HomeMy WebLinkAboutAdministrative Public Hearing to Consider Adoption of Resolu Council/Agency Meeting Held:-.,D
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Cit Cle 's Vgnat r
Council Meeting Date: July 18, 2005 Department umber: CA-7-05
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE'MAYOR CITY COUNCIL MEMBERS
o
SUBMITTED BY: JENNIFER MCGRAT ty Attorney --
SHARI FREIDENRICH, City Treasur `
_ r
PREPARED BY: JENNIFER MCGRAT ity Attorney
-CJ >
SUBJECT: Approve Certification of Special Assessments for Delinquent-!Civil-
Fines for Municipal Code Violations -Admi 'str ti H ar'ng c)a0a6_yy
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 unpaid civil fines, plus interest and penalties, pursuant to Ordinance
#3397 adopted by City Council on June 15, 1998?
Fundinq Source: None
Recommended Action: Adopt resolution no. =S-`yI/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 adopt Resolution No. 5?006- -` V
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
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 on the following property for
building, construction, zoning and/or health and safety violations:
D --S
REQUEST FOR ACTION
MEETING DATE: July 18, 2005 DEPARTMENT ID NUMBER:CA-7-05
James E. Coleman 17262 Beach Blvd. Housing Code Violations
Michael Greenwood 17222 Gothard #A Fire Code Violations
Power Group Associates 21592 Surveyor Housing Code Violations
Christine Izumi 8222 Katherine Drive Housing Code Violations
Hui-Ping-Caroline Tsai 7721 Amberleaf Health & Safety Code Violations
The civil fines have not been paid. These citations are identified on Exhibit A to the
Resolution and total $2,548.55. The fine amounts would be levied against the properties,
non-payment of which would incur penalties and would appear as an exception to the 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 the regular public comment portion of the meeting.
Environmental Status: N/A
Attachment(s):
NumberCity Clerk's
Page . Description
1. Resolution No. 2005-yq 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."
G:\ATTYMISC\Administrative Citation\RCA\7-05.doc -2- 6/27/2005 8:1.5 AM
ATTACHMENT NO . 1
RESOLUTION NO. 2005-44
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 July 18, 2005, which
was properly noticed as required by Government Code section 38773.5, 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 3.8773.5.
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.
Atty misdadmin/resolution 7-05 1
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 18th day of Jul , 2005.
lvl��7 10
REVIEWED AND APPROVED APPROVED AS TO FORM:
ity Administrator City Attorney
INITIATED AND APPROVED:
City ttorney
Atty misdadmin/resolution 7-05 2
Atty misc/admin/resolution 7-05 3
CERTIFICATION OF SPECIAL ASSESSMENTS
OWING TO THE CITY OF HUNTINGTON BEACH
FOR TRANSMISSION TO COUNTY TAX COLLECTOR
Violation Assessment Owner APN Property Code
Date Amount Address Violation(s)
1/12/04 $250 James E. Coleman 167-311-02 17262 Beach Blvd. HBMC 17.02.010; 17.02.030; 17.02.055
James E. Coleman 146-361-37 17262 Beach Blvd, late fees and char es-TTL $337.45
ti'. '..,.�'«5t��,:;'};' .a'rv' :''t,z...�',z,"3,-'t•4. -?.:?'...�i'3.11 ,.:-y';•fi,E:✓r.:.:a.^s.,xf, 'x.:::.... 4 ;, +1 i .4'�':._!r �;,.S .� 'iY-ts�irX>"G. -..r ,:S+rT r:a :e x a^a.A?' w:[F::•C'?r - ';'e'S':;
....,.� ,,.. .. ..o:-
5/31/04 $250 Michael Greenwood 1 11-02-315 17222 Gothard#A HBFC 103.4.3.1
6/14/04 $500 Michael Greenwood 111-02-315 17222 Gothard#A HBFC 103.4.3.1
Michael Greenwood 111-02-315 17222 Gothard#A late fees and char es-TTL $933.94
..... ....� .,,>. ..v H. '< x; - •<:�w -r -n' «.°Xa:R _k x' --..:> .s�i_ir" •r,y,r, .i _-.<:sY" r;. +r` µ •.�nc.•p, �
.Y� .r; <, ha3t�,tc r{t..,�w ,:rSt+�'�:• ..�a�:8.�a:-s•aess§,.�..�.:�;kF _?x. ,�._ '� ..,�,,...r. ,u:S�_6�_ _c�,.b .z'X, z? -... "3` .•,S :d..���IN, �r`:;t�c�"
10/1 1/94 $250 Power Group Associates 148-121-25 21592 Surveyor HBMC 17.02.030; 17.02.055
Power Group Associates 148-121-25 21592 Surveyor late fees and charges- L $302.30
;,..,.,..a,r,....,.- ...,..a e, ..7, s ;x- '�xa,_•r.•; t•w;. tr... t _c C^' �•.
?',a'�1..�+.h• .L-za�nt•..�r�M.a�r„birt3a�x� �fi;'�:5 +��: '�.'�. �M.. �kz+ �.� �?,,, ..tee k.�t«a .wr..o.Z'�.�'• .k..k���'�.�.ra".-"" k�a ap.: .��&. "..�ax9b
8/19/04 $250 Christine Izumi 157-402-21 8222 Katherine Drive 17.02.010
Christine Izumi 157-402-21 8222 Katherine Drive late fees and char es-TTL$309.20
' x
.�..,:0°v?.�^.:r ::n.;::�. .�Y��':k=i+' �-'..:.�aS�;�s;�'�,r...a«`2 Er...'�,'��.3T.>•?.�ti:�,l`.:7.r;§�a.,.::aFse.. c'b`-�`.+�.,_xzr.z....,-.?r..,:M.'*....."s...:.:...,:.'.-.�rx.. I e•r,w'S'�''.-wt
1 1/24/03 $500 Hui-Ping-Caroline Tsai 159-131-07 7721 Amberleaf HBMC 8.36.010
Hui-Ping-Caroline Tsai 159-131-07 7721 Amberleaf late fees and char es-TTL$665.66
Attymisc/admin cite/assessment chart/july 05 1
Res. No. 2005-44
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 an regular meeting thereof held on the 18th day of July,
2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
City, rk and ex-officio CI of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SH ET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Special Assessments for
Collecting Delinquent Civil Fines
COUNCIL MEETING DATE: July 18, 2005
FY RSCA ATTACHMENTS y` IMP
� vSTATU,S �r
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorney)
Subleases, Third Party Agreements, etc. Attached ❑ .Not Applicable
(Approved as to form by City Attorney
Certificates of Insurance (Approved y A roved b the City orney�Att Attached ❑
Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Attached ElNot Applicable
❑
Staff Report (If applicable) AttachedNot Applicable
Commission, Board or Committee Report If applicable) Attached ❑
p ( pP ) Not Applicable
Find in s/Conditions for Approval and/or Denial Attached ❑
g pp Not Applicable
;EXPLANATIONFOR,MISSING;,ATTACH,MENTS
n
REVIEWED fin <R RNED =FOR RDEDn
ETU
Administrative Staff ( )
Assistant City Administrator Initial
City Administrator Initial
City Clerk ( )
EXPLANATION,,FOR'RETURWO;F
Only)(Below Space For City Clerk's Use
RCA Author: admin cite
&,vr A-1L 7
�l S,4 - 7��
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 6:00 p.m. or as soon
thereafter as possible, on Monday July 18, 2005 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 on July 14, 2005.
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: July 7, 2005
CITY OF HUNTINGTON BEACH
Joan L. Flynn, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Atty mist/admin cite/public notice
Impression antibourrage et a s6chage rapide www.avery.com a AVERY@ 51620
Utilisez le gabarit 51620 14800-GO-AVERY
James Coleman
20072 Crown Reef Lane
Huntington Beach, CA 92646
Michael Greenwood
17222 Gothard Street,#A
Huntington Beach, CA 92647
Power Group Associates
19881 Bushard Street
Huntington Beach, CA 92646
Christine Izumi
8222 Katherine Drive
Huntington Beach, CA 92648
j
Hui-Ping Tsai
12920 Pollard Avenue
Tustin, CA 92782
7 poi
aue 1 Jaa�r un'ua J U006
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LEM
MEETING DATE: July 18, 2005
DEPARTMENT RECEIVED SUBJECT:
REQUESTING: DATE
Eco Dev 6/20/05 RDA-Evaluate the Progress of the Five Year
Implementation Plan (2002-2007) of the Southeast
Coastal Redevelopment Project
Building 06/27/05 Adoption of the State of California Electrical Code
Planning 06/28/05 CUP 2005-15 (Condo Conversions Master CUP 2) ✓
Econ. Develop. 6/30/05 2005/2006 CDBG/HOME/ADDI ACTION PLAN
City Attorney 6/30/05 Collection of Delinquent Civil Fines for Municipal
Code Violations
TODAY'S DATE June 30, 2005
VERIFIED BY
ADMININSTRATION:
APPROVED BY:
Robert F. Beardsley
Acting Assistant City
Administrator
June 30,2005 3:54 PM
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
NOTICE OF
I am a Citizen of the United States and a ADMINISTRATIVE HEARING,
resident of the County aforesaid; I am BY THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
over the age of eighteen years, and not a VONC► sH HEREBY
that a 'Public _ -
party to or interested in the below entitled Hearing will be held by
the City Council of the
matter. I am a principal clerk of the City of Huntington Beach
in the City Council
Chambers, 2000 Main
HUNTINGTON BEACH INDEPENDENT, Street, Huntington,
Beach, California, 92648
a newspaper of general circulation, the hour of 6:00 p.m.f
printed and published in the City of or as soon thereafter as
y
possible, on ' Monday _
Huntington Beach County of Orange cony 1 -
> > consider the 2°°5 t°he adoption of
State of California, and that attached Proposed Resolution
entitled."A Resolution of '
the City,Council of the
Notice is a true and complete copy as i'-City of Huntington.Beach
Certifying Special As-
was printed and published . in the sessments for Collecting i
Delinquent Civil Fines for -
Huntington Beach issue of said Municipal o I e
Violations." I
A copy of the proposed
newspaper to wit the Issue(s) of. Resolution-is on file in
the City Clerk's Office,
2000 Main Street, Hun- i
tington Beach 92648,for
inspection by the public
on July 14,2005.
An administrative'
hearing is required by
'the Huntington Beach
JULY 7,2005 Municipal- Code 1,18.
Only property owners
are entitled to speak at
an administrative hear-
ing. All other interested:
parties may speak at
regular public comment,
at beginning- of the
rgeeting: Written, com-1
declare, under penalty of perjury, that Couunc t'°may° the Gbe?
mailed to the City Clerk..l
the foregoing is true and correct. The public hearing is
held pursuant to Cali-
fornia Government Code
Section 38773.5 and
Huntington Beach Mu-
Executed on JULY 7,2005 nicipal Code 1.18.150.
Dated:July 7,2005..
at Costa Mesa California. �DF Ht>�To"BEACH
1 Joan L.Flynn,City Clerk
2000 Main Street
iHuntington Beach,CA 92648
Published Huntington
Beach Independent'July
7,2005 071-978,
Signature -
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGEOF
)
I am a Citizen of the United States and a NO
_. HEARING -
resident of the CountyADMINISTRAA TIVETIVE
aforesaid; I am BY THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
over the age of eighteen years, and not a NOTICE IS HEREBY = -'
party to or interested in the below entitled GIVEN that a Public
Hearing will be held by .
matter. I am a principal clerk of the City
city Council of the
it of Huntington Beach
in
HUNTINGTON BEACH INDEPENDENT, the City Council
Chambers, 2000 Main
Street, Huntington
a newspaper of general circulation� Beach, California, 92648, the hour of 6:00 p.m.
printed and published in the City of or as soon thereafter as
possible, on Monday
Huntington Beach, County of Orange, cons der 8, 0 ion o
State of California and that attached proposed Resolution
.entitled"A Resolution of
the City Council of the -
Notice Is a true and complete copy as "City of Huntington Beach
was printed and published ses sme in the Ce meng Special a g
nts for Collecting
Delinquent Civil fines for
Huntington Beach issue of said Municipal Code
Violations."
newspaper to wit the Issue(s) of: A copy of the proposed
Resolution is on file in
the City Clerk's Office,
2000 Main Street, Hun-
tington Beach 92648,for
inspection by the public
on July 14,2005.
An administrative
hearing is required by
the Huntington Beach
JULY 7,2005 Municipal Code 1.18.
(Only- property owners
are entitled to speak at
an administrative hear-
ing. All other interested
parties may speak at
regular public.comment
at beginning of thel
declare, under penalty of perjury, that meeting. Written com-
munications to the City
P tY P 1 ry, Council may also be
mailed to the City.Clerk.
the foregoing is true and correct. The public hearing. is
jheld pursuant to Cali-
fornia Government Code
('Section 38773.5 and
Executed on JULY 7 2005 Huntington Beach
• nicipal Code 1.18.150.
` Dated:July 7,2005
at Costa Mesa, California. CITY OF Big
Joan L.Flynn,�City Clerk -
2000 Main Street
Huntington Beach,CA 92648
Published Huntington
'Beach Independent July
I'7f2005 071-978
Signature
l �
�a
Council/Agency Meeting Held: ,r
Deferred/Continued to:.
Approved ❑ Conditionally Approved ❑ Denied Wa17 it Cle 's Si tune
Council Meeting Date:, 6/20/2005 Depart ID Number: fine 06
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYO CITY COUNCIL MEMBERS `J
SUBMITTED BY: JENNIFER MCGRA ty Attorney -,
SHARI FREIDENRICH, City Treasur
PREPARED BY: JENNIFER MCGRAity Attorney
SUBJECT: Approve Certification of Special Assessments for Delinquent Civil
Fines for Municipal Code Violations —Administrative Hearing r�,to 0 �j �T
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 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.aWS k 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 adopt Resolution No. RODS—4,
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
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 on the following property for
building, construction, zoning and/or health and safety violations:
�-3
REQUEST FOR ACTION
MEETING DATE: 6/20/2005 DEPARTMENT ID NUMBER:fine 06
James Bachelier 6701 Walton Housing / Swimming Pool
Code violations .
Debi Barr 7582 Nancy Housing Code violations
Mark Chavez 9102 Browning Nuisance Code violations
Kenneth Erickson 17892 Quintana Nuisance / Housing Code
violations
Carol File 19432 Bluegill Nuisance Code violations
Mary Lee 2202 Hess Circle Building / Housing /
Plumbing Code violations
Charles Lombardo 17142 Gothard Nuisance Code violations
Michael McGaughey 1815 Alsuna Lane Nuisance Code violations
Jay Photoglou 9392 Portsmouth Drive Zoning / Health Code
violations
Steven C. Perez 20631 Suburbia Lane Nuisance /Zoning Code
violations
Ron Troxel 19801 Estate Circle Building Code violations
Abel Zeidan 126 Main Street#300 Zoning Code violations
The civil fines have not been paid. These citations are identified on Exhibit A to the
Resolution and total $25,489.87. The fine amounts would be levied against the properties,
non-payment of which would incur penalties and would appear as an exception to the 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 the regular public comment portion of the meeting.
Environmental Status: N/A
Attachment(s):
G:WTTYMISMAdministrative Citation\RCM4-05.doc -2- 5/18/2005 5:06 PM
REQUEST FOR ACTION
MEETING DATE: 6/20/2005 DEPARTMENT ID NUMBER:fine 06
City Clerk's
Page Number No. Description
1. Resolution No.aWS 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."
• Y
GAATTYMISCWdministrative Citation\RCA\4-05.doc -3- 5/18/2005 5:06 PM
ATTACHMENT NO . 1
RESOLUTION NO. 2005-41
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 June 20, 2005, which
was properly noticed as required by Government Code section 38773.5, 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.
Atty mist/adminsesolution.3-05 1
Resolution No. 2005-41
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 2 0 th day of June , 2005.
or
R,EpVIEWED AND APPROVED APPROVED AS TO FORM:
City Administrator City ttorney
INITIATED AND APPROVED:
City Wttorney s 2�es
Atty mist/admin.resolution.3-05 2
Resolution No.2005-41
CERTIFICATION OF SPECIAL ASSESSMENTS
OWING TO THE CITY OF HUNTINGTON BEACH
.FOR TRANSMISSION TO COUNTY TAX COLLECTOR
Violation Assessment Owner APN Property Code
Date Amount Address Violation(s)
7/23/04 $250 James/Betsy Bachelier 146-361-37 6701 Walton HBMC 17.08.020.8
7/23/04 $250 James/Betsy Bachelier 146-361-37 6701 Walton HBMC 17.46.050 a 8
James;Bets Bachelier 146-361-37 6701 Walton late fees and char es-TTL$596.55
- .;'.li 3 1 b,.5
d`� •�1:dt�-,, ' ``
1/14/04 $250 Debi L. Barr 142-284-04 7582 Nancy HBMC 17.08.020 UHC 1001.8
Debi L. Barr 142-284-04 7582 Nang late fees and charges-TTL$334.53
:r,...,..is�:..;.+,.2..{re'.5:ur.>.....x•sp: o.oe;rr.",�.,..iy::.rea;'W:..r.>.}ir,..q..r.-w ,, v,.: , ,..rr..::r:yr.!:�✓✓r�,•i.:.:i.>.µ ss.....r'i.:,.an. -�. _
..l: =• r:..x�`z«x'�ih.�.•r+¢M9:r:r,+ .y }•air. :. .- .rc�sh"n:a•.M��;.,777rsm:a.a�e' — 75 "'xn;7 •.Fret,;: ,;q�"!�'�kkY". 7,5>7RA i'�
7/19/04 �$250 Mark Chavez 151-043-11 9102 Browning Dr, HBMC 17.10.050 u
7/19/04 $250 Mark Chavez 151-043-11 9102 Browning Dr. HBMC 17.10.050 z
7/19/04 $250 Mark Chavez 151-043-11 9102 Browning Dr. HBMC 8.48.180
Mark Chavez 151-043-11 9102 Brownie Dr. late fees and charges-TTL$885.42
M'�"' '•,:rs'; � .;si�i°7„`',«�';,«;¢.:i4',ol�'� �.a1:� ''d`x'L:4fiaYe."= �*':�...�;.ru R,��k}t.'- <�rva,,.,,•,��y"a"s,"�`a�`�i� `d"e`vr.,���� �*?.K�a. xr .,�,, �, *.
5/7/04 $250 Audra/Kenneth Erickson 165-354-08 17892 Quintana 17.10.050 1
9/16/04 $250 Audra/Kenneth Erickson 165-354-08 17892 Quintana 17.10.050 m
9/16/04 $250 Audra/Kenneth Erickson 165-354-08 17892 Quintana 17,08.020
Audra/Kenneth Erickson 165-354-08 17892 Quintana late fees and char es-TTL$901.88
rat•u�r „e; .as,..�N'a, g:�y:P .,,e'ir,< e>� '.is.r :aw�'
ss'1'I; :.ti :xtt,-';t�. ..a.,.c. ..,'��:. '''5��; ''x :�??%; „ :}:zs ;,,Fa�':c�.�'.•`s,:•'a:: '��, ::�„'s;�.'3 �a�x.���z`;�5,.•a:'.k
4/15/04 �$250� Carol File �153-393-28 19432 Blue ill HBMC 8.36.010
4/15/04 $250 Carol File 153-393-28 19432 Blue ill HBMC 17.10.050 1
4/15/04 $250 Carol File 153-393-28 19432 Blue ill HBMC 17.10.050
Carol File 153-393-28 19432 Blue ill late fees and char es-TTL$921.45
;.r.».,,;.6: :, ,,. �.H:.rt:ti F ter. :�<:,.: 1.1
a;,rev, .n.a,nm.• 3 �:'eW. sg a, ;., :- P,
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7/1/03 $500 _ Mary Lee 025-121-26 2202 Hess Circle Construction w/o bldpen-nit cD
10/22/04 $1,000 Mary Lee 025-121-26 2202 Hess Circle Construction w/o bldg. pen-nit N
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$1,000 Mary Lee 025-121-26 2202 Hess Circle Improper Occupancy �-'
$1,000 Mary Lee 025-121-26 2202 Hess Circle Hazardous Electrical rt
$1,000 Mary Lee 025-121-26 2202 Hess Circle Hazardous Plumbing/Mechanical N-
0
Mary Lee 025-121-26 2202 Hess Circle late fees and char es-TTL$5135.04
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6/29/04 $250 Charles Lombardo 111-024-21 17142 Gothard HBMC 17.10.050 1 0
6/29/04 $250 Charles Lombardo 111=024-21 17142 Gothard HBMC 17.10.050 m
Charles Lombardo 1 111-024-21 1 17142 Gothard late fees and charges.TTL$602.69 N
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4/14/04 $250 Michael McGaughey 025-132-79 1815 Alsuna HBMC 17.10.050 1
8/11/04 $500 Michael McGaughey 025-132-79 1815 Alsuna HBMC 17,10.050 1
8/11/04 $500 Michael McGaughey 025-132-79 1815 Alsuna HBMC 17.10.050 m
9/2/04 $1,000 Michael McGaughey 025-132-79 1815 Alsuna HBMC 17.10.050 I
9/2/04 $1,000 Michael McGaughey 025-132-79 1815 Alsuna HBMC 17,10.050 m
9/16/044 $1,000 Michael McGaughey 025-132-79 1815 Alsuna HBMC 17.10.050 1
9/16/04 $1,000 Michael McGaughey 025-132-79 1815 Alsuna HBMC 17.10.050 m
Michael McGau he 025-132-79 1815 Alsuna late fees and char es—TTL$6029.98
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10/6/04 $250 Steven C. Perez 155-223-02 20631 Suburbia HBMC 17.10.050
10/6/04 $250 Steven C. Perez 155-223-02 20631 Suburbia HBMC 8,20.060
10/6/04 $250 Steven C. Perez 155-223-02 20631 Suburbia HBZSO 231.04
Steven C. Perez 155-223-02 20631 Suburbia late fees and charges—TTL$855.47
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9/2/04 $250 Jay Photo lou 153-324-12 9392 Portsmouth Dr. HBMC 8.48.180
9/2/04 $250 Jay Photo lou 153-324-12 9392 Portsmouth Dr. HBMC 8.20.060
9/2/04 $250 Jay Photo lou 153-324-12 9392 Portsmouth Dr. HBZO 231,02
Ja Photo lou 153-324-12 9392 Portsmouth Dr. late fees and charges-TTL$868.36
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8/3/04 $250 Ron Troxel 023-571-03 19801 Veladare HBMC 17,02.010
8/3/04 $250 Ron Troxel 023-571-03 19801 Veladare Ex iried permits
9/7/04 $500 Ron Troxel 023-571-03 19801 Veladare HBMC 17,020.010
9/7/04 $500 Ron Troxel 023-571-03 19801 Veladare Ex fried permits
Ron Troxel 023-571-03 19801 Veladare late fees and char es-TTL$1741.89
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3/17/04 $250 Adel M. Zeidan 024-154-01 126 Main HBZSO 211.06
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3/17/04 $250 Adel M. Zeidan 024-154-01 126 Main HBZSO 232.04 w
4/26/05 $500 Adel A Zeidan 024-154-01 126 Main HBZSO 211.06
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4/26/05 $500 Adel M. Zeidan 024-154-01 126 Main HBZSO 232,04
5/12/04 $1,000 Adel M. Zeidan 024-154-01 126 Main HBZSO 211.06
5/12/04 $1,000 Adel M. Zeidan 024-154-01 126 Main HBZSO232,04
5/25/04 $1,000 Adel M. Zeidan 024-154-01 126 Main HBZSO 211.06 z
5/25/05 $1,000 Adel M. Zeidan 024-154-01 126 Main HBZSO 232.04 0
Adel M. Zeidan 024-154-01 126 Main late fees and charges-TTL$6616.61
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Attymisc/admin cite/rca/assessment chart 2
Res. No. 2005-41
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 an regular meeting thereof held on the 20th day of
June, 2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Cook
NOES: Bohr
ABSENT: None
ABSTAIN: None
Cit Jerk and ex-officio #rk of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Special Assessments for
Collecting Delinquent Civil Fines
COUNCIL MEETING DATE: June 20, 2005
MENSTATUS
"k'�' T 1C MI
Ordinance (w/exhibits & legislative draft if applicable) Attached El
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Appli able El
Tract Map, Location Map and/or other Exhibits Attached El
Not Applicable E
Attached El
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorney)
Attached El
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Certificates of Insurance (Approved by the City Attomey) Attached El
Not Applicable
❑
Fiscal Impact Statement (Unbudget, over $5,000) Atta Not ched
Applicable
❑
Bonds (if applicable) Attached
Not Applicable
❑
Staff Report (If applicable) Attached
Not Ap licable
Commission, Board or Committee Report If applicable) Attached
❑
Not Applicable
Find ings/Cond itions for Approval and/or Denial Attached El
Not Applicable
EXPLANATION X�OR-,F MISSING A T T A C H M E NT WA -0:
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R ROE V,"R",F,10,1 Esix
Administrative Staff UA-
Assistant City Administrator (Initial) 0�2�
City Administrator (Initial)
City Clerk
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in the Properties for vehicular and pedestrian traffic over the private streets and walkways within
the Common Area, subject to the parking provisions set forth in Section 10.5 hereof.
2.3. Easements for Public Service Use.
In addition to the foregoing easements over the Common Area, Declarant hereby reserves
easements over the Properties for public services of the City, including but not limited to, the
right of law enforcement and fire protection personnel to enter upon any part of the Properties for
the purpose of carrying out their official duties.
2.4. Waiver of Use.
No Owner may exempt himself from personal liability for assessments duly levied by the
Association, nor release his Lot from the liens and charges hereof, by waiving the use and
enjoyment of the Common Area or any facilities thereon or by abandonment of such Owner's
Lot.
2.5. Easements for Water and Utility PuEposes.
In addition to the foregoing easements over the Common Area, Declarant hereby reserves
easements over the Properties for public and private utility purposes, including but not limited to,
the right of any public utility or mutual water district of ingress or egress over the Common Area
for purposes of reading and maintaining meters, and using and maintaining fire hydrants located
in the Properties.
2.6. Taxes.
Each Owner shall take such action as the Association may reasonably specify to obtain separate
real estate tax assessment of-each Lot. If any taxes or assessments may, in the Association's
opinion, become a lien on the Common Area or any part thereof, the Association may pay them
as a Common Expense.
2.7. Easement for Declarant Over Common Area.
Declarant hereby expressly reserves for its benefit, for the benefit of its agents, employees and
contractors, and for the benefit of its successors and assigns, a nonexclusive easement in, to, and
over the Common Area for access, ingress, egress, use and enjoyment, in order to show the
Properties to its prospective purchasers, or to develop, market, sell, lease or otherwise dispose of
the Properties. Such easement shall continue for so long as Declarant owns any Lot in the
Properties.
2.8. Easement-Association Maintenance Areas.
Declarant hereby expressly reserves for the benefit of the Association an easement over the
Association Maintenance Areas for maintenance thereof and over the Lots for access, ingress and
egress necessary to such maintenance. Subject to the procedures described in Article VIII hereof,
no Owner may interfere with the Association's exercise of its rights under the easement reserved
in this Section. In addition, no Owner may alter or remove the Improvements on the Common
Area or the Association Maintenance Areas.
-9-
I:\DOC S\JML314\28153\000\CCRS\378139.01
8/17/00
be appointed by a court, and without regard to the adequacy of any security for the indebtedness
secured by the lien described herein, (a) enter in or upon and take possession of the Lot or any
part thereof, (b) in the Association's name sue for or otherwise collect such rents, issues and
profits, including those past due and unpaid, and (c)'apply the same, less allowable expenses of
operation, to any delinquencies of the Owner hereunder, and in such order as the Association
may determine. The entering upon and taking possession of the Lot, the collection of rents,
issues and profits and the application thereof, shall not cure or waive any default or notice of
default hereunder or invalidate any act done pursuant to such notice
7.9. Alternative Dispute Resolution.
Disputes between an Owner and the Association regarding the assessments imposed by the
Association may be submitted to alternative dispute resolution in accordance with Civil Code
Section 1354 if such Owner pays in full (i)the amount of the assessment in dispute, (ii) any late
charges, (iii) any interest, and (iv) all fees and costs associated with the preparation and filing of
a Notice of Delinquent Assessment(including mailing costs and attorneys fees not to exceed four
hundred twenty-five dollars ($425), and states by written notice that such amount is paid under
protest, and the written notice is mailed by certified mail not more than thirty (30) days from the
Recording of a Notice of Delinquent Assessment. Upon receipt of such written notice, the
Association shall inform the Owner in writing that the dispute may be resolved through
alternative dispute resolution as set forth in Civil Code Section 1354.
The right of any Owner to utilize alternative dispute resolution under this Section may
not be exercised more than two times in any single calendar year, and not more than three times
within any five calendar years. Nothing within this section shall preclude any Owner and the
Association, upon mutual agreement, from entering into alternative dispute resolution in excess
of the limits set forth herein. An Owner may request and be awarded through alternative dispute
resolution reasonable interest to be paid by the Association in the total amount paid under items
(i)through (iv) above, if it is determined that the assessment levied by the Association was not
correctly levied.
ARTICLE VIII
8. Architectural Control.
8.1. Members of Committee.
The Architectural Review Committee, sometimes referred to herein as the"ARC," shall be
composed of three (3) members. The initial members of the ARC shall be representatives of
Declarant until one (1) year after the original issuance of the Final Subdivision Public Report
("Public Report") for the Properties ("First Anniversary"). After the First Anniversary the Board
may appoint and remove one(1) member of the ARC, and Declarant may appoint and remove a
majority of the members of the ARC and fill any vacancy of such majority, until the earlier to
occur of(a) Close of Escrow for the sale of six (6)Lots in the Properties, or(b)the second
anniversary of the original issuance of the Public Report for the Properties, after which the Board
may appoint and remove all of the members of the ARC. ARC members appointed by the Board
-23-
I:\DOCSUML314\28153\000\CCRS\378139.01
8/17/00
must be Members, but ARC members appointed by Declarant need not be Members. The ARC
has the right and duty to promulgate reasonable standards against which to examine any request
made pursuant to this Article in order to ensure that the proposed plans conform harmoniously to
the exterior design and existing materials of the buildings in the Properties. Board members may
also serve as ARC members.
8.2. Review of Plans and Specifications.
The ARC shall consider and act upon all plans and specifications submitted for its approval
under this Declaration and perform such other duties as the Board assigns to it, including
inspection of construction in progress to assure conformance with plans approved by the ARC.
No construction, installation or alteration of an Improvement, including landscaping, in the
Properties may be commenced or maintained until the plans and specifications therefor showing
the nature, kind, shape, height, width, color, materials and location thereof have been submitted
to and approved in writing by the ARC; provided, however, that any Improvement may be
repainted without ARC approval so long as the Improvement is repainted-the identical color
which it was last painted. Without limiting the generality of the foregoing, the provisions of this
Article VIII apply to the construction, installation and alteration of solar energy systems, as
defined in Section 801.5 of the California Civil Code, subject to the provisions of California
Civil Code Section 714, the City Building Code, applicable zoning regulations, and associated
City ordinances. The Owner submitting the plans and specifications ("Applicant") shall obtain a
written, dated receipt therefor from an authorized agent of the ARC. Until changed by the Board,
the address for submission of such plans and specifications is the Association's principal office.
The ARC shall approve plans and specifications submitted for its approval only if it determines
that (a)the installation, construction or alterations contemplated thereby in the locations
indicated will not be detrimental to the appearance of the surrounding area of the Properties as a
whole, (b) the appearance of,any structure affected thereby will be in harmony with the
surrounding structures, (c)the installation, construction or alteration thereof will not detract from
the beauty, wholesomeness and attractiveness of the Common Area and Association
Maintenance Areas or the enjoyment thereof by the Members, and (d)the maintenance thereof
will not become a burden on the Association. Declarant and any Person to whom Declarant may
assign all or a portion of its exemption hereunder are not required to obtain ARC approval of any
Improvements constructed on the Properties by Declarant or such Person.
The ARC may condition its approval of proposals or plans and specifications for any
Improvement upon any of the following: (1) the Applicant's furnishing the Association with
security acceptable to the Association against any mechanic's lien or other encumbrance which
may be Recorded against the Properties as a result of such work, (2) such changes therein as it
deems appropriate, (3)the Applicant's agreement to grant appropriate easements to the
Association for the maintenance of the Improvements, (4)the Applicant's agreement to install (at
its sole cost)water, gas, electrical or other utility meters to measure any increased consumption,
(5) the Applicant's agreement to reimburse the Association for the cost of such maintenance, or
(6)the Applicant's agreement to complete the proposed work within a stated period of time, and
may require submission of additional plans and specifications or other information prior to
approving or disapproving material submitted. The ARC may also issue Design Guidelines
-24-
I:\DOC SUML314\28153\000\CC RS\378139.01
8/17/00
setting forth standards, specifications and procedures for the submission of plans for approval,
requiring a fee to accompany each application for approval, or stating additional factors which it
will consider in reviewing submissions. The ARC may provide that the amount of such fee be
uniform, or that it be determined in any other reasonable manner, such as by the reasonable cost
of the construction, alterations or installations contemplated. The ARC may require such detail
in plans and specifications submitted for its review as it deems proper, including, without
limitation, landscape plans, floor plans, site plans, drainage plans, elevation drawings and
descriptions or samples of exterior material and colors. Until receipt by the ARC of any required
plans and specifications, the ARC may postpone review of any plans submitted for approval.
The ARC shall transmit its decision and the reasons therefor to the applicant at the address set
forth in the application for approval within forty-five (45) days after the ARC receives all
required materials. Any application submitted pursuant to this Section 8.2 shall be deemed
approved unless the ARC transmits written disapproval or a request for additional information or
materials to the Applicant within forty-five (45) days after the date the ARC receives all required.
materials. The Applicant shall meet any review or permit requirements of the City prior to
making any construction, installation or alterations permitted hereunder.
8.3. Meetings of the ARC.
The ARC shall meet as necessary to perform its duties. The ARC may, by resolution
unanimously adopted in writing, designate an ARC representative (who may, but need not, be
one of its members)to take any action or perform any duties for and on behalf of the ARC except
the granting of variances pursuant to Section 8.8. In the absence of such designation, the vote or
written consent of a majority of the ARC constitutes an act of the ARC.
8.4. No Waiver of Future Approvals.
The ARC's approval of any proposals or plans and specifications or drawings for any work done
or proposed or in connection with any other matter requiring the ARC's approval does not waive
any right to withhold approval of any similar proposals, plans and specifications, drawings or
matters subsequently or additionally submitted for approval.
8.5. Compensation of Members.
The ARC's members shall receive no compensation for services rendered, other than
reimbursement for expenses incurred by them in performing their duties.
8.6. Inspection of Work.
The ARC or its duly authorized representative may inspect any work for which approval of plans
is required under this Article VIII ("Work").— The right to inspect includes the right to require
any Owner to take such action as may be necessary to remedy any noncompliance with the
ARC-approved plans for the Work or with the requirements of this Declaration
("Noncompliance").
(a) Time Limit. The ARC's right to inspect the Work and notify the
responsible Owner of any Noncompliance shall terminate sixty (60) days after the
Work has been completed and the ARC has received written notice from the
-25-
IADOCS\JMI314\28153\000\CCRS\378139.01
8/17/00
Owner that the Work has been completed. If the ARC fails to send a notice of
Noncompliance to an Owner before this time limit expires, the Work shall be
deemed to comply with the approved plans.
(b) Remedy. If an Owner fails to remedy any Noncompliance within
sixty (60) days from the date of notification from the ARC, the ARC shall notify
the Board in writing of such failure. Upon Notice and Hearing, the Board shall
determine whether there is a Noncompliance and, if so, the nature thereof and the
estimated cost of correcting or removing the same. If a Noncompliance exists, the
Owner shall remedy or remove the same within a period of not more than
forty-five (45) days from the date that notice of the Board ruling is given to the
Owner. If the Owner does not comply with the Board ruling within that period,
the Board may Record a Notice of Noncompliance and commence a lawsuit for
damages or injunctive relief, as appropriate, to remedy the Noncompliance.
8.7. Scope of Review.
The ARC shall review and approve, conditionally approve or disapprove all plans submitted to it
for any proposed construction, installation or alteration solely on the basis of aesthetic
considerations, consistency with this Declaration, and the overall benefit or detriment which
would result to the immediate vicinity and the Properties generally. The ARC shall consider the
aesthetic aspects of the architectural designs, placement of buildings, landscaping, color
schemes, exterior finishes and materials and similar features. The ARC's approval or
disapproval shall be based solely on the considerations set forth in this Article VIII. The ARC is
not responsible for reviewing, nor may its approval of any plan or design be deemed approval of,
any plan or design from the standpoint of structural safety or conformance with building or other
codes.
8.8. Variance.
The ARC may authorize variances from compliance with any of the architectural provisions of
this Declaration, including without limitation, restrictions upon height, size, floor area or
placement of structures, or similar restrictions, when circumstances such as topography, natural
obstructions, hardship, aesthetic or environmental consideration may require. Such variances
must be evidenced in writing, must be signed by a majority of the ARC, and become effective
upon Recordation. After Declarant has lost the right to appoint a majority of the ARC'.s
members, the Board must approve any variance recommended by the ARC before any such
variance becomes effective. If such variances are granted, no violation of the covenants,
conditions and restrictions contained in this.Declaration shall be deemed to have occurred with
respect to the matter for which the variance was granted. The granting of such a variance does
not waive any of the terms and provisions of this Declaration for any purpose except as to the
particular property and particular provision hereof covered by the variance, nor does it affect the
Owner's obligation to comply with all applicable governmental ordinances affecting the use of
his Lot and Residence.
-26-
IADOC SUM L314\28153\000\CCRS\378139.01
8/17/00
8.9. . Appeals.
For so long as Declarant has the right to appoint and remove a majority of the ARC's members,
the ARC's decisions are final, and there is no appeal to the Board. When Declarant is no longer
entitled to appoint and remove a majority of the ARC's members, the Board may adopt policies
and procedures for the appeal of ARC decisions to the Board. The Board has no obligation to
adopt or implement any appeal procedures, and in the absence of Board adoption of appeal
procedures, all ARC decisions are final.
ARTICLE IX
9. Maintenance and Repair Obligations.
9.1. Maintenance Obligations of Owners.
Each Owner shall, at the Owner's sole expense, subject to the provisions of this Declaration
requiring ARC approval, maintain, repair, replace and restore all Improvements located on the
Owner's Lot and the Lot itself(except for any Association Maintenance Areas), in a neat,
sanitary and attractive condition. Such maintenance responsibilities include, but are not limited
to, the maintenance of the entire Residence on the Lot, as well as any methane ventilation
equipment described in Section 15.19 and the surface of the Property Wall facing the Owner's
Lot. If the Board does not adopt an inspection and preventive program with regard to
wood-destroying pests and other organisms pursuant to Section 9.2 herein, such a program is the
responsibility of each Owner. In addition, each Owner whose Lot utilizes a private drainage
system installed by Declarant is responsible for its maintenance and repair. Each Owner whose
Lot utilizes a sewer system lateral is responsible for the maintenance and repair of that portion of
the lateral which exclusively-serves such Owner's Lot. If any Owner permits any Improvement
which such Owner is responsible for maintaining, to fall into disrepair or to become unsafe,
unsightly or unattractive, or to otherwise violate this Declaration, the Board may seek any
remedies at law or in equity which it may have. In addition, the Board may, after Notice and
Hearing, enter upon such Owner's Lot to make such repairs or to perform such maintenance and
charge the cost thereof to the Owner. Said cost shall be a Special Assessment enforceable as set
forth herein.
9.2. Maintenance Obligations of Association.
After the completion of the construction or installation of the Improvements on the Common
Area and Association Maintenance Areas by.Declarant, no Improvement, excavation or work
which in any way alters the Common Area or Association Maintenance Areas may be made or
.done by any person other than the Association or its authorized agents. Unless otherwise
expressly provided in this Declaration, upon commencement of Annual Assessments on the Lots
in the Properties the Association shall maintain, paint, repair and replace all completed
Improvements within the Common Area and Association Maintenance Areas, including private
streets, access gates, and related facilities, landscaping, slope plantings, irrigation systems,
sewers and storm drains, and shall likewise provide for commonly metered utilities serving the
Common Area and Association Maintenance Areas. The Association shall also maintain: (a) all
wrought iron or glass portions of the Property Wall, (b) its cap and structural integrity, and
-27-
I:\DOC S\JML314\28153\000\CCRS\378139.01
8/17/00
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NOTICE OF ADMINISTRATIVE HEARING
BY THE CITY COUNCIL CITY OF HUNUNGTON 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 6:00 p.m. or as soon
thereafter as possible, on Monday June 20, 2005 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 on June 16, 2005.
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:
CITY OF HUNTINGTON BEACH
Joan L. Flynn, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Atty misc/admin cite/public notice
Impression antibourrage et a s6chage rapid,- www.avery.com a A%MRYO 51620
Utillsez le gabarit 516219 1-800-GO-AVERY
James Coleman
20072 Crown Reef Lane
Huntington Beach, CA 92646
Michael Greenwood
17222 Gothard Street, #A
Huntington Beach, CA 92647
Power Group Associates
19881 Bushard Street
Huntington Beach, CA 92646
Christine lzumi
8222 Katherine Drive
Huntington Beach, CA 92648
Hui-Ping Tsai
12920 Pollard Avenue
Tustin, CA 92782
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MEETING DATE: June 20, 2005
DEPARTMENT RECEIVED SUBJECT:
REQUESTING: DATE
City Attorney 5/24/05 Special Assessment for Collecting Delinquent
Civil Fines
TODAY'S DATE May 24, 2005
VERIFIED BY
ADMININSTRATION:
APPROVED BY:
Robert F. Beardsley
Acting Assistant City
Administrator
5/24/2005 9:05 AM
NOTICE OF ADMINISTRATIVE HEARING
BY THE CITY COUNCIL CITY OF HUNTINGTON /ACH
NOTICE IS HEREBY GIVEN that a Public Hearin will be held by the City
Council of the City of Huntington Beach in the City uncil Chambers, 2000 Main
Street, Huntington Beach, California, 92648 at th hour of 6:00 p.m. or as soon
thereafter as possible, on Monday June 20, 2 05 to consider the adoption of
proposed Resolution entitled "A Resolution o the City Council of the City of
Huntington Beach Certifying Special Assess ents for Collecting Delinquent Civil
Fines for Municipal Code Violations."
A copy of the proposed Resolution is on ile in the City Clerk's Office, 2000 Main
Street, Huntington Beach 92648, for in ection by the public.
An administrative hearing is requir d by the Huntington Beach Municipal Code
1.18. Only property owners are e itled to speak at an administrative hearing. All
other interested parties may spe at regular public comment at beginning of the
meeting. Written communicati ns to the City Council may also be mailed to the
City Clerk.
The public hearing is hel pursuant to California Government Code Section
38773.5 and Huntington B ach Municipal Code 1.18.150.
Dated:
CITY OF HUNTINGTON BEACH
Joarhlynn, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Atty misc/admin cite/public notice
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
NOTICE OF ADMINISTRATIVE
I am a Citizen of the United States and a HEARING BY THE CITY
' COUNCIL CITY OF
resident of the County aforesaid; I am HUNTINGTON BEACH
over the age of eighteen .years, and not a GINOTICE IS HEREBY
VEN that a, Public
party to or interested in the below entitled I Hearing will be held by
the City Council Hof the'
a City of Huntington Beach
matter. I am a principal clerk of the in the City Council:
HUNTINGTON B Street Huuntinti
EACH INDEPENDENT, Chambers, Main
, Main
Beach, California, 92648
a newspaper of general circulation, at the hour of eaft p.m.
or as soon thereafter as
printed and published in the City of possible, on ,Monday
Huntington Beach, County of Orange, June 20,. 2005 to con
Sider the adoption of
State of California and that attached proposed Resolution
t ' entitled "A Resolution of
Notice is a true and complete copy as the.City Council of the
City of.Huntington Beach I
Certifying Special. As-
was printed and published in the sessments for Collecting i
Delinquent,Civil Fines for
Huntington Beach issue of said Municipal Code.;
Violations.'
newspaper to wit the.Issue(s) of: A copy of the proposed
i Resolution is on file in
the City: Clerk's Office,
2000 Main Street, Hun-
tington Beach 92648,for
inspection by the public
on June 16,2005.
JUNE 9 2005 An administrative
i hearing is required by
the Huntington Beach
Municipal Code, 1.18.
Only property owners
are entitled to speak at j
an administrative hear-
ing. All other interested j
parties may speak at ,
regular public.comrHe_��
"At tieginoing V'`lTi"e
declare, under penalty of perjury, that meeting. Written com
munications to the City
Council may also be
the foregoing is true and correct. mailed to the City Clerk.
The-public hearing is
held pursuant to Cali- ,
fornia Government Code
Section 38773.5 and
,
Executed on JIINE 9,2005 Huntington Beach Mu-
nicipal Code 1.18.150 j
CITY OF . •
at Costa Mesa, Califomia. HUNTINGTON BEACH,
Joan L.Flynn,City
Clerk,2000 Main
Street,Huntington
Beach,CA 92648
Published Huntington f
Beach Independent June l
9,2005 062-848 ;
Signature -
--.
- .. - ---
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a NOHEARINGTICE OF BY THE CITY ADMINISTRATIVE
' NEARING BY THE CITY
resident of the County aforesaid; I am i (OUN(IL CITY OF
CH
over the age of eighteen.years, and not a HU GN
NOTICE CE IS ON HEREBY
party to or interested In the below entitled GIVEN that a Public
Hearing will be held by
matter. I am a principal clerk of the j City City Council of the'
Cit of Huntington Beach
HUNTINGTON BEACH INDEPENDENT, C the City Council
Chambers, 2000 Main
Street, Huntington
Beach, California;92648
a newspaper of general circulation, at the hour of 6:00 p.m.
printed and published in the City of or as soon thereafter as'.
possible, 'on ,Monday;
Huntington Beach, County of Orange, June 20, 2065 to�con-
sider the adoption of
State of California, and that attached. proposed Resolution'
Notice is a true and complete copy as entitled"A Resolution of
the City Council of,the
City of Huntington Beach
was printed and published in the 'Certifying Special As-
sessments for Collecting
Huntington Beach issue of said Delinquent Civil Fines for
Municipal - Code
newspaper to wit the Issue(s) of. Violations A copy of
the proposed
Resolution is on file in
the City Clerk's Office,,
2000 Main Street, Hun-
tington Beach 92648,for
inspection by the public
on June 16,2005.
JUNE 9,2005 An administrative
j hearing is required by
the, Huntington Beach
Municipal Code, 1.18.
Only property owners
are entitled to speak at
an administrative hear-
ing. All other interested
parties may speak at
regular public cpmment
at, beginning of `'th`e
I declare, under penalty of perjury, that meeting. Written com-
munications to the City
Council may, also be
the foregoing is true and correct. mailed to the City'Clerk.
The public hearing is
held pursuant to Cali-
fornia Government Code
I Section 38773.5 and -
Executed on JuJNE 9,2005 I Huntington Beach Mu-
nicipal Code 1.18.150
at Costa Mesa Califomia. CITY OF
i HUNTINGTON BEACH,
Joan L.Flynn,City
Clerk,2000 Main
Street,Huntington
y Beach,CA 92648
/ JT Published Huntington
Beach,lndependent June
Signature 9,2005 062-848 i
City of Huntington Beach : '. S' 012i t
Office of the City Clerk ADDRESS W U)
P.O. Box 190 SERVICE
$0(
Huntington Beach, CA 92648 f- !a 06/0
REQUESTED
Mailed Fr,
us PC
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�14UMark Becknauld P Or KrJ oi•�vrd pet
17432 Marken -T'�f"5 p V2 S'S
�pNSINGTpy Huntington Beach, CA 92647
BECK406 926051024 1305 04 06/2
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RETURN TO SENDER
LEGAL NOTICE - PUB �I��ING r_
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City of Huntington Beach % 012H16209932
Office of the City Clerk ADDRESS LU
P.O. Box 190 0: 5 1 $00.352
SEROCE
Huntington Beach, CA 92648 15 07/07/2005
L x Mailed A
ix . From 92648
REQUESTED IL a:
W
US POSTAGE
A A 'I n
PPower Gr p Associates
up l
19881 Bus rd Street
j
Huntington each, CA 92646
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