2016/01/26 City Council Resolution 2016-011RESOLUTION 2016-011
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A STATEMENT OF COSTS AND ESTABLISHING A LIENAGAINST
THE VACANT REAL PROPERTY LOCATED AT 1391 MIRAMONTE PL, ROHNERT
PARK CA, APN- 047-370-015
PURSUANT TO ROHNERT PARK MUNICIPLE CODE SECTIONS 1.24.200, AND
1.27.050 AND GOVERNMENT CODE SECTION 38773.1
WHEREAS, On May 21, 2014, staff received a written complaint regarding lack of
maintenance and the condition of property at 1391 Miramonte Place, Rohnert Park, California,
Assessor Parcel No. 047-370-015 ("Property"); and
WHEREAS, City staff inspected the Property and identified several code violations that
threatened the public's health, safety and welfare; and
WHEREAS, on June 24, 2014, the property owner was notified of nuisance violations on
her property and requested to abate the violations; and
WHEREAS, on July 17, 2014, the City re -inspected the Property and the violations had
not been abated. The property owner was served a Notice of Violation, ordering the violations
abated; and
WHEREAS, on August 13, 2014, the violations had not been abated and the property
owner was issued an administrative citation; and
WHEREAS, on September 30, 2014, the City re -inspected and found violations
unresolved; and
WHEREAS, on January 27, 2015, pursuant to Chapter 1.26 of the Rohnert Park
Municipal Code ("Code"), the property owner was notified of an administrative hearing on the
unabated nuisance. The notice ordered the owner to attend the hearing to show cause why the
City should not abate the nuisance and impose the costs of doing so on the owner; and
WHEREAS, February 10, 2015, the hearing for the unabated nuisance was held and the
owner failed to appear, forfeiting the right to object to the City's nuisance abatement efforts;
WHEREAS, on February 10, 2015, the hearing officer confirmed the violation and
served the property owner with the decision ordering the violations be corrected by March 1,
2015; and
WHEREAS, on March 10, 2015, the violation was not abated and the city hired a
contractor and removed the violation; and
WHEREAS, the City of Rohnert Park is authorized, pursuant to the Rohnert Park
Municipal Code 1.24.190, to recover all costs associated with nuisance abatement including, but
limited to notices, inspections, hearings and attorney fees; and
WHEREAS, the City of Rolmert Park is authorized, pursuant to Rohnert Park Municipal
Code 1.24.030, 1.27.050 and Government Code 38773.1 to adopt a statement of costs for the
nuisance abatement efforts and place a lien against vacant real property for recovery of those
nuisance abatement costs; and
WHEREAS, on January 26, 2016, pursuant to Rohnert Park Municipal Code 1.24.200,
the City Council held a duly noticed public hearing to consider the statement of costs and
expenses of the abatement and the lien to be imposed on the owner's property, at which time, all
interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK
Section 1. Recitals and Findings. The above recitals are true and correct and material to this
Resolution and in snaking this finding, the Council relied upon and hereby incorporates by
reference all staff reports, presentations, and other documentation presented to the Council.
Section 2. Determination of the Cost of Abatement. Pursuant to Rohnert Park Municipal
Code Section 1.24.200, the City Council hereby confirms the assessment in the amount of eight
thousand, three hundred three dollars and sixty four cents ($8,303.64) on the property located at
1391 Miramonte Place, Rohnert Park, California, Assessor Parcel No. 047-370-015, based on the
accounting of the costs incurred by the City in connection with the nuisance abatement on
Property and as presented in Exhibit A, which is attached hereto and incorporated by this
reference.
Section 3: Lien. Pursuant to Rohnert Park Municipal Code Section 1.27.050, the abatement
costs in Exhibit A shall be imposed as a nuisance abatement lien upon the property located at
1391 Miramonte Place, Rohnert Park, California, Assessor Parcel No. 047-370-015 as provided
for in Rohnert Park Municipal Code Chapter 1.27.
Section 4: Recordation of Pending Lien. Upon adoption of this Resolution, the City Clerk is
hereby directed to record a notice of pending lien against the Property with the County of
Sonoma Recorders Office in substantially similar form as Exhibit B, attached hereto and
incorporated by this reference.
Section 5. Recordation of Lien. In the event that the costs established in this Resolution are
not repaid within 45 calendar days of the adoption of this Resolution, the City Clerk is hereby
directed to record a notice of lien against the property with the County of Sonoma Recorders
Office in substantially similar form as Exhibit C, attached hereto and incorporated by this
reference.
2
2016-011
Section 6. Satisfaction. Once payment in full is received by the city, the director of finance
shall either record a notice of satisfaction or provide the property owner with a notice of
satisfaction so they may record this notice with the County of Sonoma Recorders Office. Such
notice of satisfaction shall cancel the city's lien.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 26th day of January, 2016.
CITY OF ROHNERT PARK
f
Ginafort , ayor
ATTEST:
J o nne Buergler, City Clerk
Exhibit A: Statement of Costs
Exhibit B: Notice of Pending Lien
Exhibit C: Notice of Lien
AHANOTU: t�� CALLINAN: STAFFORD: l MACKENZIE: �BELFORTE:
AYES: ( ) NOES: ( 0 ) ABSENT: ( 0) ABSTAIN:
3
2016-011
Statement of Costs
Exhibit A to Resolution
City of Rohnert Park
130 Avram Ave
Rohnert Park, CA 94928
1391 Miramonte Place, Rohnert Park, CA
APN #047-370-015
Case # 14-0161 Date Opened: 5/21/14
Case # 15-0585 Date opened: 9/24/15
DATE
1
DESCRIPTION
PERSONNEL :HOURS
RATE
BALANCE
5/14-8/15
37 Inspections
D Hearn 4.15
$51.00/hr
$211.65
5/14-8/15
9 Letters Sent
D Hearn 4.0
$51.00/hr
$204.00
5/14-8/15
4 Phone Calls
D Hearn .74
$51.00/hr
$37.74
5/14-8/15
5 Conferences
D Hearn 12.62
$51.00/hr
1$133.62
5/14-8/15
Case Preparation
D Hearn 15.0
$51.00/hr
$255.00
10/15-12/15
Case Preparation
J Selberg 1410
$46.00/hr
$184.00
2/10/15
Abatement Hearing
3 Staff i 3.0
$214.21 /hr
$642.63
8/3/14
Citation
$4800.00
3/10/15-
Contractor cost/abatement
$500.00
5/14-2/16
Office Supplies and postage
$100.00
1/16-2/15
Case Preparation
J Selberg 5.0
$46.00/hr
$230.00
1 /16-2/15 Case Preparation ___ MG Pawson 1 5.0
$201.00/hr $1005.00
Total 8303.64
Dout Hearn
Code ComplianceOfficer
RGS/Rohnert Park
Jette Selberg
Code Compliance Officer
Rohnert Park
Exhibit B to Resolution
RECORDING REQUESTED BY:
CITY OF ROHNERT PARK
WHEN RECORDED MAIL TO:
CODE COMPLIANCE DIVISION
130 Avram Ave.
Rohnert Park. CA 94928
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF PENDING LIEN
APN#:047-370-015
AKA: 1 391 MIRAMONTE PL SAN RAFAEL CA 94903-2448
Notice is hereby given that, pursuant to the provisions of Chapter 1.24 of the Rohnert Park Municipal Code
(RPMC), the City of Rohnert Park has incurred the cost of inspections and abatement of the property described
below. The City of Rohnert Park intends to impose a lien against the property described below to recover the
cost of such inspections, plus appropriate fees and fines, as authorized by RPMC Sections 1 .24.1 70, 1 .24.1 80,
1 .24.1 90, and 1 .27.050 upon confirmation of the City Council.
For further information regarding this notice and the status of Department proceedings, please contact Jette
Selberg of the Code Compliance Division between 9:00 a.m. and 4:30 p.m., Monday through Friday.
Telephone Number: (707) 588-2249 Office Location: 130 Avram Avenue, Rohnert Park
The property subject to this Notice of Pending Lien is that certain real property in the City of Rohnert Park,
County of Sonoma, State of California, described as follows:
[INSERT LEGAL DESCRIPTION]
THIS NOTICE WILL CONTINUE IN FULL FORCE AND EFFECT UNTIL THE CITY OF ROHNERT
PARK RECORDS A SUBSEQUENT NOTICE OF TERMINATION OF PENDING LIEN OR A NOTICE OF
LIEN.
DATED: This
OWNER(S):
HASSMAN PATRICIA J
383 HOLLY DR
SAN RAFAEL CA, 94903-2448
OAK #4810-8771-1785 v1
Day of
16.
CITY OF ROHNERT PARK
Jette Selberg
City of Rohnert Park, Code Compliance Officer
Development Services
By
Jette Selberg
PROOF OF SERVICE BY MAIL
CITY OF ROHNERT PARK
DEVELOPMENT SERVICES
130 Avram Avenue
Rohnert Park, CA 94928
Phone: (707) 588-2249
Web: wwwxpcity.or
I am a citizen of the United States and employed in the County of Sonoma, State of California, and over the age
of eighteen (18) years: my business address is City Hall, 130 Avram Avenue, Rohnert Park, California 94928. I
am familiar with the practice of the City of Rohnert Park for collection and processing of correspondence for
mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United
States Postal Service the same day it is submitted for mailing.
:�2
(DATE), I served the following person:
(NAME)
(LOCATION)
by mailing a true copy of. Notice of Lien - Pending
I declare under penalty of perjury that the foregoing identified envelope was sealed and mailed first class and
register postage fully prepaid placed thereon, in the United States mail at Rohnert Park, California.
Executed at Rohnert Park, California, on the day of )2016.
Signed:
OAK #4810-8771-1788 0
RECORDING REQUESTED BY:
CITY OF ROHNERT PARK
WHEN RECORDED MAIL TO:
CODE COMPLIANCE DIVISION
130 Avram Ave.
Rohnert Park, CA 94928
Exhibit C to Resolution
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF LIEN
APN#:047-370-015
AKA: 1391 MIRAMONTE PL SAN RAFAEL CA 94903-2448
Pursuant to the authority vested by the provisions of Sections 1.24.190, 1.24.200, 1 .24.210 and 1 .24.230 of
the Rohnert Park Municipal Code and pursuant to the confirmation of the City Council on [INSERT DATE OF
CITY COUNCIL HEARING], the City of Rohnert Park hereby claims a lien in the sum $---------- plus daily
interest at the legal rate set forth in California Code of Civil Procedure section 685.010 from [INSERT DATE OF
CITY COUNCIL HEARING], against the property described below to recover inspection costs, plus appropriate
fees and fines, incurred in relation to the property.
The property subject to this Notice of Lien is that certain real property in the City of Rohnert Park, County of
Sonoma, State of California, described as follows:
[INSERT LEGAL DESCRIPTION]
THIS LIEN WILL CONTINUE IN FULL FORCE AND EFFECT UNTIL THE
CITY OF ROHNERT PARK RECORDS A SUBSEQUENT RELEASE OF LIEN.
DATED: This
OWNER(S):
HASSMAN PATRICIA J
383 HOLLY DR
SAN RAFAEL CA, 94903-2448
OAK #4810-8771-1788 vl
Day of
CITY OF ROHNERT PARK
16.
Jette Selberg
City of Rohnert Park, Code Compliance Officer
Development Services
IM
Jette Selberg
PROOF OF SERVICE BY MAIL
CITY OF ROHNERT PARK
DEVELOPMENT SERVICES
130 Avram Avenue
Rohnert Park, CA 94928
Phone: (707) 588-2249
Web: www.Mcity..org
I am a citizen of the United States and employed in the County of Sonoma, State of California, and over the age
of eighteen (18) years: my business address is City Hall, 130 Avram Avenue, Rohnert Park, California 94928. I
am familiar with the practice of the City of Rohnert Park for collection and processing of correspondence for
mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United
States Postal Service the same day it is submitted for mailing.
On
(DATE), I served the following person:
(NAME)
(LOCATION)
by mailing a true copy of. Notice of Lien
I declare under penalty of perjury that the foregoing identified envelope was sealed and mailed first class and
register postage fully prepaid placed thereon, in the United States mail at Rohnert Park, California.
Executed at Rohnert Park, California, on the day of , 2016.
Signed:
OAK #4310-8771-1788 v1