation letter was posted on the house on October 14, A Notice of Non-Compliance was sent to the Bank of America Home Loans on November 8, 2010, and on November 17, 2010 the Administrative Notice and Order was sent to Bank of America Home Loans setting the Administrative Hearing date for December 15, Pursuant to Chapter 1-30 of the Santa Rosa City Code, a Hearing Officer conducts administrative hearings to determine whether or not violations of the City Code exist on a specific property. Since May 2004, hearings have been scheduled twice a month. Per the procedures, when one or more violations are identified, the responsible party or parties are notified and given a reasonable time to make corrections. If the corrections are not accomplished by a specific date, the party or parties are required to appear before the Administrative Hearing Officer to determine whether or not the violations exist. A penalty is assessed for each violation, and where costs of the enforcement process were incurred and proven at the hearing, such costs are also assessed against the responsible party or parties. At the hearing, the responsible party or parties are advised that if penalty costs remain unpaid, the City retains the option to either place a special assessment lien against the property where violations occurred, or to create a personal obligation against the responsible party. If the responsible party has not paid the administrative penalty, including administrative costs, in full within 30 days, the Code Enforcement Officer shall request, by placing on the City Council consent agenda, an item to confirm that a special assessment lien be added to the next regular bill levied against the parcel. In this case, the Hearing Officer found that violations existed on the property at 4906 Charmian Drive, and that the violations have remained uncorrected by the responsible 4906 Charmian Dr Assessment Lien.sr.doc

3 4906 Charmian Dr Assessment Lien.sr.doc Page 3 of 3 party of Bank of America Home Loans, who was present at the Administrative Hearing held on December 15, 2010.The penalties and costs, as assessed by the Administrative Hearing Officer, amount to $13, and remain unpaid. The Department of Community Development now seeks, by Resolution, to have Council confirm the Special Assessment Lien. ANALYSIS 1. The County Auditor and the County Tax Collector require that the City Council act by resolution to create a special assessment lien. The resolution must identify the parcel by address, if available, by its recorded location in the Official Records of Sonoma County, and by the tax assessment parcel number. It must also provide the dollar amount of the lien, and, when the lien amount is in excess of $2,500.00, the number of equal annual installment payments but not exceeding five in number. The resolution also authorizes and empowers the officers of the City, including the City Clerk and the Chief Financial Officer, to do all things as may be necessary, including but not limited to notifications to the Sonoma County Auditor and Tax Collector, to carry out the foregoing. RECOMMENDATION This resolution, recommended by the Department of Community Development, confirms the special assessment lien in the amount of $13, against the property located at 4906 Charmian Drive for violations of the City Code that remain uncorrected by the responsible party, Bank of America Home Loans, and authorizes recording of a lien and placing the assessment on the property tax roll for collection. Author: M. Maystrovich Attachments: Administrative Enforcement Order Certificate of Service Case file photographs Property Detail Report Vicinity Map 4906 Charmian Dr Assessment Lien.sr.doc

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