Resolution 13151CITY OF ALAMEDA RESOLUTION NO 13151
CONFIRMING THE COSTS OF ABATEMENT ON PROPERTY
AT 1310 PACIFIC AVENUE, ALAMEDA, CALIFORNIA
AND IMPOSING A SPECIAL ASSESSMENT LIEN
WHEREAS, on March 17, 1999, the City Council adopted Resolution No. 13098
declaring the property at 1310 Pacific Avenue, Alameda, California ( "Property ") a public nuisance
and ordering the abatement of various violations of the Uniform Housing, Fire, Building and
Administrative Codes, the Alameda Municipal Code and the Health and Safety Code. The owner
of the Property is Harold LeRoy Haun ( "Owner "); and
WHEREAS, on August 13, 1999, the City obtained an Abatement Warrant from the
Alameda County Superior Court commanding the City to enter the Property to abate the public
nuisance as ordered in Resolution No. 13098. The Warrant was duly executed on August 24, 1999,
and the violations abated as ordered; and
WHEREAS, the City incurred costs and related administrative expenses of
enforcement and abatement in the amount of Twenty -Seven Thousand Five•Hundred Forty -Three
Dollars and Twenty-Two Cents ($27,543.22) to abate the public nuisance pursuant to Resolution No.
13098; and
WHEREAS, pursuant to Alameda Municipal Code Section 13- 9.4(b), on September
17, 1999, a statement of costs was served on the Owner of the Property. The Owner has failed to
pay the costs and on October 1, 1999, executed a written waiver of the 30 day billing period which
included the statement that he was unable to pay the abatement costs within the 30 days or at any
time thereafter; and
WHEREAS, a Notice of Hearing to Confirm Costs was duly served one Owner
October 6, 1999, a date at least ten days (10) prior to the date set for Hearing; and
WHEREAS, pursuant to Alameda Municipal Code Section 13- 9.4(c), on October
19, 1999, the City Council of the City of Alameda held a public hearing to consider the confirmation
of the costs of abatement of the public nuisance on the Property and to consider all protests; and
WHEREAS, on February 4, 1998, at a properly noticed public hearing, the City
Council of the City of Alameda confirmed costs for prior public nuisance abatement action on the
subject property and ordered that a Nuisance Abatement Lien be recorded against the property at
1310 Pacific Avenue for Abatement Costs that were completed pursuant to Resolution No 12685.
Said Nuisance Abatement Lien was to become payable in the event that the Owner of the Property
permitted similar nuisances on the property. Such condition did occur and resulted in the City
Council declaring the Property a Public Nuisance pursuant to Resolution No. 13098. Therefore, the
costs of both abatements are now incorporated into one lien and that combined lien shall be a
Special Assessment Lien.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda:
1. The prior February 4, 1998 Nuisance Abatement Lien shall be withdrawn
from the Property and that Nuisance Abatement Lien amount, including interest, shall be added to
and incorporated with the new additional costs of abatement on the Property located at 1310 Pacific
Avenue, City of Alameda, State of California; and
2. That the costs of abatement on the property located at 1310 Pacific Avenue,
City of Alameda, County of Alameda, State of California, in the amount of $27,543.22 are hereby
confirmed and shall be added to the abatement costs of the prior Nuisance Abatement Lien amount
of $120,809.48, plus 6% interest accruing since February 4, 1998 which is $12,392.64 and therefore,
the total costs of abatement on the Property are hereby confirmed in the amount of One Hundred
Sixty Thousand Six Hundred Twelve Dollars and Eight Cents ($160,612.08); and
3. That the total costs of abatement as confirmed by the City Council of Alameda
shall be imposed as a special assessment against the property; and
4. That, should the Owner Harold LeRoy Haun, fail to pay the total confirmed
costs within five (5) days after this Council confirmation of costs, the City Manager, or his designee,
shall prepare a Notice of Special Assessment and cause the same, with a copy of this Resolution to
be transmitted to the County Auditor, who shall place it on the County Assessment Roll, pursuant
to Government Code Section 38773.5, and who shall cause a copy to be recorded in the Office of
the Alameda County Recorder.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in regular meeting assembled on
the 19th day of October , 1999, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and a
20th day of October , 1999.
xed the o
cial seal of said City this
Diane Felsch, City Clerk
City of Alameda