report to mayor and council

REPORT TO MAYOR AND COUNCIL

TO THE HONORABLE MAYOR AND COUNCIL:
DATE:


SUBJECT:
RECOVERY OF UNPAID ADMINISTRATIVE CITATIONS, INSPECTION AND
RE-INSPECTION FEES, AND ABATEMENT COSTS FOR PROPERTY
MAINTENANCE VIOLATIONS AND THE MULTI-FAMILY HOUSING
INSPECTION PROGRAM

Report in Brief
This report recommends adoption of Resolution No. 10-43 (Attachment 1) levying assessments for unpaid administrative citation fines, inspection and re-inspection fees, and abatement costs related to property
maintenance violations and the multi-family housing inspection program, in the amounts listed for each
property in the Resolution.
Background
Over the past year, the Neighborhood Services Division of the Community Development Department has issued administrative citations, assessed inspection and re-inspection fees, and abated property maintenance violations (public nuisance conditions) on a number of properties. Several property owners, after appropriate notification, failed to correct the noted violations within the time specified. Consequently, these property owners were either fined and/or the City abated the violations. Other property owners failed to pay the Multi-Family Housing Inspection Program’s annual service fees. Although the property owners were sent invoices for the outstanding fines, fees and abatements, the The Finance Department has kept cost accounting records of the abatement costs, inspection and re- inspection fees, and unpaid administrative citation fines. The proposed Resolution authorizes the appropriate
assessments be added to the regular property tax bills to recover the costs of abatements, fees and
administrative citation fines as shown in the Cost Accounting Report (Exhibit “A” of Attachment “1”). A
copy of the Cost Accounting Report, notice of this Council Meeting agenda item, and this staff report has
been sent to the affected property owners.
Discussion
The Neighborhood Services Division used administrative citations and abatement action to correct violations of the Concord Municipal Code on some properties listed in the Cost Accounting Report, hereto attached as Exhibit “A.” The abatement actions and administrative citation fines took place after other attempts to have the property owner correct the violations had failed. The City paid the abatement costs. RECOVERY OF ADMINISTRATIVE CITATIONS, INSPECTION AND RE-
INSPECTION FEES, AND ABATEMENT COSTS
In the case of Multi-Family properties, the property owner received a bill for the annual service fee, and staff conducted inspections and re-inspections, and issued administrative citations. In an attempt to recover these costs each property owner was sent an invoice which has not been paid. The Neighborhood Services Division is requesting that the City Council approve the assessment of the costs shown in the Cost Accounting Report and direct Contra Costa County to assess the properties for these
amounts. This administrative procedure will result in the City being reimbursed by the County, negating the
need for the City to recover costs through further legal action.
Fiscal Impact
The City has incurred the costs shown on the Cost Accounting Report. Without property tax assessments, these costs are unlikely to be recovered voluntarily. The costs have been paid out of City funds.
Failure to pass the Resolution would result in the City being unable to recover the incurred costs.
Public Contact
Property
affected by this Resolution have been mailed a copy of the Council Meeting Agenda, this staff report, and attachments.
Recommendation for Action

Staff recommends that the City Council adopt Resolution No. 10-43 confirming the unpaid abatement costs, administrative citation fines, inspections and re-inspection fees as shown in the Cost Accounting Report (Exhibit “A”), and direct Contra Costa County Recorder’s Office to assess the property owners’ regular property tax bills for the amounts shown therein. Enclosures: Attachment 1: Resolution No. 10-43 with Cost Accounting Report (Exhibit “A”) BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Confirming the Neighborhood Services
Division’s Cost Accounting Report of Unpaid
Administrative Citation Fines, Inspection Fees, Re-
Inspection Fees and Abatement Costs
Resolution No. 10-43
WHEREAS, the City Council, after giving all public notices as required by law, held its
meeting on June 1, 2010, to consider assessments and penalties against properties in the City of Concord with unpaid administrative citation fees, inspection fees, re-inspection fees and abatement costs as reflected in the Cost Accounting Report (Exhibit “A”); and WHEREAS, pursuant to Concord Municipal Code Sections 62-37, 62-38, 114-37 and 114-38,
the Neighborhood Services Division staff is authorized to conduct inspections, re-inspections and abatements, issue administrative citations and to charge the property owner for all costs thus incurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES
RESOLVE AS FOLLOWS:
Section 1. Confirms the unpaid administrative citation fines, inspection fees, re-inspection
fees and abatement costs in the amounts listed for each property as of March 31, 2010, as reflected in the attached Cost Accounting Report (Exhibit “A”). Section 2. Directs the City Clerk to forward a certified copy of this Resolution to the
Auditor-Controller of Contra Costa County who shall cause the appropriate assessments to be added to the next regular tax bill levied against the appropriate real property for municipal purposes; said amounts shall be collected at the same time and manner as ordinary municipal taxes; a copy of this Resolution shall be recorded with the County Recorder’s Office. Section 3. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on June 1, 2010 by
ABSTAIN:
I HEREBY CERTIFY that the foregoing Resolution No. 10-43 was duly and regularly
adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City of APPROVED AS TO FORM:

EXHIBIT A
COST ACCOUNTING REPORT
Last Name
Property Address
As of 3-31-10
7,675.20
1,015.88
1,327.34
3,683.29
1,197.78
$4,715.82
1,088.56
1,833.52
1,420.66
1,683.38
1,916.66
2,435.40
1,091.58
1,394.84
120361010
1,870.70
1,228.52
1,580.70
1,414.82
4,722.77
2,963.44
2,899.52
1,121.72
2,542.54
3,891.64
1,564.56
5,774.80
EST. OF LINDA RIVERA C/O JESSE RIVERA2092 Revere Dr 19,548.93
2,730.60
1,179.78
1,267.52
4,117.76
1,407.12
2,257.58
1,584.34
2,702.56
130,180.59

Source: http://www.cityofconcord.org/pdf/citygov/agendas/council/2010/0601/3B.pdf