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1991/04/23 City Council Resolution (2)RESOLUTION NO. 91 -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ORDERING THE ABATEMENT OF CERTAIN REAL PROPERTY LOCATED, AT 7608 BLAIR AVENUE (Kerston /Rohrman) WHEREAS on April 11, 1991 the Director of Public Works /City Engineer and Chief Building Official of the City of Rohnert Park did give notice to Peter Kerston the former owner of certain real property located at 7608 Blair Avenue that the said property was in substandard condition and should be abated, and WHEREAS the real property is described as follows: Lot Twenty (20), Rohnert Park Subdivision, Unit B, as recorded in Book 86 of Maps at pages 35 and 36, in the office of the Sonoma County Recorder. Also known as Assessors Parcel No. 143 - 222 -10. WHEREAS the City Council directed the Director of Public Works /City Engineer and Chief Building Official of the City of Rohnert Park to notify the parties interested in the real property that the City would hold a public hearing at which time the City Council would consider whether the real property should be abated, and WHEREAS on Saturday, April 13, 1991 the City did publish notice of a public hearing in the Rohnert Park- Cotati Clarion of a public hearing to be held on Tuesday, April 23, 1991 at the hour of 7 o'clock p.m. or as soon thereafter as the matter might be heard at City Hall Chambers, 6750 Commerce Boulevard for the purpose of determining whether the real property should be abated, and WHEREAS The Director of Public Works /City Engineer and Chief Building Official of the City of Rohnert Park did also give written notice of the hearing by certified mail to the owner of the real property under proceedings in foreclosure, John Rohrman, P.O. Box JJ, Santa Rosa, California 95402, and WHEREAS a copy of the notice as published and mailed is attached to this Resolution as EXHIBIT "A ", and WHEREAS at the public hearing witnesses were sworn and did present evidence as to the condition of the premises, and WHEREAS the owner, John Rohrman, also appeared and'. presented testimony, and WHEREAS at the conclusion of the City Council hearing the City Council did make the following findings: 1. That the structure is in a state of disrepair and is in a dilapidated condition. 2. That the findings of the Director of Public Works /City Engineer and Chief Building Official of the City of Rohnert Park are true. 3. That the real property is an attractive nuisance to children and is also a public nuisance. 4. That the structure and real property should be abated. NOW THEREFORE BE IT RESOLVED by the Rohnert Park City Council that the structure and real property located at 7608 Blair Avenue, Rohnert Park, California, and described as follows: Lot Twenty (20), Rohnert Park Subdivision, Unit B, as recorded in Book 86 of Maps at pages 35 and 36, in the office of the Sonoma County Recorder. shall be abated. BE IT FURTHER RESOLVED that abatement of the structure and real property may be stayed until May 31, 1991, during which time the owner of the real property may abate the property by making necessary and proper repairs and renovation as required by the Chief Building Official after which time, if the abatement has not been done or is not in progress at a level satisfactory to the City Council, the City shall abate the property, If the cost of abatement is not paid within six (6) months of the date the cost is incurred then the cost of such abatement shall be placed on the real property roll of the Sonoma County Tax Collector for collection with the regular Sonoma County taxes when assessed. BE IT FURTHER RESOLVED that if the building is sold by Mr. Kerston or the foreclosing lender Mr. Rohrman or either or both of them then the new owner shall apply for the necessary permits within ten (10) days of the close of escrow and the recording of title to the new owner. BE IT FURTHER RESOLVED that the matter shall be placed on the agenda for a progress report no later then ninety days from the date of adoption of this resolution. BE IT FURTHER RESOLVED that the City Clerk be authorized to record a copy of this Resolution in the office of the Sonoma County Recorder. In Council duly passed this 23rd day of April, 1991. I v k YAOM 4�I 5! T Aye ?t Aye p',,,Absen�". Aye AYES: _4—. NOES: —Q AES-ENT - ASISTAW-2- CITY OF ROHNERT PARK 6750 Commerce Boulevard Rohnert Park, Sonoma County, California 94927 Telephone 795 -2411 NOTICE OF PUBLIC HEARING ABATEMENT OF 7608 BLAIR AVENUE NOTICE IS HEREBY GIVEN that the Council of the City of Rohnert Park will, on Tuesday, the 23rd day of april, 1991, at the hour of 7:00 P.M. (or as soon thereafter as the matter is reached during the Council meeting), in the City Council chambers, 6750 Commerce Boulevard, Rohnert Park, hold a public hearing to consider the abatement of the building and property at 7608 Blair Avenue (AP No. 143 -222- 10), Rohnert Park, Sonoma County, California. The building and property have been found by the Rohnert Park Building Official to be a dangerous property and building in that said property and building is in violation of Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, Section 203 of the Uniform Building Code, 1988 Edition, and Section 1001 of the Uniform Housing Code, 1988 Edition as herein below stated: The building and property are specifically in violation as to: 1. Broken windows in 8 locations. 2. Broken doors in 6 locations. 3. Wall studs are exposed in 3 locations. 4. Electrical wiring is exposed in 2 locations. 5. Ceilings are missing or damaged by holes or water throughout 90% of the building. 6. Sheet rock on walls is missing or damaged by holes or water throughout 100% of the building. 7. Concrete floor slab is exposed throughout 20% of the building. 8. The roof is missing or has holes exposed to the outside in 4 locations. 9. The roof leaks throughout the entire structure. 10. Portions of roof have partially been removed.. 11. The remaining carpet and floor are soaked with water throughout the entire building. 12. The yard is strewn with trash, debris, old domestic appliances, bicycles, mechanical parts, chemicals, a dilapidated metal storage building, and is not fenced or secured so as to deter access by the general public. Based on the above noted items, the building and property are therefore determined to be damaged and deteriorated to such an extent that the structural strength or stability of the building is materially less than the minimum requirements of the Uniform Building Code. EXHIBIT "A" The building and property are determined to be unsafe for the purpose of human habitation. The building is determined to be so dilapidated and deteriorated that it constitutes an attractive nuisance to children, and constitutes a public nuisance where people are more likely to commit immoral or unlawful acts. The building and property are determined to be maintained contrary to the provision of the Uniform Building Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, and applicable State law and City ordinance relative to buildings for the purpose of human habitation. The building and property are open to access and allows entry by the public and contains such debris and materials and as such are determined to constitute a danger and potential fire hazard. The building is determined to constitute a hazard to the safety, health and welfare of the public because of its state of maintenance, dilapidation and potential fire hazard and is,under the Uniform Building Code, determined to be an unsafe building. All persons interested should appear at the meeting. Written statements may be submitted for presentation at the meeting. Joseph D. Netter City Manager /Clerk DATED: April 11, 1991 801 -802 ABATEMENT OF DANGEROUS BUILDINGS Chapter 8 1 A1211 a �, General Sec. 801. (a) Procedure. When any work of repair or demolition is to be done pursuant to Section 701(c) 3 of this code, the building official shall issue his order therefor to the director of public works and the work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of said director. Plans and specifications therefor may be prepared by said director, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed. (b) Costs. The cost of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legisla- tive body of this jurisdiction shall determine is appropriate. Repair and Demolition Fund Sec. 802. (a) General. The legislative body of this jurisdiction shall establish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the director of public works to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings. (b) Maintenance of Fund. The legislative body may at any time transfer to the repair and demolition fund, out of any money in the general fund of this jurisdic- tion, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the treasurer of this jurisdiction who shall credit the same to the repair and demolition fund. 26 1988 EDITION 901 -904 Chapter 9 RECOVERY OF COST OF REPAIR OR DEMOLITION Account of Expense, Filing of Report: Contents Sec. 901. The director of public works shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of Section 701 (c) 3 of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 401. Report Transmitted to Council —Set for Hearing Sec. 902. Upon receipt of said report, the clerk of this jurisdiction shall present it to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests or objections thereto. The clerk of this jurisdiction shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appear on the last equalized assessment roll of the county, if such so appear, or as known to the clerk. Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour and place when the legislative body will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Protests and Objections —How Made Sec. 903. Any person interested in or affected by the proposed charge may file written protests or objections with the clerk of this jurisdiction at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The clerk of this jurisdic- tion shall endorse on every such protest or objection the date it was received by him. He shall present such protests or objections to the legislative body of this jurisdiction at the time set for the hearing, and no other protests or objections shall be considered. Hearing of Protests Sec. 904. Upon the day and hour fixed for the hearing the legislative body of this jurisdiction shall hear and pass upon the report of the director together with any such objections or protests. The legislative body may make such revision, correction or modification in the report or the charge as it may deem just; and when the legislative body is satisfied with the correctness of the charge, the report 27 904 -908 ABATEMENT OF DANGEROUS BUILDINGS 1988 EDITION 909 -912 (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the legislative body of this jurisdiction on the report and the charge, and on all protests or objections, shall be final and conclusive. Personal Obligation or Special Assessment See. 905. (a) General. The legislative body of this jurisdiction may there- upon order that said charge shall be made a personal obligation of the property owner or assess said charge against the property involved. (b) Personal Obligation. If the legislative body of this jurisdiction orders that the charge shall be a personal obligation of the property owner, it shall direct the attorney for this jurisdiction to collect the same on behalf of this jurisdiction by use of all appropriate legal remedies. (c) Special Assessment. If the legislative body of this jurisdiction orders that the charge shall be assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assess- ment shall constitute a special assessment against and a lien upon the property. Contest See. 906. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment. Authority for Installment Payment of Assessments with Interest Sec. 907. The legislative body of this ,jurisdiction, in its discretion, may determine that assessments in amounts of $500.00 or more shall be payable in not to exceed five equal annual installments. The legislative body's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment. Lien of Assessment See. 908. (a) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be para- mount to all other liens except for state, county and property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. (b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 7 percent per annum from and after said date. Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill See. 909. After confirmation of the report, certified copies of the assessment shall be given to the assessor and the tax collector for this jurisdiction, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. Filing Copy of Report with County Auditor Sec. 910. If the county assessor and the county tax collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. Collection of Assessment: Penalties for Foreclosure Sec. 911. The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. If the legislative body of this jurisdiction has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary property taxes in successive years. If any instailment.is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes. Repayment of Repair and Demolition Fund See. 912, All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund. 28 29