Report Prepared by: Stephanie Dietz, City Manager, City Manager’s Office
Title
SUBJECT: Conduct a Public Hearing to Consider the Work and Expense Report for the Abatement Work Done at 1050 Rambler Road (Abatement of Public Nuisance and Demolition of Building), Assess the Expenses/Charges for the Nuisance Abatement Work on the Assessment Roll and Approve the Filing and Recording of a Special Assessment and Lien Upon the Property for Said Expenses and Charges
REPORT IN BRIEF
Requests the City Council to conduct a Public Hearing and consider adopting a resolution approving the work and expense report for the abatement work done for 1050 Rambler Road, assessing a charge therefor and approving a lien against the property.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-22, a Resolution of the City Council of the City of Merced, California, confirming the cost assessment report relating to the nuisance abatement done at 1050 Rambler Road, Merced, California, (APN 007-022-002-000), assessing the expense and charges for the abatement work on the assessed roll, approving the filing and recording of a special assessment and lien against the property for said expenses and charges, directing the tax collector of Merced County to collect the delinquent account, and directing the City Clerk to file a certified copy of this resolution with the County Recorder to provide notice of the lien; and,
B. Authorizing the City Manager or designee to execute all necessary documents.
C. Directing the City Clerk to provide a copy of the Lien to the Finance Officer
..Body
ALTERNATIVES
1. Approve as recommended by staff; or
2. Approve, subject to other than recommended by staff (identify specific findings and/or conditions amended to be addressed in City Council motion); or,
3. Deny; or
4. Refer to City Staff for reconsideration of specific items (to be addressed in City Council motion); or,
5. Continue to a future City Council meeting (date and time to be specified in City Council motion).
AUTHORITY
Merced Municipal Code Section 17.16.010. Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings:
Section 901 of the Uniform Code for the Abatement of Dangerous Buildings states as follows:
“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 701.3, Item 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 Section 401.3.”
Section 902 provides that the clerk shall present the itemized account of the expense to the legislative body of the jurisdiction for consideration. The legislative body shall set a date for a hearing to hear the report and any protests or objections thereto. The clerk shall cause notice of said hearing and such notice shall be given at least ten days prior to the date of said hearing.
Section 904 provides that upon the hearing of the matter, the legislative body shall make any such revision, correction, or modification in the report or the charge as it may deem just and shall confirm or reject the report.
Section 905.1 provides that the legislative body may order the charge be made a personal obligation of the property owner or assess said charge against the property involved. If the legislative body opts to make the charge a personal obligation, it shall direct the attorney for the jurisdiction to collect the amount by use of all appropriate legal remedies. If the legislative body orders that the charge be assessed against the property, it shall confirm the assessment, cause it to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property.
CITY COUNCIL PRIORITIES
This action is consistent with the City Council’s priority to address substandard properties within the City that pose immediate threats to health and public safety.
DISCUSSION
The City has adopted the Uniform Code for the Abatement of Dangerous Buildings as part of the Merced Municipal Code at Section 17.16.010. The Uniform Code for the Abatement of Dangerous Buildings defines what constitutes dangerous buildings and provides a procedure for identifying dangerous buildings and either making them safe or demolishing them. The Code also provides for notice of violations to the owner(s) of the property and notice of their appeal rights. Finally, as described in the “Authority” section
of this report, if the City is forced to abate a nuisance condition, when the abatement is complete, the Code provides for the collection by the City of the expenses and costs of abatement.
History of Abatement of Nuisance on the Property
The subject property was a single-family residence in Merced located at 1050 Rambler Road, Assessor’s Parcel Number 007-022-002-000 (the “Property”). The residence was built sometime around 1952 and at the time of the abatement had existed for several years in an extremely substandard, hazardous, and dilapidated condition. The City initially posted/red-tagged the Property as uninhabitable and unsafe to enter in 2015 after a fire caused substantial damage, including leaving a large gaping hole in the roof. The Property was an eyesore constituting blight upon the surrounding neighborhood and attracting transients for illegal and/or unsafe activities. In April 2016, the Property became the focus of law and code enforcement efforts.
In March 2020, the Chief Building Official issued a Notice and Order to repair or abate the substandard and unlawful conditions on the Property by May 18, 2020, which the Property owner failed to do. The Property owner appealed the Notice and Order to the City Building and Housing Board of Appeals, which appeal was denied on July 15, 2020. The Property owner was given an additional 60 days to repair or abate the unlawful conditions on the Property, which he failed to do. Subsequently, two separate fire incidents, one in October 2020 and the second in December 2020, only exacerbated the ongoing dangerous conditions.
On May 20, 2020, the Property owner filed an appeal with the 5th District Court of Appeals challenging the legality of the inspection warrant. In addition, on September 8, 2020, the Property owner filed an action in the Superior Court of Merced challenging the decision of the City’s Building and Housing Board of Appeals.
On January 22, 2021, upon request of the City, the Merced Superior Court issued a Warrant to inspect and abate the Property by demolition. The City hired Unruh Bobcat Service to demolish the Property and abate the nuisances. On February 9, 2021, the City completed the demolition of the single-family residence on the Property pursuant to and in accordance with the Uniform Code for the Abatement of Dangerous Buildings. Additionally, all other trash and debris was removed, leaving a clean and vacant lot.
The City has expended funds for the cost of demolition, for staff time involved in the inspections of the building, for police calls to the Property, and the process of obtaining authority from the court to abate the nuisance on the Property. There were additional costs for staff time responding to complaints and citing the continuing violations on the Property post-demolition. All expenditures are set forth in Attachment “1” hereto.
In March 2021, the City entered into a Settlement Agreement and Mutual Release of All Claims with the Property owner and its beneficiaries, wherein the Property owner consented to the placement of a lien on the Property for the cost of abatement, to not object to the placement of the lien, to accept the sum of $64,400.00 in lieu of all City liens including, but not limited to, those set forth in Attachment 1 hereto. In addition, the Parties agreed that all legal court actions filed against the City would be dismissed with prejudice and the Property would be listed for sale. To the extent all terms of the settlement agreement are met, including sale of the Property, the City will receive $64,400 out of escrow.
As addressed in the “Authority” section of this report, if the City wishes to recover its costs with regard to the abatement, the City Council must review and approve the accounting of the costs presented after a public hearing and after hearing any protests or objections to the cost accounting. The City Council may make changes it deems to be just. Once the City Council has approved the cost report and the charge based thereon, the City Council may order that the charge be made a special assessment and lien against the Property.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed.
ATTACHMENTS
1. Cost Assessment Report - Public Nuisance Abatement by the City of Merced Pertaining to 1050 Rambler Road
2. Resolution Confirming Cost Assessment Report
3. Settlement Agreement Terms and Conditions
4. Presentation