TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, Director of Development Services
PREPARED BY: Nolan Berentis, Code Enforcement Supervisor
SUBJECT:
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Conduct a Discussion and Adopt Resolution No. 24-4731 to Confirm the Statements of Costs and Approve Special Assessments to be Levied on the Property Tax Bill for Nuisance Abatements on Three Properties
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RECOMMENDATION
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Conduct a Discussion;
Adopt Resolution No. 24-4731 entitled: A Resolution of the City Council of the City of Murrieta, California Confirming Statements of Costs and Authorizing a Special Assessment on Properties for Recovery of Nuisance Abatement Costs on the following properties:
A. 25490 Blackthorne Drive
B. 29500 Via Princesa
C. 24189 Saradella Court; and
Establish a revenue budget of $21,305.87 in the Fiscal Year 2024/25 Operating Budget.
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PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
BACKGROUND
California Government Code Section 38773.5 provides that a city can adopt an ordinance to authorize that city to recover the costs of a nuisance abatement performed by the city through a special assessment on the subject property. Murrieta Municipal Code Chapter 8.20 establishes the procedures to adopt such special assessments to be levied on the property tax bill. Hence, in each case where code enforcement action has resulted in an abatement performed by the City of Murrieta (City), the City is authorized to recover its costs in performing such an abatement after complying with the required notice and procedures.
For each of the properties set forth below, the City provided notice to the property owner of the existence of a nuisance on their property and provided an opportunity to appeal any such determination and correct the nuisance condition(s). When the property owners failed to abate the nuisance conditions within the required time period, the City obtained a warrant to remediate the nuisance conditions on the properties using the City’s own forces or a private contractor. Thereafter, a Statement of Costs was prepared to demonstrate the costs incurred for each abatement and all three Statements of Cost are now being submitted to the City Council at a public meeting to confirm, revise, correct, or modify the costs to be imposed against each party.
The adoption of the attached proposed Resolution No. 24-4731 confirms each Statement of Costs for the three properties set forth below. Upon adoption of this resolution, the costs shall be sent to the County to be recorded as liens on the applicable properties and a levy of special assessment against each property on the Fiscal Year 2024/25 property tax bills. A copy of the Statement of Costs (Exhibit A to Resolution No. 24-4731) and Notice of this public meeting was provided to each of the property owners and is attached hereto (Attachment 2).
The history (Attachments 3 & 4) associated with each abatement is as follows:
25490 Blackthorne Drive: This property has been vacant since 2018. Code Enforcement received numerous complaints from adjacent property owners for the landscape conditions in the front and rear yards. Staff issued numerous notices of violation and administrative citations for the violations. Staff also performed a public nuisance hearing, giving the owner an opportunity to come forward and provide information on how they were going to resolve the conditions. The owner did not appear for the nuisance hearing, and the property was declared a public nuisance. Code Enforcement obtained an abatement warrant from the court and executed the warrant on January 5, 2022. The overgrown vegetation, dead vegetation, and other landscape violations were cut, removed, and discarded. The total amount of recovery set forth on the Statement of Costs for 25490 Blackthorn Drive is $4,000.
29500 Via Princesa: The property owner was not maintaining the landscaping on the property, including the adjacent storm drain channel located on the property. The storm drain created an attractive nuisance condition for homeless encampments and required Police and City staff to inspect the area multiple times each week. Code Enforcement staff issued two notices of violation and had six or more conversations with the property owner and their attorney to discuss their plans to correct the conditions. Staff was informed the owner did not have the financial resources to correct the conditions. Code Enforcement worked with the City Attorney’s office to obtain an abatement warrant. Once obtained, staff executed the abatement warrant between the dates of November 20-24, 2023. All weeds, dead vegetation, and overgrown vegetation on the property were cut, removed, and discarded by the contractor. The total amount of recovery set forth on the Statement of Costs for 29500 Via Princesa is $16,411.50.
24189 Saradella Court: The property was reported to Code Enforcement for an unsafe pool enclosure. Code Enforcement issued two violation notices to the owner to correct the violations. Staff also issued four administrative citations. The conditions were not abated by the property owner and the pool remained unsecured and accessible to the public. Staff identified a contractor and requested an emergency abatement to secure the pool. On January 3, 2024, the contractor performed the repairs to secure the fence to make the pool no longer accessible. The total amount of recovery set forth on the Statement of Costs for 24189 Saradella Court is $894.37.
FISCAL IMPACT
The special assessments will be submitted to the County to be levied on the Fiscal Year 2024/25 property tax bills. The total fiscal impact to the City of Murrieta is the recovery of a total of $21,305.87. Staff requests that the City Council appropriate a revenue budget in this amount within the Fiscal Year 2024/25 Operating Budget in General Ledger Account 1104140-40056.
ATTACHMENTS
1. Resolution No. 24-4731
2. Public Notice to Each Property Owner
3. Photos and Case History for All Three Locations
4. Additional Documentation for All Three Locations