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Home My WebLink AboutCC RES 18-05Document -4762324 -Page -1 RECORDING REQUESTED BY: City of Tustin AND WHEN RECORDED MAIL TO: City of Tustin City Clerk's Office 300 Centennial Way Tustin, CA 92780 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1t 1111111 1�1 II 11111111111111111111111111111111111111111111111 NO FEE * $ R 0 0 0 9 B 6 4 6 3 3 S* 2018000036862 9:23 am 02101118 47 NC -5 R28 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.00 0.00 RECORDING FEES EXEMPT PER GCS 27383 *************************************************************************************** RESOLUTION NO. 18-05 A 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 FOR 14412 RAINTREE ROAD, CITY OF TUSTIN (ASSESSOR PARCEL NUMBER 432-434-01). about:blank 2/1/2018 RECORDING REQUESTED BY: City of Tustin AND WHEN RECORDED MAIL TO: City of Tustin City Clerk's Office 300 Centennial Way Tustin, CA 92780 RECORDING FEES EXEMPT PER GCS 27383 *************************************************************************************** RESOLUTION NO. 18-05 A 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 FOR 14412 RAINTREE ROAD, CITY OF TUSTIN (ASSESSOR PARCEL NUMBER 432-434-01). RESOLUTION NO. 18-05 A 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 FOR 14412 RAINTREE ROAD, CITY OF TUSTIN (ASSESSOR PARCEL NUMBER 432-434-01). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. That on July 28, 2015, City of Tustin staff was notified that a private resident's block wall was leaning and threatening to fall into the adjacent sidewalk. The City's Building Official inspected the wall and determined it to be an imminent life -safety concern and the subject hazard was declared a public nuisance is in violation of several Tustin City Codes, including, but not limited to TCC 5502(b) and 5502(m)(3). In July 2016, the City obtained a court order, entered the property and replaced the wall to abate the public nuisance and abate the hazard to the public. B. That Karen J. Calkins is the owner of record ("Responsible Party") for the real property located at 14412 Raintree Road, City of Tustin, Assessor Parcel Number: 432-434-01 ("Subject Property"); 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 the 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, shall constitute a special assessment against a parcel in accordance with California Government Code Section 38773.5; and F. That the City Council held a hearing on January 16, 2018, 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. Section 2: The City Council hereby approves, confirms, and adopts the Resolution No. 18-05 Page 1 of 3 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. Section 3: 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. Section 4: 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 16th day of January, 2018. -o ATTEST: ERIC N. RA , City Clerk ELWYN M MURRAY, Mayor Resolution No. 18-05 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 18-05 ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does 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. 18-05 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day of January, 2018, by the following vote: COUNCILPERSONS AYES COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Ai -,/ ERICA N. RABE, City Clerk Resolution No. 18-05 Page 3 of 3 Murray,Gomez,Puckett,Bernstein,Clark(5) (0) (0) (0) EXHIBIT A Administrative Costs at 14412 Raintree Road (As of 10/11/2017) Staff Member Supporting Information Compensation Contractor's Costs See, Attachment A $14,375.00 Permit Fees: Building Permit Encroachment Permit See, Attachment B $214.70 $249.83 City Staff Costs See, Attachment C $2,986.32 Outstanding Citations and Fines See, Attachment D $0.00 City ttorney Fees See, Attachment E $4,729.32 Total: $22,555.17 Office of the City Clerk February 1, 2018 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED & U.S. MAIL Orange County Auditor 12 Civic Center Plaza, Suite 200 Santa Ana, CA 92701 Re: Notice of Special Assessment Against Parcel 14412 Raintree Rd.; Tustin, CA 92780 Dear Mr. Woolery: On January 16, 2018, the City Council of the City of Tustin conducted a public hearing in relation to the unpaid nuisance abatement costs incurred by the City in relation to the above referenced property (the "Property"). After consideration of the matter, the City Council voted to approve Resolution No. 18-05, which confinned and approved the report of nuisance abatement costs associated with the Property, and directed City staff to cause delivery of the resolution to the Orange County Auditor for purposes of imposing a special assessment on the Property. Additionally, the City Council directed staff to record the resolution with the Orange County Recorder. In sum, the resolution approves imposition of a special assessment on the Property in the amount of $22,325.17. Please take notice that pursuant to Resolution No. 18-05, a copy of which is enclosed herewith for your records. The assessment imposed by the resolution may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. Sincerely, #4i` Erica N. Rabe City Clerk P: (714) 573-3026 • F: (714) 832-6382 1293966.1 300 Centennial Way, Tustin, CA 92780 • www.tustinca.org Office of the City Clerk February 1, 2018 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED & U.S. MAIL Karen Calkins 14412 Raintree Rd. Tustin, CA 92780 Re: Notice of Special Assessment Against Parcel 14412 Raintree Rd.; Tustin, CA 92780 Dear Ms. Calkins: On January 16, 2018, the City Council of the City of Tustin conducted a public hearing in relation to the unpaid nuisance abatement costs incurred by the City in relation to the above referenced property (the "Property"). After consideration of the matter, the City Council voted to approve Resolution No. 18-05, which confirmed and approved the report of nuisance abatement costs associated with the Property, and directed City staff to cause delivery of the resolution to the Orange County Auditor for purposes of imposing a special assessment on the Property. Additionally, the City Council directed staff to record the resolution with the Orange County Recorder. In surn, the resolution approves imposition of a special assessment on the Property in the amount of $22,325.17. Please take notice that pursuant to Resolution No. 18-05, a copy of which is enclosed herewith for your records, is now being delivered to the Orange County Auditor, as well as recorded with the Orange County Recorder. The assessment imposed by the resolution may be collected at the sane time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. Further, you should be aware that the Property may be sold after three years by the tax collector for unpaid delinquent assessments. Sincerely, Akl Erica N. Rabe City Clerk P: (714) 573-3026 e F: (714) 832-6382 1293966.1 300 Centennial Way, Tustin, CA 92780 0 www.tustinca.org -:r --I- Domestic Mail Only - r ru ru co 1:1 E3 ct] ro Certified Mail Fee Lr) Lrl Extra Services & Fees (check box, add lee as appropriate) ❑ Return Receipt (hardcopy) $ �® ® Q ❑ Return Receipt (electronic) $ Postmark f 0 O ❑ Certled Mall Restricted Delivery $ Here E3 ® []Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ p p Postage Er 0" �- r -:l a Total Posta ® C3 C3 $ KAREN CALKINS rL rL Sent To ••�� a 14412 RAINTREE RD. �..`� O I-3 str--------- et and f r` r` ------------- TUSTIN, CA 92780 r` r` Domestic a a = Fordelivelry information, visit our website at www.usps.com". EO w — E3er co C3 co Certified Mail Fee -r =I- $ Ln Lr) Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ -� or_ 1--3 E ❑ Return Receipt (electronic) $ Postmark O O ❑ Certified Mall Restricted Delivery $ Here ® ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ p p Postage _ Ir Er $ ®_ t-9 t-:1 Total Post $ ORANGE COUNTY AUDITOR r`- rL Sent To �.�. r-9 r-9 12 CIVIC CENTER PLAZA, SUITE 200 6tieet ani rSANTA ANA, CA 92701 Office of the City Clerk March 15, 2018 Karen Calkins 14412 Raintree Road Tustin, CA 92780 RE: Notice of Special Assessment Against Parcel Ms. Calkins: On February 1, 2018, the City mailed a certified letter regarding the Notice of Special Assessment Against the Parcel located at 14412 Raintree Road. The post office sent delivery notifications on 2/6/18, 2/13/18 and 2/21/18, however the letter was returned as unclaimed. To ensure you are notified of the notice, enclosed please find the pertinent documents that were originally mailed. If you have any questions, please contact me 714.573.3025. Regards, Erica N. Rabe City Clerk P: (714) 573-3026 • F: (714) 832-6382 300 Centennial Way, Tustin, CA 92780 0 www.tustinca.org CE977FIED MAIL Hasler City of Tustin 02/01/2018 300 Centennial Way Tustin, CA 92780 7017 0190 0000 5480 8424 fj'r A -L Karen Calkins 14412 Raintree Rd. Tustin, CA 92780 ..... ... . ..... ..