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HomeMy WebLinkAbout22440 - RESOLUTIONS - 3/4/2009 RESOLUTION NO. 22440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN AND SPECIAL ASSESSMENT FOR THE PROPERTY LOCATED AT 1507 EAST SAN JACINTO WAY. WHEREAS, on September 17, 2008, the City Council of the City of Palm Springs unanimously approved Resolution No. 22337 which found public nuisances to exists on the property described as 1507 East San Jacinto Way, Palm Springs, California and ordered the owner or other interested party to abate the public nuisances within thirty days and if the public nuisances were not abated following the expiration of the thirty days, authorized City staff to abate the public nuisances existing on the property described as 1507 East San Jacinto Way, Palm Springs, California; and WHEREAS, following the expiration of thirty days after notice was given to the owner and other interested parties concerning the City Council's order in Resolution No. 22337, the City of Palm Springs applied for and obtained an Abatement Warrant (Warrant No. ISW7364) from the Riverside County Superior Court on October 21, 2008 that was issued by the Honorable Dale R. Wells, Judge of the Superior Court; and WHEREAS, on and between October 23, 2008 and November 3, 2008, the City of Palm Springs, through its City staff and City contractors, executed the Abatement Warrant on the property described as 1507 East San Jacinto Way, Palm Springs, California and thereby removed all public nuisances existing on said property; and WHEREAS, said property is shown as Assessor's Parcel No. 507-246-004 on the County Assessor's map books (attached as Exhibit A); and WHEREAS, the Director of Building & Safety has reported that notices required in accordance with Chapter 11.72 of the Palm Springs Municipal Code have been given and that the owner and other interested parties has refused to comply; and WHEREAS, pursuant to said code and Division 13, Part 1.5 of the Health and Safety Code, Title 4, Division 3, Part 2, Chapter 10, Article 6 of the Government Code and California Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of California, the City there upon abated the public nuisance located on the property described above. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council hereby approves the report of Proceedings and Accounting (Attached as Exhibit B) of the costs in the total amount of$ 40,600.65. Resolution No. 22440 Page 2 SECTION 2. That a special assessment lien in the amount of $40,600.66 is hereby imposed upon the property herein above described. SECTION 3. That a certified copy of this Resolution together with a certified copy of the Notice of Lien and the report be filed with the Riverside County Auditor-Controller's office. SECTION 4. That the Riverside County Auditor-Controller is respectfully requested to enter the amount of the assessment on the County Tax Roll opposite the parcel of land referred to, and that thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes. SECTION 5. That a certified copy of this Resolution together with a certified copy of the Notice of Lien and the report shall be recorded with the Riverside County Recorder's office. ADOPTED this 0' day of March, 2009. David H. Ready, C ague ATTEST: ames Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22440 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 4th day of March, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Mills. ABSTAIN: None. es Thompson, City Clerk ity of Palm Springs, California 9-23 507-24 rca.ou-oas on_ozl 1VI/21AV14SE1/4SEC.11T45,f 4E 11 I 46 4.1 j 12 ——- - _1____� gnxY Ai P• ^ ixa oa ¢..r.r sw•y'e!m' —_� ¢P • `� 74CHEVAH e<rr ur ..as 3 ttar DRIVE I 'r✓rr wxu as�f +c1 .c ri a xi ranrry _ ea ur-f ,� nreWsz I 5 u o Aoe! Rrr2 I1 "� O 0TRA o1l-02! Q23A:.f.^ 15 4 Lf O O ' 00.23k. • P Q23Pcax " >a IY.W/YIef3 �� Q 6 w •_. a 7RA oil-W3 c Rf `• Q l o 1 __�.• ` Ib ,5 a 3J @ fo 9 8 7 0 6 r Pori ,3 © O � © OO Iz• O I Ik l� O 0.HI S 4rlAei __� sn xt i ia5• f I 22 +• QI£NR L W, .� w. MTA x -- "o O O O lO !O 13 .4 r ff r.. o o o ® o O nm ♦a .e ySp • g 3 29 n 29 cl PO l9 'i ! IB lr _ 16 7 f ,p f0 41 4P 13 44 1 15 O I o s res•fa'a �w n' 34N J.4GNIt? o , 0 O O 27 26 • P4 25 e as ,rr .n .r.•r] € PI 2I 23 _ a § 36 33 Jf 33 32 37 Je P9 9 ]i p.i If3K x Izd a ^ .. ¢ .r M x• of 9/12 LYJ Art ¢ zrr ! ,oq! rrr-r n M4718/79 esed Sands 245 •• r5 i3 is rosr 4.3 11151 MB 18/93 eA Sends No.2 PId 9129^ parcel Map MB19112 " 3 PM.1051.92 •r ¢ 17247 25 ASSESSORS MAO RK 577 PO 24 RIVERSIDE COUWYCAUF !!OY 19e8 .ea EXHIBIT B PROCEEDINGS AND ACCOUNTING REPORT PUBLIC NUISANCE ABATEMENT T LOCATION/LEGAL: LOT 33 of DESERT SANDS NO.3, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 19 PAGES 12 OF MAPS, RIVERSIDE COUNTY, CALIFORNIA Assessor's Parcel Number: 507-246-004 Address: 1507 East San Jacinto Way, Palm Springs, California II OWNER OF RECORD: Alejo Rodriguez 1507 East San Jacinto Way Palm Springs, CA 92262 Note: The property is currently subject to foreclosure proceedings. As such, the City has mailed all notices to 14 separate individuals and legal entities that may have a legal interest in the properly. Additionally, all notices have been posted on the property. III PROCEDURE: A. Public Nuisance Posting: 8/23/07, 8/1/08, 9/19/08, 10/21/08 B. Non-Compliance: 8/23/2007 through 11/3/2008 C. Bid Solicitation: 6/26/2008, 10/22/2008 D. Obtain Abatement Warrant: 10/21/2008 E. Abatement Work Complete: 11/3/2008 F. Notice of Special Assessment: 02/17/2009 IV: ACCOUNTING: Abatement: $ 17,035.00 Administrative: S 4,071.42 City Attorney: $ 19,49423 Total_ $ 40.600.65 sr DON DUCKWORTH, CBO Director of Building & Safety 6J2XH6 1