HomeMy WebLinkAboutAdministrative Hearing - Resolution 2001-95 - Certification �
CITY OF HUNTINGTON BEAC z �
MEETING DATE: 12/17/01 DEPARTMENT ID NUMBER: CA 01-20
Council/Agency Meeting Held:-0
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
Q_ City Cler s Signature
Council Meeting Date: 12/17/01 Department ID Number: CA 01-20
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
� z
o �
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS n =
SUBMITTED BY. AIL HUTTON, City Attorney a- C r ==
Mir_,
SHARI L. FREI DEN RICH, City Treasur
PREPARED BY: MIL 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.aOa/- 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.DOC - 12/03/01 3:07 PM
RtQUEST FOR COUNCIL ACTION
MEETING DATE: 12/17/01 DEPARTMENT ID NUMBER: CA 01-20
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:
Lee Jay Archer 10231 Kukui building & construction, health
& safety violations
Sergio Romero 17392 Jacquelyn building & construction, heaath.
& safety violations
Roy Cunnigham 7422 Warner building & construction
violations
Lula Stewart 16741 Ross building & construction
violations
The civil fines have not been paid. These citations as identified on Exhibit A to the resolution
attached, total $1,782.84. 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):
City Clerk's
Page Number No. Description
g w 1 Resolution No. entitled "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 MOC -3'- 12/03/01 3:07 PM
02 '
ATTACHMENT # 1
RESOLUTION NO. 2001-95
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 12/17/2001 ,
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.
jmp/misc/admin/resoluti/12/03/01
Res. No. 2001-95
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 17th day of December , 2001.
ATTEST: Mayor
APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED iz 0cf/City Attorney
INITIATED AND APPROVED:
City AchgGistrator
City Attorney
j mp/misc/adminhesol uti/l 2/03/01
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
08/10/2001 $100.00 Lee Jay Archer 155-294-20 10231 Kukui 8.36.010
08/10/2001 $100.00 Lee Jay Archer 155-294-20 10231 Kukui 17.10.050(u)
08/10/2001 $100.00 Lee Jay Archer 155-294-20 10231 Kukui 17.08.020uhc1001.8
12/17/2001 $14.50 Lee Jay Archer 155-294-20 10231 Kukui late fees and charges
08/22/2001 $100.00 Sergio Romero 165-241-07 17392 Jacquelyn 17.10.015
08/22/2001 $100.00 Sergio Romero 165-241-07 17392 Jacquelyn 17.08.020uhc1001
08/22/2001 $100.00 Sergio Romero 165-241-07 17392 Jacquelyn 8.36.010
12/17/2001 $12.72 Sergio Romero 165-241-07 17392 Jacquelyn late fees and charges
08/21/2001 $100.00 Roy Cunnigham 111-022-07 7422 Warner 17.08.020uhc1001.1
08/21/2001 $100.00 Roy Cunnigham 111-022-07 7422 Warner 17.08.020uhc1001.3
08/21/2001 $100.00 Roy Cunnigham 111-022-07 7422 Warner 17.08.020uhc1001.4
08/21/2001 $100.00 Roy Cunnigham 111-022-07 7422 Warner 17.08.020uhc1001.7
08/21/2001 $100.00 Roy Cunnigham 111-022-07 7422 Warner 17.08.020uhc1001.11
08/21/2001 $100.00 Roy Cunnigham 111-022-07 7422 Warner 17.08.020uhc1001.12
08/21/2001 $100.00 Roy Cunnigham 111-022-07 7422 Warner 17.10.050(bb)
08/21/2001 $100.00 Roy Cunnigham 111-022-07 7422 Warner. 17.02.055 x m
08/21/2001 $34.32 Roy Cunnigham 111-022-07 7422 Warner late fees and charges
a
z
06/26/2001 $100.00 Lula Stewart 107-573-01 16741 Ross 17.08.020uhc1001.11 °
06/26/2001 $100.00 Lula Stewart 107-573-01 16741 Ross 17.08.020uhc1001.4 n�
06/26/2001 $100.00 Lula Stewart 107-573-01 16741 Ross 17.08.020uhc1001.8 0
12/17/2001 $21.30 Lula Stewart 107-573-01 16741 Ross late fees and charges
Ln
Res. No. 2001-95
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 17th
day of December, 2001 by the following vote:
AYES: Garofalo, Dettloff, Bauer, Cook, Green, Boardman
NOES: None
ABSENT: Houchen (out of room)
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
RCA POUTING SHEET
INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE
SUBJECT: SPECIAL ASSESSMENTS FOR COLLECTING
DELINQUENT CIVIL FINES
COUNCIL MEETING DATE: December 17, 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 MISSINQ_ATTACHMENTS
_ „a =REVIEWED RETURNED,, _FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR-RETURN OF ITEM
Space . Only)
RCA Author:
/ ` f
A,
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 HEARING BY THE,
i CITY COUNCIL
over the age of eighteen years, and not a CITYHUNT NGTON
party to or interested in the below BEACH
NOTICE IS HEREBY
entitled matter, I am a principal clerk of GIVEN that a Public'
Hearing will be ,held by
the y Council' the
the HUNTINCTON BEACH INDEPENDENT, a C tyCitof* Hunt nfgton
Beach in the City Coun-
newspaper of general circulation, printed cil Chambers, 2000
and published in the City Of Huntington Main Street, Huntington
Beach; California, 92648
Beach, COl1n at the hour of 7:00 r m.
as
ty of Orange State Of or soon thereafter as
possible, on Monday,
17, 2001California, and that attached Notice is a cconsiderethe adoption tof
true and complete copy as was printed proposed Resolution
entitled "A Resolution.of
and published in the Huntington Beach the City:Council of the
City, of Huntington
and Fountain Valle issues of said Asses Certifying Special
Assessments.for. Collect
Y ling Delinquent Civil
newspaper to wit the issue(s) of: 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 in-
December 13 , 2001 spe An by the public.
An administrative
hearing is required. by
the Huntington Beach
Municipal Code 1.18.
Only property owners
are entitled to speak at,
hear-
1 declare, under penalty of perjury, that n administrative
ing. All other interested
parties may speak at
the foregoing is true and correct. regular public comment
at beginning of the meet-
ing. Written communica-
tions to the City Council
may also,be mailed..to
Executed on �_ the e Clerk. '
December 13 The public hearingis
1 held nia pursuant to Califor-
at Costa Mesa, California. Section v38773t5'Code and
Huntington Beach Mu-
nicipal'Code 1.18.150.
Dated: November 30,
2001
CITY OF
HUNTINGTON BEACH
Connie Brockway,
, .City Clerk,
2000,Main Street,
Huntington Beach,
CA 92648
Al Published Huntington
Signature B r 113,2e0n01 nt"De-
123-575yj
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
SS.
County of Orange )
NOTICE OF
I am a Citizen of the United States and a ADMINISTRATIVE'
HEARING BY THE..
resident of the Coun aforesaid' I am CITY COUNCIL
CITY OF ,
over the age of eighteen years, and not a HUNTINGTON
BEACH
party to or interested in the below NOTICE.,IS HEREBY
GIVEN that a Public
entitled matter. I am a principal clerk of Hearing will be held by
the HUNTINGTON BEACH INDEPENDENT a the City Council n the
i City of, Huntington
newspaper of general circulation, printed Beach In the City Coun-
t cil 'Chambers, 2000
Main Street, Huntington
and published in the City of Huntington Beach, California, §2648
Beach, County of Orange, State of at the hour of 7:00 p.m.
or as soon whereafter"as
California,
December t 2001 to
and that attached Notice is a a
Possible, on Monday,
consider the adoption
-of'
true and complete copy as was printed proposed Resolution
A entitled Resolution of
the City Council,of the.
and published in the Huntington Beach City. Huntington Beach
Certifying Special As-
and Fountain Valley issues of said sess for Collecting De-
linquent Civil Fines for
newspaper to wit the issue(s) of: Municipal Code vio
lations."
A copy 'of the
proposed Resolution is
on file-in the City Clerk's
Office, :2000 Main
Street, Huntington
Beach. 92648, for in-,
spection-by the public. -
December 6 2001 An, administrative
hearing .is required ,by
the, Huntington Beach
Municipal Code ' 1.18.
Only properfy:. owners
are entitled to`speak at
an 'administrative hear-
declare, under penalty of perjury, that ing; All 'other-interested
the foregoing is true and correct. parties may speak _at
regular'public comment
at beginning ofwhe meet-
ing..Written communica=
tions to the City.Council,
may also be mailed to
Executed on _ the e p Clerk g -
December 6 The public to C ' is'
! Held pursuant to Califor-
nia Costa Mesa California. Se Government Code
/ Section 38773.5 .and.
Huntington Beach, Mu-
nicipal Code,1.18.150. -
Dated:• November 30,
20011,
CITY OF
HUNTINGTON BEACH
Connie Brockway,.
City Clerk;
2000 Main Street,
Huntington Beach,"
CA'92648
Published .Huntington.
Signature Beach.Independent De-
cember;6,.2001
122-560
NOTICE OF ADMINISTRATIVE HEARING BY THE CITY COUNCIL CITY OF
HUNTNGTON 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
1 i
j mp/mist/ad m i n/p ubl i c n o/l 1101101
Connie Brockway, City Clerk Y r,A
City of Huntington Beach �_s,s��T ,:
Office of the City Clerk 0 �a z •:
P.O. Box 190
Huntington Beach, CA 92648
C A H METER 422-2 i
i
Ck 927 11/1)9/M
Mice Sadeiup
2061 Paisley Ln.
INGTpy� Huntington Beach, CA 2 46 1
r-1 wllsx
-_
_ SADE061 426�46300.1 IN 12 11/28/01
.
_ _ RETURN TO SENDER
NO FORWARD ORDER ON FILE
9 -� UNABLE TO FORWARD
RETURN TO SENDER
�ouNTy cp LEGAL NOTICE - PUBLIC HEARING
SS646
92646*vs S4 1
®Z91S aasel slagel ssaappy oA?Ia V
o. :a alump.q.) y wall ifollim pti .[
Lee Jay Archer ,
10231 Kukui O I
Huntington Beach,CA 92646
Sergio Romero
PO Box 10519
Costa Mesa,CA 92627
Roy Cunningham
922 Hyde
Costa Mesa,CA 92626
Lula Stewart
16741 Ross Ln
Huntington Beach,CA 92647
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:� • TP.;f-ISNIISSION VERIFICATION REf
TIME 12/0312001 09: 35
12103 09:34
NO.;rNAt,9E 919496465008
L l JRATIO N 00:00: 35
PAGE(S) 02
RESULT OK
MODE STANDARD
ECM
FAX FROM:
0 CONNIE BROCKWAY, CITY CLERK
J CITY CLERK'S OFFICE
CITY OF HUNTINGTON BEACH
�:. P.O. Box 19012000 Main Street
Huntington Beach, CA 92648
HUNTINGTON BEACH ( (714) 536-5227
714) 374-1557 FAX
FAX #: (949) 646-5008 DATE:
Number of Pages (including cover page): LCA Deputy City Clerk
To: INTERNET ADDRESS:
Huntington Beach Independent http://www.ei.huntington-beach.ca.us
Attn: Mike (Legals) OR
http://www.hbsurfcity.com/clerk
Phone: (949) 574-4251 ***HB INFOLINE: 714-374-4800 ***
Remarks: ® Urgent 0❑ For your review 0❑ Reply ASAP [Dj Please co—m—m—en7tMj Per your request
�o�iCC o A mi 4n i 4rtt�iVL kan n 1
�,c ads
1
gJforms/97Forms/fax.doc
•/� �J�71�Sti Once.
v • S� 14.: !o-Ol
1 r
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, December 17, 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 30, 2001
CITY OF HUNTINGTON BEACH
Connie Brockway, City Clerk
2000 Main Street
Huntington Beach, CA 92648
hvblsh Or�c�
1L: (o-O!
D`✓ �Gyed �� �io1
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, December 17, 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 30, 2001
CITY OF HUNTINGTON BEACH
Connie Brockway, City Clerk
2000 Main Street
Huntington Beach, CA 92648
i
jmp/misc/admin/publ icno/11/30/01
i DRAFT
RCA ROUTING SHEET ,
INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE
SUBJECT: SPECIAL ASSESSMENTS FOR COLLECTING
DELINQUENT CIVIL FINES
COUNCIL MEETING DATE: December 17, 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 Attorney) 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:
TUR REVIEWEDRENED FORWARDE., . D.¢
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
:;EXPLANATION FOR RETURN ITEM f
Space . Only)
RCA Author:
0TY OF HUNTINGTON BEAC DRAFT
MEETING DATE: 12/17/01 DEPARTMENT ID NUMBER: CA 01-20
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signature
Council Meeting Date: 12/17/01 Department ID Number: CA 01-20
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- 11/30/01 3:50 PM
- DRAFTRtQUEST FOR COUNCIL ACTION
MEETING DATE: 12/17/01 DEPARTMENT ID NUMBER: CA 01-20
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:
Lee Jay Archer 10231 Kukui building & construction, health
& safety violations
Art Sturdefant Talbert/Beach health & safety, street &
sidewalk, building &
construction, and zoning
violations
Michael McGaughey 1815 Alsuna building & construction
violations
Sergio Romero 17392 Jacquelyn building &.construction, helath .
& safety violations
Roy Cunnigham 7422 Warner building & construction
violations
Lula Stewart 16741 Ross building & construction
violations
Robert Mitchell 205 Alabama building & construction
violations
The civil fines have not been paid. These citations as identified on Exhibit A to the resolution
attached, total $5,500.00. 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):
Page Number No. Description
City Clerk's
1 Resolution No. entitled "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.DOC -3- 11/30/01 3:50 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/adminhesol 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 , 200v
ATTEST: Mayor
APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED City Attorney
INITIATED AND APPROVED:
City Administrator
City Attorney
j mp/misc/adminhesol uti/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
08/10/2001 $100.00 Lee Jay Archer 10231 Kukui 8.36.010
08/10/2001 $100.00 Lee Jay Archer 10231 Kukui 17.10.050(u)
08/10/2001 $100.00 Lee Jay Archer 10231 Kukui 17.08.020uhc1001.8
08/06/2001 $100.00 Art Sturdefant Talbert/Beach 8.24.020
08/06/2001 $100.00 Art Sturdefant Talbert/Beach 12.12.020
08/06/2001 $100.00 Art Sturdefant Talbert/Beach 17.10.050(t)
08/06/2001 $100.00 Art Sturdefant Talbert/Beach 17.10.050(q)
08/06/2001 $100.00 Art Sturdefant Talbert/Beach 241.12b
08/27/2001 $500.00 Michael McGaughey 1815 Alsuna 17.10.050(L-1,2,3)
08/27/2001 $500.00 Michael McGaughey 1815 Alsuna 17.08.020uhc1001.9
08/27/2001 $500.00 Michael McGaughey 1815 Alsuna 17.10.050(m)
08/27/2001 $500.00 Michael McGaughey 1815 Alsuna 17.10.050(U-1,2,4)
08/27/2001 $500.00 Michael McGaughey 1815 Alsuna 17.10.050(z)
08/22/2001 $100.00 Sergio Romero 17392 Jacquelyn 17.10.015
08/22/2001 $100.00 Sergio Romero 17392 Jacquelyn 17.08.020uhc1001
08/22/2001 $100.00 Sergio Romero 17392 Jacquelyn 8.36.010
08/21/2001 $100.00 Roy Cunnigham 7422 Warner 17.08.020uhc1001.1
08/21/2001 $100.00 Roy Cunnigham 7422 Warner 17.08.020uhc1001.3
08/21/2001 $100.00 Roy Cunnigham 7422 Warner 17.08.020uhc1001.4
08/21/2001 $100.00 Roy Cunnigham 7422 Warner 17.08.020uhc1001.7
SPECIAL ASSESSOR'S
VIOL. ASSESSMENT PARCEL PROPERTY ADDRESS/ CODE
DATE AMOUNT OWNER NUMBER LEGAL DESCRIPTION VIOLATION
08/21/2001 $100.00 Roy Cunnigham 7422 Warner 17.08.020uhc1001.11
08/21/2001 $100.00 Roy Cunnigham 7422 Warner 17.08.020uhc1001.12
08/21/2001 $100.00 Roy Cunnigham 7422 Warner 17.10.050(bb)
08/21/2001 $100.00 Roy Cunnigham 7422 Warner 17.02.055
06/26/2001 $100.00 Lula Stewart 16741 Ross 17.08.020uhc1001.1
06/26/2001 $100.00 Lula Stewart 16741 Ross 17.08.020uhc1001.4
.06/26/2001 $100.00 Lula Stewart 16741 Ross 17.08.020uhc1001.8
05/31/2001 $100.00 Robert Mitchell 205 Alabama 17.02.010uac305.4
07/13/2001 $200.00 Robert Mitchell 205 Alabama 17.02.010uac305.4
08/07/2001 $500.00 Robert Mitchell 205 Alabama 17.02.010uac305.4
OM ggk
Ito
MEETING DATE: December 17, 2001
DEPARTMENT SUBJECT:
REQUESTING:
Economic Development Bowen Court DDA Amendment
Planning Sunrise Assisted Living GPA 01-0;. ZMA 01-02
Fire Revisions to Comprehensive Fee Schedules
City Attorney Administrative Hearing- Delinquent Fines
TODAY'S DATE November 30, 2001
VERIFIED BY
ADMININSTRATION:
APPROVED BY:
Ray Silver
City Administrator
11/30/01 3:54 PM