HomeMy WebLinkAboutAdministrative Hearing - Resolution 2001-89 Certification of Ch Y OF HUNTINGTON BEACH Do
MEETING DATE: 11/19/01 DEPARTMENT ID NUMBER: CA 01-19
Council/Agency Meeting Held:
Deferred/Continued to:
Ap roved ❑ Condi 'onal y Ap roved ❑ Denied _
—0 — 00 � City Clerk's ig ture
Council Meeting Date: 11/19/01 Department ID Numbe . CA 01-19
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION o
- (7
c-
�n
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS CD--i
SUBMITTED BY-?AIL HUTTON, City Attorney DC:)`-
SHARI L. FREIDENRICH, City rer
_ v
PREPARED BY:j9AIL HUTTON, City Attorney
SUBJECT: Approve Certification of Special Assessments for Delinquent Civil
Fines for Municipal Code Violations - Administrative Hearing
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City record notice of special assessments against private
property for the value of the unpaid civil fines, plus interest and penalties, pursuant to
Ordinance #3397 adopted by City Council on June 15, 19987
Funding Source: None.
Recommended Action: Adopt Resolution No. entitled "A Resolution of the City
Council of the City of Huntington Beach certifying Special Assessments for Collection of
Delinquent Civil Fines for Municipal Code Violations."
Alternative Action(s): Do not approve Resolution No. aoo/-CFy'
Analysis: In June 1998, City Council adopted Huntington Beach Municipal Code Chapter
1.18, authorizing the issuance of administrative citations that impose civil fines for violation of
the Municipal Code of the City of Huntington Beach. Pursuant to section 1.18.150 of the
Municipal Code, the City may certify certain fines, interest, and penalties as delinquent and
have them collected as special assessments against the real property involved.
Assessments are limited to property related violations wherein the fines exceed $250.00
99-11.130C -2- 11/01/01 2:19 PM /�
REQUEST FOR COUNCIL ACTION
MEETING DATE: 11/19/01 DEPARTMENT ID NUMBER: CA 01-19
cumulatively and are sixty days past due. In addition, all hearing or appeal rights of the cited
persons have been exhausted.
At this time, certain administrative citations have been issued for the following property
violations:
Bart DeBoe 318 91h St. building & construction, health
& safety violations
Bruce Saderup 20601 Paisley Ln. Building & construciion, health
& safety, and zoning violations
Leonard Weisman 5702 Littler Dr. building & construction, health
& safety violations
The civil fines have not been paid. These citations as identified on Exhibit A to the resolution
attached, total $2,232.80 The fine amounts would be levied against the properties, non-
payment of which would incur penalties and would appear as an exception to title on a title
report at time of transfer of the property. In addition, the fines will be reported to the County
Tax Assessor for inclusion on the property tax bills.
An administrative hearing is required by the Huntington Beach Municipal Code Chapter 1.18.
Only property owners are entitled to speak at the administrative hearing. All other interested
parties may speak at regular public comment at the beginning of the meeting.
Environmental Status: Not applicable.
Attachment(s):
NumberCity Clerk's
Page . Description
1 Resolution No. 0°� enq titled "A Resolution of the City Council of the
City of Huntington Beach certifying Special Assessments for Collection
Delinquent Civil Fines for Municipal Code Violations."
99-11.D0C -3- 11/05/01 10:46 AM
ATTACHMENT # 1
RESOLUTION NO. 2001-89
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING
SPECIAL ASSESSMENTS FOR COLLECTING DELINQUENT
CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, the City Council has adopted Huntington Beach Municipal Code 1.18 which
authorizes the issuance of admim*strative citations that impose civil fines upon persons who
violate the Municipal Code of the City of Huntington Beach; and
WHEREAS, certain administrative citations have been issued and the civil fines imposed
thereby have not been paid by the responsible persons who committed the Municipal Code
violations; and
WHEREAS, section 1.18.150 of the Municipal Code provides that certain delinquent
fines, interest and penalties may be collected as part of the nuisance abatement procedures
authorized by Government Code section 38773.5; and
WHEREAS, the City Council wishes to certify certain fines, interest, and penalties as.
delinquent and have them collected as special assessments against the real property involved.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
1. The City Council held an administrative public hearing on 11/19/2001
which was properly noticed as required by Government Code section 38377.5, for the purpose of
certifying special assessments against properties where public nuisances have occurred.
2. The special assessments designated on Exhibit A, which is attached and
incorporated herein by this reference, are hereby certified as being delinquent civil fines, interest
and penalties owing to the City of Huntington Beach and qualified for collection as special
assessments under section 1.18.150C.
3. The City Council as part of the City's nuisance abatement program orders that
these delinquent fines, interest and penalties are to be collected as special assessments against the
respective properties shown on Exhibit A pursuant to the provisions of Municipal Code section
1.18.150 and Government Code section 38773.5.
4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps
for recording notice of such assessments against the respective properties in the property records
of the County of Orange and for obtaining the collection of such assessments by the Tax
Collector of the County of Orange.
j mp/misc-admin/resoluti/0?/06/01
Res. No. 2001-89
5. The City Treasurer is also authorized to take the necessary steps to have releases
filed with the County Recorder when any such special assessments have been paid.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 19th day of November , 2000.
ATTES Mayor
APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED 1, r-0/City Attorney
INITIATED AND APPROVED:
City Ad inistrator
City Attorney
j mp/mi sc/admin/resoluti/02/06i01
Exhibit A
CERTIFICATION OF SPECIAL ASSESSMENTS
OWING TO THE CITY OF HUNTINGTON BEACH
FOR TRANSMISSION TO COUNTY TAX COLLECTOR
SPECIAL ASSESSOR'S
VIOL. ASSESSMENT PARCEL PROPERTY ADDRESS/ CODE
DATE AMOUNT OWNER NUMBER LEGAL DESCRIPTION VIOLATION
02/14/2001 $100.00 Bart DeBoe 024-113-05 318 9th St. 17.10.050(p)
02/14/2001 $100.00 Bart DeBoe 024-113-05 318 9th St. 8.48.180
02/14/2001 $100.00 Bart DeBoe 024-113-05 318 9th St. 8.48.180
council date $37.13 Bart DeBoe 024-11305 318 9th St. late fees and charges
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.08.020uhc1001.4
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.08.020uhc1001.5
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.08.020uhc1001.6
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.08.020uhc1001.11(k)
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 8.36.010
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.10.050(l)
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 231.04(sched.A)
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 230.08(b)
council date $39.45 Bruce Saderup 151-251-22 20601 Paisley Ln. . late fees and charges
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 8.36.010
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 17.10.050(p)
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 17.10.050(u)
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 17.10.050(z) x m
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 8.48.180 w :A
council date $56.22 Leonard Weisman 146-104-21 5702 Littler Dr. late fees and charges w z
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Res. No. 2001-89
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 19th
day of November, 2001 by the following vote:
AYES: Green, Boardman, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Cook (out of room)
ABSTAIN: None
City Clerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE
SUBJECT: SPECIAL ASSESSMENTS FOR COLLECTING
DELINQUENT CIVIL FINES
COUNCIL MEETING DATE: November 19, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attome Not Applicable '
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial atel
City Clerk T
:EXPLANATION FOR RETURN OF ITEM: .
Space . Only)
RCA Author:
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
Ss.
County of Orange )
I am a Citizen of the United States and a =NOTICE OF
ADMINISTRATIVE
resident of the County aforesaid; I am nIMHEARING
over the age of eighteen years, and not a CWY COUNCIL
CITY OF
party to or interested in the below '9UNT NQTON
entitled matter. I am a principal clerk of N I BE s HEREBY''
QIVEN that a Public
the HUNTINGTON BEACH INDEPENDENT, a Hearin will beheld by
newspaper of general circulation, printed a",.y Council of the
of • Huntington
Beach In the City Coun•.
and published in the City of Huntington c11''•:C treat. e, go0.
' Street, Huntington
Beach, ' County of Orange State of Callfornia 92848
d pe hour of 7:00 P.M.
of its-soon,thereafter as
California, and that attached Notice is a Us`i15le, on Mondey
gypfnber 19, 2001 toy
true and complete copy as was printed consider the adopflon of
purosed Resolution;
and published in the Huntington Beach 21"',
led "A Resolution of,
�,Ity Counoll of fhe,and Fountain Valle issues of said .. bf Huntington
Y loon Certifying Sp®Dial
newspaper to wit the issue(s) of: type®DelinqufentCo Civil,
I-Inea for Municipal'
Cb'de`'Violations."
y' copy of__ the
bn.
ti proposed Resolutlon Is
on file In the City Clerk's
November 8 , 2001 office, 2 Mn
• Street, Huntington
ntingttoon
Beach 92648, .for In-
spectlon by the public.
An administrative
hearing Is required by
the Huntinggton Beach
I declare, under penalty of perjury, that Onlyclprop®ye owners
;are entitled to speak at
the foregoing is true and correct. ;an administrative hear•
Ing. All other Interested
parties me speak at
jregular public comment
at begInning of the meet•
E �Ing. Written communica-
xecuted on
November 8 2001_ tlons to the City Council
may also be,mailed to
at Costa Mesa California. !the Clty Clerk:
� Ths public' hearing Is i
held ppursuant to Cantor-I
nis Qovernment Code l
Section 38773,5 and
Huntington Beach Mu-
nicipal Code 1.18.150,
Dated: November 1,?
2001ITY
` n
HUNTINQTONFBEACH D1
Connie Brockway
City Clerk
2000 Main Street
Signature Huntingt92 Be
648sch, CA
Published Huntington
',,Beach Independent
November 8, 2001
112.485
MEETING DATE: November 19, 2001
DEPARTMENT SUBJECT:
REQUESTING:
Planning Zoning Text Amendment No. 01-04 (Entitlement-Permit
Streamlining)
City Attorney Administrative Hearing- Delinquent Civil Fines
TODAY'S DATE November 1, 2001
VERIFIED BY
ADMININSTRATION: .
APPROVED BY: �,:.��••r,`,
Ray Silver
City Administrator
11/1/01 2:37 PM
kiI 1,0 Iz-.0j
NOTICE OF ADMINISTRATIVE HEARING BY THE CITY COUNCIL CITY OF
HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City
Council of the City of Huntington Beach in the City Council Chambers, 2000 Main
Street, Huntington Beach, California, 92648 at the hour of 7:00 p.m. or as soon
thereafter as possible, on Monday, November 19, 2001 to consider the adoption of
proposed Resolution entitled "A Resolution of the City Council of the City of
Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil
Fines for Municipal Code Violations."
A copy of the proposed Resolution is on file in the City Clerk's Office, 2000 Main
Street, Huntington Beach 92648, for inspection by the public.
An administrative hearing is required by the Huntington Beach Municipal Code
1.18. Only property owners are entitled to speak at an administrative hearing. All
other interested parties may speak at regular public comment at beginning of the
meeting. Written communications to the City Council may also be mailed to the
City Clerk.
The public hearing is held pursuant to California Government Code Section
38773.5 and Huntington Beach Municipal Code 1.18.150.
Dated: November 1, 2001
CITY OF HUNTINGTON BEACH
Connie Brockway, City Clerk
2000 Main Street
Huntington Beach, CA 92648
i
jmp/misc/admin/publicno/11/01/01
®Z9Is jasel s ?I ssaappv @AM3AV Q�
Bart DeBoe
318 9`h Street
Huntington Beach,CA 9264
Bart DeBoe
Department of Veteran Affairs
PO Box 322
Huntington Beach,CA 92648
Bruce Saderup
2061 Paisley Ln.
Huntington Beach,CA 92646
Leonard Reisman
5702 Littler Dr.
Huntington Beach,CA 92649
®Z9is aoj ajeldwal ash wlsIaays paaj y}oows
DRAFT
RCA ROUTING SHEET
INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE
SUBJECT: SPECIAL ASSESSMENTS FOR COLLECTING
DELINQUENT CIVIL FINES
COUNCIL MEETING DATE: 1 ►1 ,1 o�
RCA ATTACHMENTS ; ,: = STATUS
Ordinance (w/exhibits & legislative draft if applicable Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attome ) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS.
REVIEWED:'' ` RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
SpaceOnly)
RCA Author:
Z
CITY OF HUNTINGTON BEACH D�
MEETING DATE: 11/19/01 DEPARTMENT ID NUMBER: C 1T8
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signature
Council Meeting Date: 11/19/01 Department ID Number: CA 01-t8(q
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: GAIL HUTTON, City Attorney
SHARI L. FREIDENRICH, City Treasurer
PREPARED BY: GAIL HUTTON, City Attorney
SUBJECT: Approve Certification of Special Assessments for Delinquent Civil
Fines for Municipal Code Violations - Administrative Hearing
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City record notice of special assessments against private
property for the value of the unpaid civil fines, plus interest and penalties, pursuant to
Ordinance #3397 adopted by City Council on June 15, 1998?
Funding Source: None.
Recommended Action: Adopt Resolution No. entitled "A Resolution of the City
Council of the City of Huntington Beach certifying Special Assessments for Collection of
Delinquent Civil Fines for Municipal Code Violations."
Alternative Action(s): Do not approve Resolution No.
Analysis: In June 1998, City Council adopted Huntington Beach Municipal Code Chapter
1.18, authorizing the issuance of administrative citations that impose civil fines for violation of
the Municipal Code of the City of Huntington Beach. Pursuant to section 1.18.150 of the
Municipal Code, the City may certify certain fines, interest, and penalties as delinquent and
have them collected as special assessments against the real property involved.
Assessments are limited to property related violations wherein the fines exceed $250.00
99-11.D0C -2- 11/01/01 2:08 PM
DRAFT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING
SPECIAL ASSESSMENTS FOR COLLECTING DELINQUENT
CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, the City Council has adopted Huntington Beach Municipal Code 1.18 which
authorizes the issuance of administrative citations that impose civil fines upon persons who
violate the Municipal Code of the City of Huntington Beach; and
WHEREAS, certain administrative citations have been issued and the civil fines imposed
thereby have not been paid by the responsible persons who committed the Municipal Code
violations; and
WHEREAS, section 1.18.150 of the Municipal Code provides that certain delinquent
fines, interest and penalties may be collected as part of the nuisance abatement procedures
authorized by Government Code section 38773.5; and
WHEREAS, the City Council wishes to certify certain fines, interest, and penalties as
delinquent and have them collected as special assessments against the real property involved.
. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
1. , The City Council held an administrative public hearing on ,
which was properly noticed as required by Government Code section 38377.5, for the purpose of
certifying special assessments against properties where public nuisances have occurred.
2. The special assessments designated on Exhibit A, which is attached and
incorporated herein by this reference, are hereby certified as being delinquent civil fines, interest
and penalties owing to the City of Huntington Beach and qualified for collection as special
assessments under section 1.18.150C.
3. The City Council as part of the City's nuisance abatement program orders that
these delinquent fines, interest and penalties are to be collected as special assessments against the
respective properties shown on Exhibit A pursuant to the provisions of Municipal Code section
1.18.150 and Government Code section 38773.5.
4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps
for recording notice of such assessments against the respective properties in the property records
of the County of Orange and for obtaining the collection of such assessments by the Tax
Collector of the County of Orange.
j mp/mi sc/admin/resol uti/02/06/01
DRAFT
5. The City Treasurer is also authorized to take the necessary steps to have releases
filed with the County Recorder when any such special assessments have been paid.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the day of , 2000.
ATTEST: Mayor
APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED City Attorney
INITIATED AND APPROVED:
City Administrator
City Attorney
j mp/mi sc/admin/resol u ti/02/06/01
Exhibit A
CERTIFICATION OF SPECIAL ASSESSMENTS
OWING TO THE CITY OF HUNTINGTON BEACH
FOR TRANSMISSION TO COUNTY TAX COLLECTOR
SPECIAL ASSESSOR'S
VIOL. ASSESSMENT PARCEL PROPERTY ADDRESS/ CODE
DATE AMOUNT OWNER NUMBER LEGAL DESCRIPTION VIOLATION
02/14/2001 $100.00 Bart DeBoe �024-113-05 318 9th St. 17.10.050(p)
02/14/2001 $100.00 Bart DeBoe 024-113-05 318 9th St. 8.48.180
02/14/2001 $100.00 Bart DeBoe 024-113-05 318 9th St. 8.48.180
council date $37.13 Bart DeBoe 024-11305 318 9th St. late fees and charges
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.08.020uhc1001.4
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.08.020uhc1001.5
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.08.02000001.6
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.08.020uhc1001.11(k)
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 8.36.010
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 17.10.050(I)
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 231.04(sched.A)
07/12/2001 $100.00 Bruce Saderup 151-251-22 20601 Paisley Ln. 230.08(b)
council date $39.45 Bruce Saderup 151-251-22 20601 Paisley Ln. late fees and charges
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 8.36.010
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 17.10.050(p)
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 17.10.050(u)
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 17.10.050(z)
06/29/2001 $200.00 Leonard Weisman 146-104-21 5702 Littler Dr. 8.48.180
council date $56.22 Leonard Weisman 146-104-21 5702 Littler Dr. late fees and charges