Agenda Item Wording:
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Authorization to allow the City of Visalia to place items contested during the June 5, 2023, public hearing on the Miscellaneous Special Assessments on the Tulare County secured property tax roll.
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Deadline for Action: 6/19/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Ruth Pena, 713-4327
Department Recommendation:
After holding a Public Hearing on June 5, 2023, it is recommended that two of the three contested items be placed on the Miscellaneous Special Assessments of the Tulare County secured property tax roll for collection.
Payments can be made by June 30, 2023 to avoid the assessment being placed on the tax roll.
Background Discussion:
In general, the current process of holding a public hearing for determining whether to place certain assessments, fines and delinquent costs on the tax roll is a limited process. The only issue to be determined by the Council is whether the assessment or fine is owed and the code procedure followed, not whether the assessment or fine was properly assessed in the first instance. In all cases, an administrative appeal hearing process has been provided to determine the substance of the issue, and there is no further appeal to the City Council.
Pursuant to Visalia Municipal Code Sections 15.44.040 and 8.40.060, administrative costs associated with overseeing the abatement of the conditions constituting a public nuisance (including the cost of inspections) may be assessed and made a lien on the real property where the public nuisance exists or existed.
The City has put in place an administrative enforcement procedure (Visalia Municipal Code Chapter 1.13) that allows property owners to appeal both the determination that a nuisance exists as well as the assessment of inspection fees through an administrative process, culminating in a hearing before an Administrative Hearing Officer, which results in a final Administrative Enforcement Order. Under this process, if the appellant disagrees with the Hearing Officer’s decision, the appellant has 90 days to appeal the decision to the Superior Court - there is no appeal to the City Council.
Only after all administrative and court appeals periods have expired is the City authorized to place unpaid fines and abatement fees (including inspection fees) on the Tulare County property tax roll for collection.
Following this process, the Finance Department presented the Council with a resolution on June 5, 2023, to place unpaid fees on the Tulare County property tax roll for collection. All of these fees are from cases for which the property owner has not appealed within the statutory time frame.
During the Public Hearing held on June 5, 2023, two individuals objected to three of the proposed tax roll assessments. Of the three contested items, two are being recommended to be placed on the Miscellaneous Special Assessments of the Tulare County secured property tax roll for collection and one has been resolved and placement on the tax roll is no longer necessary.
Recommended to Place on Tax Roll:
1. Property Owner: Dave Rampey
Property Address: 2445 S Hall Street
APN: 122-071-017
Lien Amount: $351.42
The Finance Department and Utility Billing have determined that the property at 2445 S Hall is still owned by Dave Rampey. Services were rendered at this property which gets charged to the property owner. If the property owner is deceased these charges will need to be paid before the property is sold. This typically happens during the close of escrow. Staff recommends placing the 2022 charges of $351.42 on the property taxes. Attachment 2 provides additional information on the details of the procedures that were followed.
2. Property Owner: Dave Rampey
Property Address: 2507 S Hall Street
APN: 122-071-018
Lien Amount: $255.16
The Finance Department and Utility Billing have determined that the property at 2507 S Hall is still owned by Dave Rampey. Services were rendered at this property which gets charged to the property owner. If the property owner is deceased these charges will need to be paid before the property is sold. This typically happens during the close of escrow. Staff recommends placing the 2022 charges of $255.16 on the property taxes. Attachment 3 provides additional information on the details of the procedures that were followed.
Not Recommended to Place on Tax Roll:
3. Property Owner: Alfred Barajas
Property Address: 1707 W Whitendale
APN: 122-320-015
Lien Amount: $12,300.00
The property owner submitted verification that the property is now in compliance per his compliance agreement with Code Enforcement. Fines and fees in the amount of $12,300.00 will be removed from the tax lien process. There is no attachment for this item.
Fiscal Impact:
Without placement on the Tax Roll, these charges for services are unlikely to be recovered.
Prior Council Action: City Council Public Hearing on June 5, 2023.
Other: N/A
Alternatives: Do not authorize the Finance Department to place parcel 122-071-017 and 122-071-018 on the Miscellaneous Special Assessment of the Tulare County secured tax roll.
Recommended Motion (and Alternative Motions if expected):
recommendation
Adoption of Resolution 2023-___ that allows the City of Visalia to place the assessment for parcels 122-071-017 and 122-071-018 on the miscellaneous assessments of the Tulare County secured tax roll for collection.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attachment 1: Resolution No. 2023- ; Attachment 2: 122-071-017 (2445 S Hall St); Attachment 3: 122-071-018 (2507 S Hall St)