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HomeMy WebLinkAbout2019-103 - Confirming the Costs and Expenditures IncumberedRESOLUTION NO. 2019-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS AND EXPENDITURES INCUMBERED BY THE CITY FOR WEED, RUBBISH, AND GARBAGE ABATEMENT WITHIN UNION PACIFIC RAILROAD COMPANY RIGHT OF WAY WITHIN THE CITY; AND, MAKING, CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Accumulation of trash, debris and the general lack of property maintenance on railroad properties have become increasingly noticeable to the community and are negatively impacting the health and welfare of the community and residents of the city. To abate the issues, the Code Enforcement Division properly posted and advised the property owner, Union Pacific Railroad Company, to clean their premises at the following locations: • 1000-1100 E. Chestnut Avenue; • 1200-1300 E. McFadden Avenue; • 3200-3300 S. Susan Street; • 3400 W. McArthur Boulevard; • 2516-2540 S. Orange Street; • 2541-2555 S. Main Street; • 2540-2700 S. Main Street; and, • 401-501 W. Dyer Road. B. After the prescribed compliance time had elapsed and compliance had not been obtained, the Code Enforcement Division, through the City Attorney's Office, requested and obtained inspection and abatement warrants from the Orange County Superior Court enabling the City to take necessary abatement measures to address private property maintenance issues within railroad right of way. C. On August 15, 2019, August 22, 2019, and September 5, 2019, in collaboration with the City's Quality of Life Team, the inspection and abatement warrants were executed. Resolution 2019-103 Page 1 of 4 D. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the Code Enforcement Division has submitted itemized reports of the costs associated with the execution of the three (3) inspection and abatement warrants totaling $41,513.72, which includes City staff time and City equipment expenditures. Copies of these reports are on file with the Clerk of the Council, attached as Exhibits 1, respectively, and incorporated by reference as though fully set forth herein. E. The City has given notice as required by law, that the 5t' day of November, 2019, at the hour of 5:45 p.m., or as soon as possible thereafter, is fixed as the time, and 22 Civic Center Plaza, Santa Ana, as the place, where any and all persons interested in said report may be heard. F. The City Council of the City of Santa Ana, at said time and place, received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Attachment 1 is hereby made and confirmed as an assessment against such lots or parcels, respectively. Said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. On September 25, 2019, the City provided the Union Pacific Railroad Company with an invoice seeking payment of the costs associated with the abatement actions, and hereby reserves the right to take any and all legal actions available to collect payment of any unpaid outstanding assessments, as necessary. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 5TH day of November , 2019. Resolution 2019-103 Page 2 of 4 APPROVED AS TO FORM: Sonia R. CWalho, City Attorney City Attorney AYES: Councilmembers Iglesias, Penaloza.Sarmiento, Solorio, Villegas (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Pulido (1) 'Ward 4 Representative Vacant CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, Resolution No. 2019-103 to be the original City of Santa Ana on November 5. 2019. do hereby attest to and certify the attached resolution adopted by the City Council of the � Daisy Gomez ` 7 Clerk of the Council City of Santa Ana Resolution 2019-103 Page 3 of 4 FOR EXHIBITS REFERENCE LASERFICHE Resolution 2019-103 Page 4 of 4 *VA :11-3Yi1 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMBERS Cecilia Iglesias David Penaloza Vicente Sarmlento Jose Solorlo CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.ora June 18, 2019 VIA CERTIFIED U.S. MAIL CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Mitre -Ramirez Lance M. Fritz, Chairman, President and Chief Executive Officer Union Pacific Railroad Anna nsnn nnnn s7n? r sPa 1400 Douglas Street, 19th Floor Omaha, NE 68179 Union Pacific Railroad c/o C. T. Corporation System, Agent for Service of Process Amanda Garcia Vivian Imperial Gladys Aguilera 818 W. 7th St. Suite 930 Los Angeles, CA 90017 7008 0500 0000 5707 6535 Subject: NOTICE TO CLEAN PREMISES within the City of Santa Ana, CA: - 1000-1100 E. Chestnut/South Santa Fe (Railroad X-ing # 761244J), train tracks facing south - 1200-1300 Block of E. McFadden Ave. (Railroad X-ing # 761245R); train tracks facing north As the property owner of record and responsible party, you are hereby notified that your above - listed properties are in violation of Article III of Chapter 16 of the Santa Ana Municipal Code (SAMC). Specifically, violations of SAMC Section 16-48, as depicted on the attached photos, were noted on June 18, 2019. Section 16-48 prohibits the presence of rubbish and garbage, among other items accumulated upon or in front of the property which may be dangerous or injurious to neighboring properties and negatively impact the health and welfare of residents in the community. Your immediate attention to these conditions is required. SANTA ANA CITY COUNCIL Mguel A. Pulido Juan Villages Vicente Samuento Oamd Penaio Jose Solon. vacant C.Nui Iglesias Mayor Mayor Pro Tem. Ward 5 Ward I Ward 2 Were 3 Ward 4 Wad 6 mouhd.0sama-ana.om VilleoaaMiednlaana.om mrmientabsanlaanaaro 9oena10 DsaMaanaora solarmcd)..ms-3naomcialestas0earta-ana one In accordance with SAMC Sections 16-49 and 16-50, notice requiring abatement of such conditions within seven (7) days will be posted on your property. As permitted by SAMC Section 16-49(b), this letter shall also serve to provide similar notice that you must IMMEDIATELY take action to eliminate all rubbish and garbage from your property. As the property owner, you are responsible for ensuring the general property maintenance and compliance with all provisions of the Santa Ana Municipal Code. A copy of Article III of Chapter 16 of the Santa Ana Municipal Code is attached for your reference. An Inspection of your properly will be conducted on or after July 2, 2019 to determine compliance with the Code. Failure to correct the indicated conditions will result in enforcement action against the property, which may include: (1) the City of Santa Ana may abate the conditions, and the cost thereof will be assessed against the land and become a lien thereon; (2) issuance of administrative fines in escalating amounts; (3) the filing of a civil lawsuit; (4) criminal citations; or (5) any combination thereof, in addition to any other remedies allowed by law. Any violation of Chapter 16 of the Santa Ana Municipal Code, constitutes a public nuisance pursuant to SAMC Section 16-60. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. We look forward to your cooperation in this matter and hope that enforcement action is not necessary. Sincerely, l Alejandro Rodriguez Code Enforcement Division City of Santa Ana, CA. (714) 667-2722 anunez(aSanta-ana.or cc: Alvaro Nunez, Code Enforcement Manager[Planning & Building Agency John Funk, Assistant City Attorney Ryan Hodge, Assistant City Attorney Lupe Valdez, Director Public Affairs Union Pacific Railroad — Southern California 13181 Crossroads Pkwy N., Unit 500 City of Industry, CA 91746 SANTA ANA CITY COUNCIL 7008 0500 0000 5707 6542 AF3.gA PA-]c J'd'v9y'A V•:,,,-idlTiywu Nn]Peralat3 ]c�d3 iwdr] I,.: 11 C.xll.d 19'� tdm M1laynf Po fan Wnp i Want Ward W3m3 w3ml Nmr99 iTO�litl�&Sd'133rd ]N1 ISdf1142^l]aia'13-30a ]-r06.11. did ]IJ ag29d562." Attachments: Notice to Clean Premises (posted copies) Property Maps Photos of Properties and Violations Santa Ana Municipal Code, Chapter 16, Article III SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Yilegas Ucente S.enlo David Penaloaa Jose solorio Vacant cdcdla Igle Mayor Mayor Pro Tem, Ward 5 Ward f Ward a Ward 3 Ward J Ward 6 moulmo0santa-ana.ora Ivilleaasfasantaanearg vaarmianip(dsanla-ana org doenaiozaAsanla-ana.an leoioriodlsanta-ana or dimesias(asanla NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 1000-1100 E. Chestnut/South Santa Fe (Railroad X-inq # 761244J) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before July 2, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted June 18, 2019 By Alejandro Rodriquez Code Enforcement Division PHONE: 714-667-2722 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 19881 SANTA ANA, CA. 92702 714-667-27801 www.santa-ana.org/pba U PHOTOLOG 1000-1100 E. Chestnut/South Santa Fe (Railroad X-ing 4 7612441) Train tracks facing south. Alejandro Rodriguez, Code Enforcement Officer June 18, 2019 Page 12 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at: 1200-1300 Block of E. McFadden Ave. (Railroad X-inq # 761245R) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article 111, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before July 2, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted June 18, 2019 By Alejandro Rodriquez Code Enforcement Division PHONE: 714-667-2722 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-2780 1 www.santa-ana.orq/pba PHOTOLOG 1200-1300 Block of E. McFadden Ave. (Railroad X-ing # 761245R) Train tracks 'Ihm 9 --------�v UNION PACIPC mri- U.P.R.R. IC MEN AVENUE M.P. 518 DOW 761245R north. Alejandro Rodriguez, Code Enforcement Officer June 18, 2019 Page I 1 T1410311614 1200-1300 Block of E. McFadden Ave. (Railroad # 761245R) Train tracks facing north. Alejandro Rodriguez, Code Enforcement Officer June 18, 2019 Page 12 wk SANTA ANA MUNICIPAL CODE ARTICLE III. -GARBAGE, RUBBISH AND WEED CONTROL Sec. 16-46. - Short title. This article shall be known and may be cited as the "Garbage, Rubbish and Weed Control Ordinance" of the city. (Code 1952, § 3840; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71) Sec. 16-47. - Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context indicates that a different meaning is intended: Brush. Branches of trees sheared therefrom, a thicket of shrubs, or bushes. City finance director. The executive director of the finance and management services of the city or his or her designated representative. City public works director. The executive director of the public works agency of the city or his or her designated representative. Garbage. Accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable. Lot. Any lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining said lot, parcel, tract or piece of land; and the parkways, or areas lying between the curbline and the street line of said adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists. Noxious growth. Weeds, vines or brush which bear seeds of a wingy or downy nature, or which attain a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community. Private premises. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other structure. Public place. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public squares, spaces, grounds and buildings. Rubbish. Scrap metals, junk, disassembled parts of automobiles or machinery, construction or demolition materials, debris, litter, paper, cardboard, metal cans, glass, cut brush, dead trees, tree limbs and similar materials. Street line. The boundary line between a public street right-of-way and an abutting lot or parcel of land, or between a private street open to public use and an abutting lot or parcel of land. (Code 1952, § 3841; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-2300, § 1, 9-3-96) Editor's note— The editors arranged the definitions alphabetically, to facilitate reference and use. Sec. 16-48. - Noxious growths, rubbish, garbage prohibited; prima facie evidence. SANTA ANA MUNICIPAL CODE No person owning, managing or having control or charge or occupancy of any lot or private premises, shall: (1) Allow noxious growths or growths otherwise dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises; (2) Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises; (3) Suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of six inches (6") above the grade in the area of growth; (4) Cause or permit rubbish or garbage to be placed or to exist upon such lot or private property It is the duty of every such person to prevent such growth or existence. To establish a prima facie violation of this section, it shall not be necessary to establish any facts except that the accused person owned, managed, or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. (Code 1952, § 3842; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71) Sec. 16-49. - Order and notice requiring removal of noxious growths, rubbish, garbage —Time limit; posting, mailing. (a) If and when it shall appear that noxious growths, rubbish or garbage have been placed upon or in front of private property in violation of any of the provisions of this article or of any other provisions of this Code, the city public works director may, by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush, rubbish or garbage must be removed within seven (7) days from and after the date of such posting. Such notices shall be conspicuously posted on or in front of the property on or in front of which the condition exists, as follows: (1) One (1) notice shall be posted on or in front of each separately owned parcel; (2) Not more than two (2) notices shall be posted to any parcel of fifty (50) to one hundred (100) feet frontage; (3) Notices shall be placed at intervals of not more than one hundred (100) feet, if the frontage of a parcel is greater than one hundred (100) feet, with one (1) notice for each one hundred (100) feet of frontage. (b) In addition to posting such notices, the city public works director may send a similar notice to the owner of the subject property as shown upon any city record, or upon the last equalized tax roll, by depositing such notice in the United States mail; but the failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this article. Such notice shall be mailed not less than twenty (20) days prior to the date set for a hearing upon objections. (Code 1952, § 3842.1; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1476, § 1, 3-12-79; Ord. No. NS-2300, § 2, 9-3-96) Sec. 16-50. - Same —Form of notice. The headings of the notices required by section 16-49 shall be in letters approximately one inch in height. Said notices shall be in substantially the following form: "NOTICE TO CLEAN PREMISES SANTA ANA MUNICIPAL CODE "NOTICE IS HEREBY GIVEN to the owner, manager, occupant or persons having charge or control of the property located at (describe property, e.g., address, assessor's parcel number, physical description) that the condition(s) of (describe violation(s)) exists upon the property which is/are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. "The said condition(s) must be abated on or before 19_. If not abated on or before said date, the City of Santa Ana may abate the condition or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. "Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, Santa Ana, California, not later than the date for abatement set forth hereinabove." (Code 1952, § 3842.2; Ord. No. NS-880, § 1, 6-6-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1235, § 40, 12-9-74; Ord. No. NS-1476, § 2, 3-12-79) Sec. 16-51. - Hearing. If the clerk of the council receives any appeals from the notice specified in section 16-50, the clerk shall set such appeals for public hearing by the city council and shall send written notices of such public hearing to all persons filing such appeals. At the time and place stated in the notices, the city council shall hear and consider all objections to the proposed abatement work. At the conclusion of the hearing, the council shall allow or overrule any objections. (Ord. No. NS-2300, § 3, 9-3-96) Editor's note— Prior to the reenactment of § 16-51 by Ord. No. NS-2300, Ord. No. NS-1235, § 41, enacted Dec. 9, 1974, had repealed § 16-51, which had pertained to hearings and had derived from Code 1952, § 3842.3 and Ord. No. NS-880, § 1, adopted June 5, 1967. Sec. 16-52. - Abatement order —From council. At the conclusion of said hearing, the council may order the city public works director to abate said nuisance by entering upon private property to abate and remove the same. (Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 42, 12-9-74; Ord. No. NS-2300, § 4, 9-3-96) Sec. 16-53. - Same —Service. The city public works director shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of mailing, said officer will abate the same and will, if necessary, enter upon or into the private property of said person without further notice or liability therefor in order to abate said nuisance. SANTA ANA MUNICIPAL CODE (Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 5, 9-3-96) Sec. 16-54. - Abatement action by city. The city public works director may cause the city's nuisance abatement work force or contractor to enter upon any private property and abate any nuisance found thereon, or in front thereof, provided ten (10) days notice to abate such nuisance shall have been posted or mailed as required by this article, the time allowed by such notice shall have expired, and no person shall have filed a written statement of objections as herein provided within ten (10) days after posting or mailing; in the event objections shall have been duly filed, and overruled by the city council, the city public works director may cause the city's nuisance abatement work force or contractor to enter upon any such private property and, in accordance with the order of the city, abate the nuisance found thereon, or in front thereof. (Code 1952, § 3842.6; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 43, 12-9-74; Ord. No. NS-2300, § 6, 9-3-96) Sec. 16-55. - Cost of abatement. (a) The city public works director shall keep a separate account of the cost of abatement in front of or on each individual lot or parcel of land where abatement work is done. He shall submit to the city manager for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three (3) days prior to its submission to the city council on or near the council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the city council may hear the matter or refer it to the hearing officer under the provisions of Chapter 3 of this Code. (b) The city council may, by resolution, establish a standard administrative fee for parcels requiring nuisance abatement work by the city's nuisance abatement work force or contractor. Such fee shall be in addition to the direct cost of the abatement work and shall be in an amount reasonably determined to cover such costs as posting, inspection, contractor supervision, and the like. (c) The city council may, by resolution, also establish a standard charge for additional administrative costs for parcels requiring more than one (1) notice of abatement in any twelve-month period. (Code 1952, § 3842.7; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 44, 12-9-74; Ord. No. NS-2300, § 7, 9-3-96) State Law reference— For authority to abate nuisances, see § 38773, Gov. Code. Sec. 16-56. - Receiving, receipting and billing for cost to city. The city finance director shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report. The city finance director may bill the owner of record directly at any time he shall desire. (Code 1952, § 3842.10; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 8, 9-3-96) Sec. 16-57. - Special assessments —Lien. The cost of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed, it is a lien on the lot or parcel. SANTA ANA MUNICIPAL CODE (Code 1952, § 3842.8; Ord. No. NS-880, § 1, 6-5-67) Sec. 16-58. - Same —Collection procedure. After confirmation of a report, a certified copy of the same shall be filed with the county auditor on or before August 10th of each year. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection, and enforcement of county taxes shall apply to such special assessment taxes. (Code 1952, § 3842.9; Ord. No. NS-880, § 1, 6-5-67) Sec. 16-59. - Same —Correction of error. (a) Any assessment erroneously made may be cancelled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure: (1) A claim of error may be filed with the clerk of the council at any time before the expiration of one year following April 10th of the tax year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the clerk of the council, and shall be verified; (2) Any claim filed shall be forwarded to the city public works director for review and report to the city finance director. If the city public works director shall determine that such assessment was erroneously made, in whole or in part, the city finance director shall request the county board of supervisors to direct the county auditor -controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the city finance director shall be authority for the auditor -controller so to correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person who paid the same, by the city finance director. In lieu of proof otherwise, the city finance director may presume that the persons to whom the abatement cost was assessed were the persons who paid the same; (3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty (60) days after the filing of the same, or whose claim is denied, in whole or in part in writing, by the city finance director, may, within ten (10) days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the city council pursuant to Chapter 3 of the Santa Ana Municipal Code; (4) If the city council shall find the disputed assessment to be erroneous in whole or in part it may direct the city finance director to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds; (5) Not later than thirty (30) days after the correction of any assessment or refund of any monies hereinunder, except by direction of the city council, the city finance director shall transmit to the city council a report of such action, together with the report of the city public works director. (b) Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by section 16-55, relating to the work for which such erroneous assessment was levied, may be prepared by the officer who SANTA ANA MUNICIPAL CODE prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment roll. In all other respects, sections 16-56 through 16-58 shall apply to such corrected assessments, except that the time for doing all things herein specified shall relate from the date of confirmation of the corrected assessment. (Code 1952, § 3842.11; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 2, 12-9-74; Ord. No. NS-2300, § 9, 9-3-96) Sec. 16-60. - Violation a public nuisance; remedies. Violation of this article is declared to be a public nuisance which may be abated as provided in part 3 of division 4 of the civil code of the state and in chapter 2 of title X of part 2 of the code of civil procedure of the state, which remedy shall be in addition to any other remedy provided in this article or by state law, including section 372 of the penal code of the state. (Code 1952, § 3843; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 10, 9-3-96) Secs. 16-61-16-109. - Reserved. MAYOR Miguel A Pulido MAYOR PRO TEM Juan Ullegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Vicente Sam iento Jose Solaria CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 w.vvv.santa-ana.oro July 22, 2019 VIA CERTIFIED U.S. MAIL Lance M. Fritz, Chairman, President and Chief Executive Officer Union Pacific Railroad 1400 Douglas Street, 19th Floor Omaha, NE 68179 Union Pacific Railroad c/o C. T. Corporation System, Agent for Service of Process Amanda Garcia Vivian Imperial Gladys Aguilera 818 W. 7th St. Suite 930 Los Angeles, CA 90017 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Milre-Ramirez Subject: NOTICE TO CLEAN PREMISES within the City of Santa Ana, CA: 3200-3300 S. Susan Street (Railroad X-ing # 761672F), train tracks facing West. - 3400 W. MacArthur Boulevard (Railroad X-ing # 761664N); train tracks facing north. As the property owner of record and responsible party, you are hereby notified that your above - listed properties are in violation of Article III of Chapter 16 of the Santa Ana Municipal Code (SAMC). Specifically, violations of SAMC Section 16-48, as depicted on the attached photos, were noted on July 19, 2019. Section 16-48 prohibits the presence of rubbish and garbage, among other items accumulated upon or in front of the property which may be dangerous or injurious to neighboring properties and negatively impact the health and welfare of residents in the community. Your immediate attention to these conditions is required. SANTA ANA CITY COUNCIL Miguel A Putido Juan Yllegas Vicente Sarmienlo David Penaloza Jos. Solon. vacant cenlia Iglevac Mayor klayor Pro Tam, Ward 5 Ward Wards Ward! 3 1VaM4 Ward E to anla-ana mo bil1eoas1&5ama-anaana or sclanci&sanla-ana om onlesmsi5sama ana.dm In accordance with SAMC Sections 16-49 and 16-50, notice requiring abatement of such conditions within seven (7) days will be posted on your property. As permitted by SAMC Section 16-49(b), this letter shall also serve to provide similar notice that you must IMMEDIATELY take action to eliminate all rubbish and garbage from your property. As the property owner, you are responsible for ensuring the general property maintenance and compliance with all provisions of the Santa Ana Municipal Code. A copy of Article III of Chapter 16 of the Santa Ana Municipal Code is attached for your reference. An inspection of your property will be conducted on or after August 5, 2019 to determine compliance with the Code. Failure to correct the indicated conditions will result in enforcement action against the property, which may include: (1) the City of Santa Ana may abate the conditions, and the cost thereof will be assessed against the land and become alien thereon; (2) issuance of administrative fines in escalating amounts; (3) the filing of a civil lawsuit; (4) criminal citations; or (5) any combination thereof, in addition to any other remedies allowed by law. Any violation of Chapter 16 of the Santa Ana Municipal Code, constitutes a public nuisance pursuant to SAMC Section 16-60. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. We look forward to your cooperation in this matter and hope that enforcement action is not necessary. Sincerely, Alejandro Rodriguez Code Enforcement Division City of Santa Ana, CA. (714)667-2722 anunez(@,santa-ana.org cc: Alvaro Nunez, Code Enforcement Manager/Planning & Building Agency John Funk, Assistant City Attorney Ryan Hodge, Assistant City Attorney Lupe Valdez, Director Public Affairs Union Pacific Railroad — Southern California 13181 Crossroads Pkwy N., Unit 500 City of Industry, CA 91746 SANTA ANA CITY COUNCIL Mguel A Pulidu Juan Vllagas Vicente Samuanlo D ,d Ponaloca Jose Sotonn vacant Ce06a Igle Mayor 6layar Poo Ten. Ward 5 Went 1 Want g Ware ] Ward ) Ward 6 I c n cvaysarlAenlP$Isanta-one or doeratoZal6isanta2na en sdeiogiis.ota-ana to nul=salt@saute" Terry Morris Manager of Public Union Pacific Railroad 10031 Foothills Blvd Roseville CA. 95747 Attachments: Notice to Clean Premises (posted copies) Property Maps Photos of Properties and Violations Santa Ana Municipal Code, Chapter 16, Article III SANTA ANA CITY COUNCIL MIguW A Pulido Juan Villagas Ycanta sanniantn Igamd PanWnaa Jose SWano Vacant Cache Igle Maya Maya Pro Tem, Ward 5 Ward Ward Ward Ward Wards (nnI11dn1/Q13dnid-dnd dn(0y5drm.12nI01(LSdnld-dna MO dnendln:dlil5antd-dna nr] rSnlnndASdnla-dn3 nre cngaa1aS,Ssant•' The attached document was mailed via Certified and First Class U.S. Mail as follows: Lance IvL Fritz, Chairman, President and Chief Executive Officer Union Pacific Railroad 1400 Douglas Street,l9th Floor Omaha, NE 68179 Lupe Valdez. Director Public Affairs Union Pacific Railroad — Southern Califirmia 13181 Crossroads Pkwy N.. Unit 500 City of Industry. CA 91746 Union Pacific Railroad c/o C. T. Corporation System, Agent for Service of Process Amanda Garcia, Vivian Imperial, Gladys Aguilera 818 W. 7th St Suite 930 Los Angeles, CA 90017 Terr Morris Manager of Public Union Pacific Railroad 10031 Foothills Blvd Roseville CA 95747 7008 0500 0000 5707 6733 7008 0500 0000 5707 6726 7008 0500 0000 5707 L719 7008 0500 0000 5707 6740 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at: 3200-3300 S. Susan Street (Railroad X-ing # 761672F) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before August 05, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted July 19, 2019 By Alejandro Rodriquez Code Enforcement Division PHONE: 714-667.2722 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-27801 www.santa-ana.org/pba PHOTOLOG 3200-3300 S. Susan St. (Railroad X-ing 761672F) Train tracks facing west. Alejandro Rodriguez, Code Enforcement Officer July 19, 2019 Page 11 PHOTOLOG 3200-3300 S. Susan St. (Railroad X-ing 761672F) Train tracks facing west. pie Alejandro Rodriguez, Code Enforcement Officer July 19, 2019 Page 12 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at: 3400 W. MacArthur Boulevard (Railroad X-inq # 761664N) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before August 05, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted July 19, 2019 By Alejandro Rodriquez Code Enforcement Division PHONE: 714-667-2722 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-27801 www.santa-ana.org/pba PHOTOLOG Alejandro Rodriguez, Code Enforcement Officer July 19, 2019 Page 11 PHOTOLOG 3400 W. MacArthur Blvd. (Railroad X-ins 761664N) Train tracks facing north. -'1 IT Y - - Alejandro Rodriguez, Code Enforcement Officer July 19, 2019 Page 12 PHOTOLOG Alejandro Rodriguez, Code Enforcement Officer July 19, 2019 Page I 1 PHOTOLOG Susan St. to MacArthur Blvd viewed from 3341 W. MacArthur Blvd. Alejandro Rodriguez, Code Enforcement Officer July 19, 2019 Page 12 PHOTOLOG SL i1 i Alejandro Rodriguez, Code Enforcement Officer July 19, 2019 Page 13 PHOTOLOG Susan St. to MacArthur Blvd. Train tracks viewed from 3341 W. MacArthur Blvd. Alejandro Rodriguez, Code Enforcement Officer July 19, 2019 Page 14 SANTA ANA MUNICIPAL CODE ARTICLE III. - GARBAGE, RUBBISH AND WEED CONTROL Sec. 16-46. - Short title. This article shall be known and may be cited as the "Garbage, Rubbish and Weed Control Ordinance" of the city. (Code 1952, § 3840; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71) Sec. 16-47. - Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context indicates that a different meaning is intended: Brush. Branches of trees sheared therefrom, a thicket of shrubs, or bushes. City finance director. The executive director of the finance and management services of the city or his or her designated representative. City public works director. The executive director of the public works agency of the city or his or her designated representative. Garbage. Accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable. Lot. Any lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining said lot, parcel, tract or piece of land; and the parkways, or areas lying between the curbline and the street line of said adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists. Noxious growth. Weeds, vines or brush which bear seeds of a wingy or downy nature, or which attain a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community. Private premises. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other structure. Public place. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public squares, spaces, grounds and buildings. Rubbish. Scrap metals, junk, disassembled parts of automobiles or machinery, construction or demolition materials, debris, litter, paper, cardboard, metal cans, glass, cut brush, dead trees, tree limbs and similar materials. Street line. The boundary line between a public street right-of-way and an abutting lot or parcel of land, or between a private street open to public use and an abutting lot or parcel of land. (Code 1952, § 3841; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-2300, § 1, 9-3-96) Editor's note— The editors arranged the definitions alphabetically, to facilitate reference and use. Sec. 16-48. - Noxious growths, rubbish, garbage prohibited; prima facie evidence. SANTA ANA MUNICIPAL CODE No person owning, managing or having control or charge or occupancy of any lot or private premises, shall: (1) Allow noxious growths or growths otherwise dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises; (2) Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises; (3) Suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of six inches (6) above the grade in the area of growth; (4) Cause or permit rubbish or garbage to be placed or to exist upon such lot or private property. It is the duty of every such person to prevent such growth or existence. To establish a prima facie violation of this section, it shall not be necessary to establish any facts except that the accused person owned, managed, or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. (Code 1952, § 3842; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71) Sec. 16-49. - Order and notice requiring removal of noxious growths, rubbish, garbage —Time limit; posting, mailing. (a) If and when it shall appear that noxious growths, rubbish or garbage have been placed upon or in front of private property in violation of any of the provisions of this article or of any other provisions of this Code, the city public works director may, by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush, rubbish or garbage must be removed within seven (7) days from and after the date of such posting. Such notices shall be conspicuously posted on or in front of the property on or in front of which the condition exists, as follows: (1) One (1) notice shall be posted on or in front of each separately owned parcel; (2) Not more than two (2) notices shall be posted to any parcel of fifty (50) to one hundred (100) feet frontage; (3) Notices shall be placed at intervals of not more than one hundred (100) feet, if the frontage of a parcel is greater than one hundred (100) feet, with one (1) notice for each one hundred (100) feet of frontage. (b) In addition to posting such notices, the city public works director may send a similar notice to the owner of the subject property as shown upon any city record, or upon the last equalized tax roll, by depositing such notice in the United States mail; but the failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this article. Such notice shall be mailed not less than twenty (20) days prior to the date set for a hearing upon objections. (Code 1952, § 3842.1; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1476, § 1, 3-12-79; Ord. No. NS-2300, § 2, 9-3-96) Sec. 16-50. - Same —Form of notice. The headings of the notices required by section 16-49 shall be in letters approximately one inch in height. Said notices shall be in substantially the following form: "NOTICE TO CLEAN PREMISES SANTA ANA MUNICIPAL CODE "NOTICE IS HEREBY GIVEN to the owner, manager, occupant or persons having charge or control of the property located at (describe property, e.g., address, assessor's parcel number, physical description) that the condition(s) of (describe violation(s)) exists upon the property which is/are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. "The said condition(s) must be abated on or before , 19_. If not abated on or before said date, the City of Santa Ana may abate the condition or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. "Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, Santa Ana, California, not later than the date for abatement set forth hereinabove." (Code 1952, § 3842.2; Ord. No. NS-880, § 1, 6-6-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1235, § 40, 12-9-74; Ord. No. NS-1476, § 2, 3-12-79) Sec. 16-51. - Hearing If the clerk of the council receives any appeals from the notice specified in section 16-50, the clerk shall set such appeals for public hearing by the city council and shall send written notices of such public hearing to all persons filing such appeals. At the time and place stated in the notices, the city council shall hear and consider all objections to the proposed abatement work. At the conclusion of the hearing, the council shall allow or overrule any objections. (Ord. No. NS-2300, § 3, 9-3-96) Editor's note— Prior to the reenactment of § 16-51 by Ord. No. NS-2300, Ord. No. NS-1235, § 41, enacted Dec. 9, 1974, had repealed § 16-51, which had pertained to hearings and had derived from Code 1952, § 3842.3 and Ord. No. NS-880, § 1, adopted June 5, 1967. Sec. 16-52. - Abatement order —From council At the conclusion of said hearing, the council may order the city public works director to abate said nuisance by entering upon private property to abate and remove the same. (Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 42, 12-9-74; Ord. No NS-2300, § 4, 9-3-96) Sec. 16-53. - Same —Service. The city public works director shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of mailing, said officer will abate the same and will, if necessary, enter upon or into the private property of said person without further notice or liability therefor in order to abate said nuisance. SANTA ANA MUNICIPAL CODE (Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 5, 9-3-96) Sec. 16-54. - Abatement action by city. The city public works director may cause the city's nuisance abatement work force or contractor to enter upon any private property and abate any nuisance found thereon, or in front thereof, provided ten (10) days notice to abate such nuisance shall have been posted or mailed as required by this article, the time allowed by such notice shall have expired, and no person shall have filed a written statement of objections as herein provided within ten (10) days after posting or mailing; in the event objections shall have been duly filed, and overruled by the city council, the city public works director may cause the city's nuisance abatement work force or contractor to enter upon any such private property and, in accordance with the order of the city, abate the nuisance found thereon, or in front thereof. (Code 1952, § 3842.6; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 43, 12-9-74; Ord. No. NS-2300, § 6, 9-3-96) Sec. 16-55. - Cost of abatement. (a) The city public works director shall keep a separate account of the cost of abatement in front of or on each individual lot or parcel of land where abatement work is done. He shall submit to the city manager for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three (3) days prior to its submission to the city council on or near the council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the city council may hear the matter or refer it to the hearing officer under the provisions of Chapter 3 of this Code. (b) The city council may, by resolution, establish a standard administrative fee for parcels requiring nuisance abatement work by the city's nuisance abatement work force or contractor. Such fee shall be in addition to the direct cost of the abatement work and shall be in an amount reasonably determined to cover such costs as posting, inspection, contractor supervision, and the like. (c) The city council may, by resolution, also establish a standard charge for additional administrative costs for parcels requiring more than one (1) notice of abatement in any twelve-month period. (Code 1952, § 3842.7; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 44, 12-9-74; Ord. No. NS-2300, § 7, 9-3-96) State Law reference— For authority to abate nuisances, see § 38773, Gov. Code. Sec. 16-56. - Receiving, receipting and billing for cost to city. The city finance director shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report. The city finance director may bill the owner of record directly at any time he shall desire. (Code 1952, § 3842.10; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 8, 9-3-96) Sec. 16-57. - Special assessments —Lien. The cost of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed, it is a lien on the lot or parcel. SANTA ANA MUNICIPAL CODE (Code 1952, § 3842.8; Ord. No. NS-880, § 1, 6-5-67) Sec. 16-58. - Same —Collection procedure After confirmation of a report, a certified copy of the same shall be filed with the county auditor on or before August 10th of each year. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection, and enforcement of county taxes shall apply to such special assessment taxes. (Code 1952, § 3842.9; Ord. No. NS-880, § 1, 6-5-67) Sec. 16-59. - Same —Correction of error. (a) Any assessment erroneously made may be cancelled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure: (1) A claim of error may be filed with the clerk of the council at any time before the expiration of one year following April 10th of the tax year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the clerk of the council, and shall be verified; (2) Any claim filed shall be forwarded to the city public works director for review and report to the city finance director. If the city public works director shall determine that such assessment was erroneously made, in whole or in part, the city finance director shall request the county board of supervisors to direct the county auditor -controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the city finance director shall be authority for the auditor -controller so to correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person who paid the same, by the city finance director. In lieu of proof otherwise, the city finance director may presume that the persons to whom the abatement cost was assessed were the persons who paid the same; (3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty (60) days after the filing of the same, or whose claim is denied, in whole or in part in writing, by the city finance director, may, within ten (10) days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the city council pursuant to Chapter 3 of the Santa Ana Municipal Code; (4) If the city council shall find the disputed assessment to be erroneous in whole or in part it may direct the city finance director to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds; (5) Not later than thirty (30) days after the correction of any assessment or refund of any monies hereinunder, except by direction of the city council, the city finance director shall transmit to the city council a report of such action, together with the report of the city public works director. (b) Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by section 16-55, relating to the work for which such erroneous assessment was levied, may be prepared by the officer who SANTA ANA MUNICIPAL CODE prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it is proposed to assess such cast against such lot or parcel. A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment roll. In all other respects, sections 16-56 through 16-58 shall apply to such corrected assessments, except that the time for doing all things herein specified shall relate from the date of confirmation of the corrected assessment. (Code 1952, § 3842.11; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 2, 12-9-74; Ord. No. NS-2300, § 9, 9-3-96) Sec. 16-60. -Violation a public nuisance; remedies Violation of this article is declared to be a public nuisance which may be abated as provided in part 3 of division 4 of the civil code of the state and in chapter 2 of title X of part 2 of the code of civil procedure of the state, which remedy shall be in addition to any other remedy provided in this article or by state law, including section 372 of the penal code of the state. (Code 1952, § 3843; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 10, 9-3-96) Secs. 16-61-16-109. - Reserved. *:I:I1-3111111110 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Vlllegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Vicente Sarmiento Jose Solorio CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.ora June 25, 2019 VIA CERTIFIED U.S. MAIL Lance M. Fritz, Chairman, President and Chief Executive Officer Union Pacific Railroad 1400 Douglas Street, 19th Floor Omaha, NE 68179 Union Pacific Railroad c/o C. T. Corporation System, Agent for Service of Process Amanda Garcia Vivian Imperial Gladys Aguilera 818 W. 7th St. Suite 930 Los Angeles, CA 90017 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Mitre -Ramirez Subject: NOTICE TO CLEAN PREMISES within the City of Santa Ana, CA: - 2516-2540 S. Orange St. (Railroad X-ing # 76125213), train tracks facing south west. - 2541-2555 S. Main (Railroad X-ing # 7612531T); train tracks facing north east. As the property owner of record and responsible party, you are hereby notified that your above - listed properties are in violation of Article III of Chapter 16 of the Santa Ana Municipal Code (SAMC). Specifically, violations of SAMC Section 16-48, as depicted on the attached photos, were noted on June 25, 2019. Section 16-48 prohibits the presence of rubbish and garbage, among other items accumulated upon or in front of the property which may be dangerous or injurious to neighboring properties and negatively impact the health and welfare of residents in the community. Your immediate attention to these conditions is required. SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Villages Vicanle Sarmiento David Penaloza Jose Scipio vacarn Cecilia Iglesias Mayor Mayor No Tam. Ward 5 Ward 1 Ward 2 Ward 3 Ward 4 Ward 6 mnulidoOsanla-ana.om ivillero s0santa-ana.orc vsarmientorMsanta-ana.ora doenal.u0santaana.oro isolodo@sanle-ana.om cinlesiasiaasanta-ana.orc In accordance with SAMC Sections 16-49 and 16-50, notice requiring abatement of such conditions within seven (7) days will be posted on your property. As permitted by SAMC Section 16-49(b), this letter shall also serve to provide similar notice that you must IMMEDIATELY take action to eliminate all rubbish and garbage from your property. As the property owner, you are responsible for ensuring the general property maintenance and compliance with all provisions of the Santa Ana Municipal Code. A copy of Article III of Chapter 16 of the Santa Ana Municipal Code is attached for your reference. An inspection of your property will be conducted on or after July 10, 2019 to determine compliance with the Code. Failure to correct the indicated conditions will result in enforcement action against the property, which may include: (1) the City of Santa Ana may abate the conditions, and the cost thereof will be assessed against the land and become a lien thereon; (2) issuance of administrative fines in escalating amounts; (3) the filing of a civil lawsuit; (4) criminal citations; or (5) any combination thereof, in addition to any other remedies allowed by law. Any violation of Chapter 16 of the Santa Ana Municipal Code, constitutes a public nuisance pursuant to SAMC Section 16-60. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. We look forward to your cooperation in this matter and hope that enforcement action is not necessary. Sincerely I Alejandro Rodriguez Code Enforcement Division City of Santa Ana, CA. (714)667-2722 aodriguez 10(&santa-ana. or¢ cc: Alvaro Nunez, Code Enforcement Manager/Planning & Building Agency John Funk, Assistant City Attorney Ryan Hodge, Assistant City Attorney Lupe Valdez, Director Public Affairs Union Pacific Railroad — Southern California 13181 Crossroads Pkwy N., Unit 500 City of Industry, CA 91746 SANTA ANA CITY COUNCIL Migual A. Pulido Juan Yllegas Mcenle sannienlo OayW Penalua Jose solodo Vacanl Cedlla Igle Mayor Mayor Pro Tem. Ward 5 Wad 1 Ward 2 Wad 3 Ward A Wad 6 moulidoMlsanlaanaora iAeoas(alsanlaana.aro v moolento0sarta-ana.ora doenalorafalsanlaana ora jsolorio/olsanla-ana oro oolesas(alsanl� Attachments: Notice to Clean Premises (posted copies) Property Maps Photos of Properties and Violations Santa Ana Municipal Code, Chapter 16, Article III SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Villages Ycente Samnienlo Davd Penalow Jose Solaro Vacant Cecilia Igle Maya, Mayor Pru Tem. WSW 5 WSW Wand WSW WSW Waml6 moulieofalsantaana.om Willaassfsamaana.om vsamuentaftanta-ana.aro aoenaloza(alsantaana oro Isdamo(dsema-anama ciolesiaSRtn;SN The attached document was mailed via Certified and First Class U.S. Mail as follows: Lance M. Fritz, Chairman_ President and Chief Executive Officer Union Pacific Rmlmad 1400 Douglas Street, 19th Floor Omaha, NE 68179 Union Pacific Railroad c/o C. T. Corporation System, Agent for Service of Process Amanda Garcia, Vivian Imperial, Gladys Aguilera 818 W. 7th St Suite 930 Los Angeles, CA 90017 7008 0500 0000 5707 6580 7008 0500 0000 5707 6603 Lope Valdez Director Public Affairs Union Pacific Railroad— Southern California 7008 0500 0000 5707 6597 13181 Crossroads Pkwy N., Unit 500 City of Industry, CA 91746 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 2516-2540 S. Orange St. (Railroad X-ing # 761252B) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article 111, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before July 10, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted June 25, 2019 By Alejandro Rodriquez Code Enforcement Division PHONE: 714-667-2722 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 19881 SANTA ANA, CA. 92702 714-667-27801 www.santa-ana.org/pba PHOTOLOG 2516-2540 S. Orange St. (Railroad X-ing # 761252B) Train tracks facing south west. Alejandro Rodriguez, Code Enforcement Officer June 25, 2019 Page I 1 1XIII(IMOICI 2516-2540 S. Orange St. (Railroad X-ing # 761252B) Train tracks facing south west. '&L- Alejandro Rodriguez, Code Enforcement Officer June 25, 2019 Page 12 PHOTOLOG 2516-2540 S. Orange St. (Railroad X-ing k 76125213) Train tracks facing south west. FRNATE PRO Alejandro Rodriguez, Code Enforcement Officer June 25, 2019 Page 13 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at: 2541-2555 S. Main. (Railroad X-ing # 761253H) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before July 10, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted June 25, 2019 By Alejandro Rodriquez Code Enforcement Division PHONE: 714.667-2722 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-27801 www.santa-ana.org/pba PHOTOLOG 2541-2555 S. Main St. (Railroad X-ing # 761 4 north east. Alejandro Rodriguez, Code Enforcement Officer June 25, 2019 Page 11 PHOTOLOG 2541-2555 S. Main St. (Railroad X-ing # 761253H) Train tracks facing north east. FPRI�AT � PROPERTY Ia i Alejandro Rodriguez, Code Enforcement Officer June 25, 2019 Page 12 SANTA ANA MUNICIPAL CODE ARTICLE III. - GARBAGE, RUBBISH AND WEED CONTROL Sec. 16-46. - Short title. This article shall be known and may be cited as the "Garbage, Rubbish and Weed Control Ordinance" of the city. (Code 1952, § 3840; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71) Sec. 16-47. - Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context indicates that a different meaning is intended: Brush. Branches of trees sheared therefrom, a thicket of shrubs, or bushes. City finance director. The executive director of the finance and management services of the city or his or her designated representative. City public works director. The executive director of the public works agency of the city or his or her designated representative. Garbage. Accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable. Lot. Any lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining said lot, parcel, tract or piece of land; and the parkways, or areas lying between the curbline and the street line of said adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists. Noxious growth. Weeds, vines or brush which bear seeds of a wingy or downy nature, or which attain a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community. Private premises. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other structure. Public place. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public squares, spaces, grounds and buildings. Rubbish. Scrap metals, junk, disassembled parts of automobiles or machinery, construction or demolition materials, debris, litter, paper, cardboard, metal cans, glass, cut brush, dead trees, tree limbs and similar materials. Street line. The boundary line between a public street right-of-way and an abutting lot or parcel of land, or between a private street open to public use and an abutting lot or parcel of land. (Code 1952, § 3841; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-2300, § 1, 9-3-96) Editor's note— The editors arranged the definitions alphabetically, to facilitate reference and use. Sec. 16-48. - Noxious growths, rubbish, garbage prohibited; prima facie evidence. SANTA ANA MUNICIPAL CODE No person owning, managing or having control or charge or occupancy of any lot or private premises, shall: (1) Allow noxious growths or growths otherwise dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises; (2) Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises; (3) Suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of six inches (6") above the grade in the area of growth; (4) Cause or permit rubbish or garbage to be placed or to exist upon such lot or private property. It is the duty of every such person to prevent such growth or existence. To establish a prima facie Violation of this section, it shall not be necessary to establish any facts except that the accused person owned, managed, or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. (Code 1952, § 3842; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71) Sec. 16-49. - Order and notice requiring removal of noxious growths, rubbish, garbage —Time limit; posting, mailing. (a) If and when it shall appear that noxious growths, rubbish or garbage have been placed upon or in front of private property in violation of any of the provisions of this article or of any other provisions of this Code, the city public works director may, by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush, rubbish or garbage must be removed within seven (7) days from and after the date of such posting. Such notices shall be conspicuously posted on or in front of the property on or in front of which the condition exists, as follows: (1) One (1) notice shall be posted on or in front of each separately owned parcel; (2) Not more than two (2) notices shall be posted to any parcel of fifty (50) to one hundred (100) feet frontage; (3) Notices shall be placed at intervals of not more than one hundred (100) feet, if the frontage of a parcel is greater than one hundred (100) feet, with one (1) notice for each one hundred (100) feet of frontage. (b) In addition to posting such notices, the city public works director may send a similar notice to the owner of the subject property as shown upon any city record, or upon the last equalized tax roll, by depositing such notice in the United States mail; but the failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this article. Such notice shall be mailed not less than twenty (20) days prior to the date set for a hearing upon objections. (Code 1952, § 3842.1; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1476, § 1, 3-12-79; Ord. No. NS-2300, § 2, 9-3-96) Sec. 16-50. - Same —Form of notice. The headings of the notices required by section 16-49 shall be in letters approximately one inch in height. Said notices shall be in substantially the following form: "NOTICE TO CLEAN PREMISES SANTA ANA MUNICIPAL CODE "NOTICE IS HEREBY GIVEN to the owner, manager, occupant or persons having charge or control of the property located at (describe property, e.g., address, assessor's parcel number, physical description) that the condition(s) of (describe violation(s)) exists upon the property which is/are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. "The said condition(s) must be abated on or before , 19_. If not abated on or before said date, the City of Santa Ana may abate the condition or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. "Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, Santa Ana, California, not later than the date for abatement set forth hereinabove." (Code 1952, § 3842.2; Ord. No. NS-880, § 1, 6-6-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1235, § 40, 12-9-74; Ord. No. NS-1476, § 2, 3-12-79) Sec. 16-51. - Hearing. If the clerk of the council receives any appeals from the notice specified in section 16-50, the clerk shall set such appeals for public hearing by the city council and shall send written notices of such public hearing to all persons filing such appeals. At the time and place stated in the notices, the city council shall hear and consider all objections to the proposed abatement work. At the conclusion of the hearing, the council shall allow or overrule any objections. (Ord. No. NS-2300, § 3, 9-3-96) Editor's note— Prior to the reenactment of § 16-51 by Ord. No. NS-2300, Ord. No. NS-1235, § 41, enacted Dec. 9, 1974, had repealed § 16-51, which had pertained to hearings and had derived from Code 1952, § 3842.3 and Ord. No. NS-880, § 1, adopted June 5, 1967. Sec. 16-52. - Abatement order —From council. At the conclusion of said hearing, the council may order the city public works director to abate said nuisance by entering upon private property to abate and remove the same. (Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 42, 12-9-74; Ord. No. NS-2300, § 4, 9-3-96) Sec. 16-53. - Same —Service. The city public works director shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of mailing, said officer will abate the same and will, if necessary, enter upon or into the private property of said person without further notice or liability therefor in order to abate said nuisance. SANTA ANA MUNICIPAL CODE (Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 5, 9-3-96) Sec. 16-54. - Abatement action by city. The city public works director may cause the city's nuisance abatement work force or contractor to enter upon any private property and abate any nuisance found thereon, or in front thereof, provided ten (10) days notice to abate such nuisance shall have been posted or mailed as required by this article, the time allowed by such notice shall have expired, and no person shall have filed a written statement of objections as herein provided within ten (10) days after posting or mailing; in the event objections shall have been duly filed, and overruled by the city council, the city public works director may cause the city's nuisance abatement work force or contractor to enter upon any such private property and, in accordance with the order of the city, abate the nuisance found thereon, or in front thereof. (Code 1952, § 3842.6; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 43, 12-9-74; Ord. No. NS-2300, § 6, 9-3-96) Sec. 16-55. - Cost of abatement. (a) The city public works director shall keep a separate account of the cost of abatement in front of or on each individual lot or parcel of land where abatement work is done. He shall submit to the city manager for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three (3) days prior to its submission to the city council on or near the council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the city council may hear the matter or refer it to the hearing officer under the provisions of Chapter 3 of this Code. (b) The city council may, by resolution, establish a standard administrative fee for parcels requiring nuisance abatement work by the city's nuisance abatement work force or contractor. Such fee shall be in addition to the direct cost of the abatement work and shall be in an amount reasonably determined to cover such costs as posting, inspection, contractor supervision, and the like. (c) The city council may, by resolution, also establish a standard charge for additional administrative costs for parcels requiring more than one (1) notice of abatement in any twelve-month period. (Code 1952, § 3842.7; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 44, 12-9-74; Ord. No. NS-2300, § 7, 9-3-96) State Law reference— For authority to abate nuisances, see § 38773, Gov. Code. Sec. 16-56. - Receiving, receipting and billing for cost to city. The city finance director shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report. The city finance director may bill the owner of record directly at any time he shall desire. (Code 1952, § 3842.10; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 8, 9-3-96) Sec. 16-57. - Special assessments —Lien. The cost of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed, it is a lien on the lot or parcel. SANTA ANA MUNICIPAL CODE (Code 1952, § 3842.8; Ord. No. NS-880, § 1, 6-5-67) Sec. 16-58. - Same —Collection procedure After confirmation of a report, a certified copy of the same shall be filed with the county auditor on or before August 10th of each year. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection, and enforcement of county taxes shall apply to such special assessment taxes. (Code 1952, § 3842.9; Ord. No. NS-880, § 1, 6-5-67) Sec. 16-59. - Same —Correction of error. (a) Any assessment erroneously made may be cancelled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure: (1) A claim of error may be filed with the clerk of the council at any time before the expiration of one year following April 10th of the tax year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the clerk of the council, and shall be verified; (2) Any claim filed shall be forwarded to the city public works director for review and report to the city finance director. If the city public works director shall determine that such assessment was erroneously made, in whole or in part, the city finance director shall request the county board of supervisors to direct the county auditor -controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the city finance director shall be authority for the auditor -controller so to correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person who paid the same, by the city finance director. In lieu of proof otherwise, the city finance director may presume that the persons to whom the abatement cost was assessed were the persons who paid the same; (3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty (60) days after the filing of the same, or whose claim is denied, in whole or in part in writing, by the city finance director, may, within ten (10) days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the city council pursuant to Chapter 3 of the Santa Ana Municipal Code; (4) If the city council shall find the disputed assessment to be erroneous in whole or in part it may direct the city finance director to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds; (5) Not later than thirty (30) days after the correction of any assessment or refund of any monies hereinunder, except by direction of the city council, the city finance director shall transmit to the city council a report of such action, together with the report of the city public works director. (b) Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by section 16-55, relating to the work for which such erroneous assessment was levied, may be prepared by the officer who SANTA ANA MUNICIPAL CODE prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment roll. In all other respects, sections 16-56 through 16-58 shall apply to such corrected assessments, except that the time for doing all things herein specified shall relate from the date of confirmation of the corrected assessment. (Code 1952, § 3842.11; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 2, 12-9-74; Ord. No. NS-2300, § 9, 9-3-96) Sec. 16-60. - Violation a public nuisance; remedies. Violation of this article is declared to be a public nuisance which may be abated as provided in part 3 of division 4 of the civil code of the state and in chapter 2 of title X of part 2 of the code of civil procedure of the state, which remedy shall be in addition to any other remedy provided in this article or by state law, including section 372 of the penal code of the state. (Code 1952, § 3843; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 10, 9-3-96) Secs. 16-61-16-109. - Reserved. IN City of Santa Ana: Inspection and Abatement Warrant Date of Invoice: September 25, 2019 Railroad Locations: • 1000-1100 E. Chestnut (Railroad X-ing # 761244J), train tracks facing south; • 1200-1300 E. McFadden (Railroad X-ing # 761245R), train tracks facing north; • 3200-3300 S. Susan Street (Railroad X-ing # 761672F), train tracks facing west; • 3400 W. McArthur (Railroad X-ing # 761664N), train tracks facing northeast • 2516-2540 S. Orange St. (Railroad X-ing # 761252B), train tracks facing southwest. • 2541-2555 S. Main (Railroad X-ing # 761253H); train tracks facing northeast; • 2540-2700 S. Main St. (Railroad X-ing # 761253H), train tracks facing southwest. • 401-501 W. Dyer Rd. (Railroad X-ing # 761683T); train tracks facing northeast. Inspection and Abatement Warrant, execution: • August 15, 2019 • August 22, 2019 • September 5, 2019 City of Santa Ana, encumbered costs: City Staff and Equipment: $41,513.72 Account:0111600257010 ,W • CITY OF SANTA ANA • .✓ Finance & Management Services Agency M-87 20 Civic Center Plaza s _ P.O. Box 1964 `tom Santa Ana, CA 92702 Ph: (714) 647-6543 Email: accountsreceivables@santa-ana.org INVOICE Customer: UNION PACIFIC RAILROAD LANCE M FRITZ, CHAIRMAN, PRESIDENT, AND CEO 1400 DOUGLAS ST 19TH FL OMAHA NE 68179 Date: 09/25/2019 Customer No. 35516 Invoice No. MP9 Due Date: 10/25/2019 Description: Balance Forward: CITY STAFF AND EQUIPMENT AUGUST 15-SEPTEMBER 5, 2019 41,513.72 Total Due: $41,513.72 Please remit payment within 30 days to the address referenced below. Past due accounts are referred to a collection agency. CHECK POLICY: It is understood by all persons who wish to write checks to the City that acceptance of checks is conditional upon the satisfactory collection of the check. If a check is dishonored or returned for any reason, the customer will be responsible for paying the full amount of the check that was returned plus the state's maximum allowable processing fee. PLEASE DETACH AND RETURN THIS PORTION WITH REMITTANCE X----------------------------------------------------------------------------------------------------------- � MAIL PAYMENT TO: � CITY OF SANTA ANA M-13 20 CIVIC CENTER PLAZA PO BOX 1964 SANTA ANA CA 92702 --------------------------------------- Customer: 35516 UNION PACIFIC RAILROAD Invoice #: Mpg Due Date: 10/25/2019 Amount Due: $41,513.72 MP00000009000035516000041513728MPU00000090000355160000415137284 `n r 0 U H OaC a 3 F- z W 2 W H a CD a z a z 0 F- U W m Ln z Na li J a N T N O O ti T O 0 06 06 a io o rn o0 o n n rn N 00 h N N T h h N N T 01 01 01 a h N a 01 V1 l0 V1 01 l0 m N 00 m m m 01 m 0 0 a m ti o a a l0 N m m N N 01 0 a m a l0 Ot Ot a V1 N O T O O O l0 O N O vi io o io io m o o c+i io io a i 0a6 o a o6 io a rn io 0o n rn rn 0000 0000 0000 m Nio m m m a N N N N N N N N V1 V1 l0 V1 a s V1 V1 a a N N l0 h h h N a T N h h h 01 O N l0 l0 l0 N l0 N T 01 01 00 O h h h h N V1 H � rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn 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