HomeMy WebLinkAboutCC RES 12-88A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING AND
CONFIRMING THE REPORT AND ACCOUNT OF
NUISANCE ABATEMENT COSTS RELATING TO
CERTAIN REAL PROPERTY LOCATED IN THE CITY OF
TUSTIN AND REQUESTING THE ORANGE COUNTY
AUDITOR ADD THE UNPAID NUISANCE ABATEMENT
COSTS INCURRED BY THE CITY OF TUSTIN TO THE
TAX ROLL.
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That on January 4, 2012, the house located at 1521 Lanai Way suffered
significant fire damage. Due to the extent of the fire, the house was
determined by the Building Official to be dangerous and uninhabitable and,
since the property was uninsured, a fencing enclosure was installed by the
City to protect the health, safety, and general welfare of the public. The
I
condition of the property was determined to constitute a public nuisance
E - due to the roof condition, the unattended swimming pool and s
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accumulation of debris and the overall condition of the property which are
in violation of several Tustin City Codes, including, but not limited to Tustin
City Code 5502(b) and 5502(m)(5). The expenses the City has incurred to
date total $16,544.99;
B. That Glenn A. Bouck was the owner of record of the real property located
at 1521 Lanai Way, City of Tustin ( "Subject Property ") and that Ashley
Katalinas was appointed executor of the estate in accordance with the
Order for Probate filed with the Superior Court of California, Orange County
on October 1, 2012;
C. That a report and account of the costs incurred by the City of Tustin for
nuisance abatement activity at the Subject Property is attached hereto as
Exhibit "A" and incorporated herein by reference ( "Report");
D. That Responsible Party is delinquent in the payment of said nuisance
abatement costs;
E. That Tustin City Code Section 5508 provides that the total costs of
nuisance abatement, including all administrative costs, shalt constitute a
special assessment against a parcel in accordance with California
Government Code Section 38773.5; and
Resolution 12 -88
Page 1 of 5
F That the City Council held a hearing on November 6, 2012, which was
properly noticed as required by California Government Code Section
38773.5 and Tustin City Code Section 5508, for the purpose of considering
the Report, and duly considered all protests related thereto.
11. The City Council hereby approves, confirms, and adopts the Report, attached
hereto as Exhibit "A" and incorporated herein by reference, and orders that the
nuisance abatement costs set forth in the report be collected as a special
assessment against the Subject Property.
Ill. The City Council hereby directs the City Clerk to cause the delivery of a certified
copy of the Report to the Orange County Auditor and to submit a certified copy of
the Resolution (with attachments) to the Orange County Recorder for recordation.
IV. The City Council hereby requests the Orange County Auditor and Orange County
Recorder to take any and all actions necessary to provide for the placement of the
nuisance abatement costs on the tax roll and collecting said costs with the general
taxes.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 6th day of November, 2012. 1KI,
Mayor
n-2 IN
4STOKEK,
PAMELA
City Clerk
Resolution 12-88
Page 2 of 5
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STATE OF CALIFORNIA
COUNTY OF ORANGE
.......................................
CITY OF TUSTIN
1, Pamela Stoker, City Clerk of the City of Tustin, do hereby certify that the whole number
of the members of the City Council of the City of Tustin is five; that the above and
foregoing Resolution No. 12-88 was duly passed and adopted at a regular meeting of the
City of Tustin, held on the 6th day of November 2012, by the following vote:
111M
I
A
A
Resolution 12-88
Page 3 of 5
Nielsen, Murray, Amante, Gavello, Gomez
None
None
None
(5)
.(0)
(0)
(0)
EXHIBIT A
Administrative Costs at 1521 Lanai Way (As of 8/31/12)
Staff Member
Hours Worked
Date(s) Worked
Compensation
Corn. Dev. Director
7
01/05/12
$78712
Building Official
9
01/05/12
$826.92
Principal Engineer
1,5
4
01/05/12
ii 01/06/12
$461.84
Senior Planner
7
01/05/12
$544.04
Senior Building Inspector
12
2
01/05/12
01/06/12
$837.20'
Code Enforcement Officer (1)
2
1
30 minutes
1.5
1
1
1.5
1
1
1
30 minutes
1.5
01/20/12
01/24/12
01/25/12
01/30/12
02/16/12
04/18/12
04/19/12
05/16/12
05/18/12
06/13/12
06/14/12
07/27/12
$97.68
$48.84
$24.42
$73.26
$48.84
$48.84
$73.26
$48.84
$48.84
$48.84
$24.42
$73.26
Code Enforcement Officer (2)
----io -minutes
04/19/12
$24.42
Police Officer (1)
3
01/05/12
$185.31
Police Officer (2)
3
01/05/12
$185.31
Police Officer (3)
2
01/05/12
$123.54
Police Officer (4)
30 minutes
01/05/12
$30.89
Police Officer (5)
30 minutes
01/05/12
$30.89
Police Officer (6)
10 minutes
01/05/12
$10.30
Police Officer (Master) (7)
1.5
01/05/12
$98.69
Police Of fier (8)
30 minutes
30 minutes
01/05/12
04/19/12
$30.89,
$30,139
Police Detective (1)
1.5
30 minutes
01/05/12
04/19/12
$92.66
$30.89
Police Detective (2)
1.51
01/05/12
$92.66,
Police Services Officer
1
01/05/12
$48.84
Police Sergeant (1)
$16180
Police Sergeant (2)
1
01/05/12
$81.90
"Police Sergeant (3)-
20 minutes
01/05/12
$27. 3,
Police Officer (9)
30 minutes
04/19/12
$30.89
Total,:
$5,436.63
Resolution 12-88
Page 4 of 5
IN
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Additional Costs
Date
Cost
ServPro Emergency Board -Up, with Temporary Fencing
01/05/12
$4,846.37
ServPro Temporary Fencing Rental, July — Dec. 2012
07/25/12
$1,383.61
Water Utility billing
3/14/12
$144.78
City Attorney Costs
Jan. — Aug.
2012
$4,733.60
Total:
$11,108.36
Resolution 12 -88
Page 5 of 5
Grand Total: $16,544.99
JP
RECORDING REQUESTED BY
City of Tustin
AND WHEN RECORDED MAIL TO:
City of Tustin
City Clerk's Office
i I -
Above This Line for Recorder's Use