RES 17958 - Laserfiche WebLink

RESOLUTION NO. 17-958 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON CONFIRMING THE IMPOSITION OF A SPECIAL ASSESSMENT ON THE PROPERTY AT 4719 ORANGEWOOD COURT, PLEASANTON (ASSESSOR'S PARCEL NUMBER 941-1001-047-00) FOR THE COSTS OF ABATEMENT, INCLUDING ATTORNEY FEES, ADMINISTRATIVE EXPENSES AND COSTS, ALL INCURRED IN A NUISANCE ABATEMENT ACTION ON SAID PROPERTY WHEREAS, from 2009 to 2012, responding to citizen complaints, the City inspected the property at 4719 Orangewood Court (the "Property") and discovered various Pleasanton Municipal Code and state law violations; and WHEREAS, administrative citations that addressed the violations were issued to the property owners but the property owners failed to address the nuisance conditions and/or health and safety violations described in the citations or pay the administrative fines; and WHEREAS, due to the continued substandard condition of the property, on August 3, 2012,the City filed a petition for appointment of receiver in the Superior Court of California, County of Alameda (City of Pleasanton v. Spitzer, Case Number RG12642206); and WHEREAS, after a court hearing on September 12, 2012, the Court found that the Property was substandard, a public nuisance, and maintained in a manner that violated state building standards, Health and Safety Code and Pleasanton Municipal Code; and WHEREAS,the Court further found that the violations were extensive and of such a nature that the health and safety of any occupant of the Property, the neighboring residents, and the general public was substantially endangered; and WHEREAS, the Court held that the City properly issued the Property owners a notice to repair and abatement order and the Property owners failed to comply with the notice and abatement order; and WHEREAS, the Court further held that the Property's substandard conditions were likely to persist unless the Court appointed a receiver to take possession of the Property and rehabilitate it and the Property owners were given notice of the City's intent to file a petition for a receiver's appointment; and WHEREAS, the Court's orders included the reimbursement to the City for its enforcement costs, including but not limited to inspection costs, investigation costs and attorney fees, costs in bringing the receivership action, and unpaid administrative citations; and WHEREAS, in accordance with Government Code §38773.5, Health and Safety Code section 17980.7, and Pleasanton Municipal Code sections 1.04.110, 9.28.180 and 20.32.020 (Chapter 9), the attorney fees, investigation costs, prosecution costs, and enforcement costs can be made a special assessment upon the property once confirmed by the City Council and thereafter recorded with the Alameda County Recorder's Office; and WHEREAS, in accordance with Pleasanton Municipal Code section 20.32.020, Section 9.05 (Chapter 9), immediately upon its being placed on the assessments roll, the assessment shall constitute a special assessment against and a lien upon the Property; and