TITLE
Recommendation to adopt resolution directing the Los Angeles County Auditor-Controller to include on the 2011-12 Secured Tax Roll, certain levies made pursuant to the provisions of the Long Beach Municipal Code for weed and debris removal, administrative citations, securing of buildings, and vacant buildings in the amount of $222,675. (Citywide)
DISCUSSION
Chapter 8.56 of the Long Beach Municipal Code sets forth procedures for notifying property owners to clean their lots of weeds and/or debris. If the owner fails to remove the weeds or debris within the time stated following notification, or if ordered by the Board of Examiners, Appeals and Condemnation (BEAC), or after an appeal process, the City is authorized to clean the lot and assess a levy against the property.
Chapter 18.20 of the Long Beach Municipal Code authorizes the City to demolish and/or secure, following the appropriate hearings, any substandard building or structure that constitutes a public nuisance. All expenses incurred by the City in connection with the vacant buildings including removal, securing of buildings or demolition, are charged and become an indebtedness of the property owner.
Chapter 18.21 of the Long Beach Municipal Code sets forth a program to manage the maintenance of long-term vacated buildings. Various City departments, including Development Services/Code Enforcement, Police, Fire and Health, are involved in such monitoring to deter unauthorized access by securing vacant buildings. The substantial costs of monitoring vacant buildings are to be borne by the property owners.
The attached Resolution authorizes the City to collect delinquent weed removal charges and/or delinquent building abatement charges, vacant building monitoring fees, incidental enforcement costs, interest, and a lien transfer charge from the responsible owners through their property tax bills for properties cleaned, abated and/or monitored during July 1, 2010 through June 30, 2011. Interest accrues at the rate of 12 percent from the delinquency date through June 30, 2011, with the exception of the administrative citations. City Council recently amended Municipal Code 9.65 on June 14, 2011 to allow for interest to accrue in future years on administrative citations.
Upon approval by the City Council, the Director of Financial Management will forward the authorizing Resolution and the prescribed reporting forms to the Los Angeles County Auditor-Controller, Tax Division, for incorporation into the 2011-12 County Secured Tax Roll.
This matter was reviewed by Assistant City Attorney Mike Mais and Budget Management Officer Victoria Bell on June 29, 2011.
TIMING CONSIDERATIONS
City Council action on this item is requested on July 19, 2011, as the Los Angeles County Auditor-Controller requires receipt of the authorized lien assessment on July 31, 2011.
FISCAL IMPACT
Total code enforcement delinquency charges to be placed on the 2011-2012 tax roll are $222,675, representing 77 properties.
These are comprised of:
a) Weed removal and cleaning charges including interest in the amount of $51,226 levied against the 19 listed properties (see Resolution Exhibit A );
b) Administrative citation charges without interest in the amount of $13,710 levied against ten listed properties (see Resolution Exhibit B)
c) Secure building charges including interest in the amount of $1,422 levied against the one listed property (see Resolution Exhibit C); and,
d) Vacant building charges including interest in the amount of $156,317 levied against the 47 listed properties (see Resolution Exhibit D);
The County will be requested to collect these costs with the annual property taxes for deposit into the General Fund (GP).
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH DIRECTING THE LOS ANGELES COUNTY AUDITOR-CONTROLLER TO INCLUDE ON THE 2010-2011 SECURED TAX ROLL CERTAIN ASSESSMENTS MADE PURSUANT TO PROVISIONS OF THE LONG BEACH MUNICIPAL CODE FOR WEED AND DEBRIS REMOVAL , ADMINISTRATIVE CITATIONS AND PENALTIES, SECURING OF BUILDINGS, AND MONITORING OF VACATED BUILDINGS.
Respectfully Submitted,
DAVID S. NAKAMOTO
ACTING DIRECTOR, DEPARTMENT OF
FINANCIAL MANAGEMENT/CFO
AMY J. BODEK
DIRECTOR, DEPARTMENT OF DEVELOPMENT SERVICES
APPROVED:
PATRICK H. WEST
CITY MANAGER