HomeMy WebLinkAboutAdopt Resolution No. 2016-51 approving the certification of yo 7-o
Dept. ID FN16-007 Page 1 of 2
Meeting Date: 7/18/2016
i
CITY OF HUNTINGTON BEACH
d � & REQUEST FOR. CITY COUNCIL ACTION
F.
MEETING DATE: 7/18/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Lori Ann Farrell Harrison, Chief Financial Officer
SUBJECT: Adopt Resolution No. 2016-51 approving the certification of Special
Assessments for delinquent Civil Fines for Municipal Code Violations
Statement of Issue:
As part of an annual process, the City records notices of special assessment against private
property for the value of unpaid civil fines plus interest and penalties pursuant to Ordinance
No.3397 adopted by the City on June 15, 1998. City Council approval is required in order to meet
the filing deadline with the County of Orange.
Financial Impact:
The total amount of assessments included in this action equals $140,236.27. Should these special
assessments be placed on the property tax rolls, these monies will be deposited in the General
Fund for Fiscal Year 2016/17.
Recommended Action:
Adopt Resolution No. 2016-51, "A Resolution of the City Council of the City of Huntington Beach
Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of the
Municipal Code."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
In June 1998, the 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 60 days past due. In addition, all
hearing or appeal rights of the cited persons have been exhausted.
For each of the properties being considered for placement of a lien, staff verified that the owners
received proper notification of the violations, citations, notification of the outstanding fines and fees
due, and of the potential for placement of a lien on their property for non-payment of the
outstanding fines and fees. Property owners also received invoices for the outstanding fines and
fees and were provided the opportunity to make payment arrangements.
HB -45- Item 5. - I
Dept. ID FN16-007 Page 2 of 2
Meeting Date: 7/18/2016
Civil fines identified on "Exhibit A" to this Resolution have not been paid. The fine amounts will be
levied against the properties, non-payment of which will incur penalties and will appear as an
exception to the title on a title report at the 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.
There is a large assessment identified on "Exhibit A." The total of $105,988.50 relates to fines,
penalties, and interest related to code enforcement action against a medical marijuana
establishment operating illegally within the City.
It must be noted that all of the assessments contained on "Exhibit A," including the largest, were
part of Resolution 2015-35 approved by the City Council on July 20, 2015, and submitted to the
County of Orange for inclusion on the tax roll. However, the County did not process the
assessments for Huntington Beach and other cities last year citing technical discrepancies, hence,
that total amount went uncollected. We are pleased to report that on May 25, 2016, the Orange
County Auditor-Controller announced that the County has reinstated the policy allowing taxing
entities to include unpaid administrative fines or costs on the 2016-17 tax rolls. The assessments
still remaining from Resolution 2015-35 total $140,125.17 as contained in Exhibit A.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Strengthen Economic and Financial Sustainability.
Attachment(s):
1. Resolution No. 2016-51, "A Resolution of the City Council of the City of Huntington Beach
Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations
of the Municipal Code."
Item 5. - 2 HB -46-
RESOLUTION NO. 2016-51
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL
ASSESSMENTS FOR COLLECTING DELINQUENT CIVIL FINES
FOR NUISANCE VIOLATIONS OF THE MUNICIPAL CODE
WHEREAS, the City Council has adopted Huntington Beach Municipal Code
1.18, which provides that any violation of its Municipal Code shall constitute a nuisance;
and
Authorizes the issuance of administrative citations that impose civil fines upon
persons who commit property-related nuisance violations of the Municipal Code; and
Certain administrative citations have been issued for such property—related
nuisance violations and civil fines imposed thereby have not been paid by the responsible
persons who committed the Municipal Code violations; and
Section 1.18.150 of the Municipal Code provides that any unpaid delinquent civil
fines, interest and penalties may be recovered as such a nuisance abatement lien or
special assessment against the property of the responsible person who is the owner of the
property where the violations occurred; and
To compel code compliance, the City may seek to abate the nuisance and collect
the costs incurred by means of a nuisance abatement lien and/or special assessment
against the property where a property-related violation occurred as part of the nuisance
abatement procedures authorized by Government Code Section 38773.5; and
The City Council wishes to certify certain property-related nuisance abatement
fines, interest and penalties as delinquent and have them collect as special assessments
against the real property involved.
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
1. 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 1.18.150 C.
2. 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 C and Government Code Section
38773.5.
RLS 6/27/16/16-5326/139085/DO 1
RESOLUTION NO. 2016-51
3. Pursuant to such authority, the Director of Finance 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.
4. The Director of Finance 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 qouncil of the City of Huntington Beach
at a regular meeting thereof held on the r day of .. ,
2016.
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REVIE D APPROVED: APPROVED AS RM:
ity Manager City Attorney Qya ko
1NITIAT D AND APPROVED:
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Chief Financial Officer
RLS 6/27/16/16-5326/139085/DO 2
EXHIBIT A
Dates/Fine
Amount(s)/Total
(w/late fees&
Property Address Owner charges) Violation(s) APN Number
15651 Container Ln Bisson Holdings LLC 8/21/13$1,000 17.04,020;CBC 110
Huntington Beach,CA 11/13/1 $1,000 17.04.036 CBC 111.1
92649 Total$2 830.12 145-461-07
219 Portland Huntington Richard F.Carroll 9/7/12$500.00 17.10.050
Beach, CA 92648 Total$1 066.16 025-041-22
19032 Mathew Huntington Cary Cavalieri 11/5/13$250 17.10.050(a)
Beach,CA 92646 Total$378.46 153-362-37
Greg M.Cox 5/15/12$250 17.04.020; CBC 105
9/24/12$500 17.04,020; CBC 110
5/13/13$1,000 17.04.036;CBC 111.1
9/20/13$1000
1/13/14 $1,000
17152 Palmdale Total$4,009.91 111-023-23
Crista Palma Trust 6691 6/14/12$250 17.04.020;CBC 110
6691 Crista Palma Dr 2/28/13$500 17.04.020;CBC 105
Huntington Beach, CA 10/10/13$1,000
92647 Total$1 935.34 165-161-01
Harry Derderian 6/24/13$500 210.04
6091 Shelly Dr Huntington 8127/13$1,000 230.12
Beach,CA 92647 Total$1 836.63 145-324-22
8101 Newman#D Galaxy Investments,Inc 10/24/13$250 17.04.020;CBC 110
Huntington Beach, CA Total$382.63 17.04.036 CBC 111.1
92647 167-471-20
Jamie Swaim Harrison 2/28/13$1,000 17.04.020;CBC 116
3/14/13$2,000 17.04.036;CBC 111.1
3/15/13$4,000 17.04.020;CBC 110
3/19/13$4,000
3/20/13$4,000
3/21/13$4,000
3/22/13$4,000
3/25/13$4,000
3/27/13$4,000
3/28/13$4,000
4/1/13$4,000
4/2/13$4,000
4/3/13$4,000
4/4/13$4,000
4/5/13$4,000
4/9/13$4,000
4/10/13$4,000
4/11/13$4,000
4/16/13$4,000
4/17/13$4,000
4/18/13$4,000
4/19/13$4,000
4/23/13$4,000
4/29/13$4,000
5/2/13$4,000
5/7/13$4,000
17191 Pacific Coast Hwy 5/8/13$4,000
Huntington Beach,CA 5/29/13$4,000
90742 Total$106,988.60 178-551-16
William McDonald 11/21/13$250 17.10.050(i)
16301 Fairway Ln 1/14/14$500
Huntington Beach,CA 2/7/14$1,000
92648 Total$2 404.96 146-124-06
8131 La Palma Dr Maged S.Nessim 3/1/12$1,500 17.10.050
Huntington Beach,CA Total$3,991.60
92646 157-343-24
Mary C. Nutt 4/3/13$1,500 17.10.050(u)(z)(p)
4/22/13$3,000
16381 Whittier Ln 7/29/14$3,000
Huntington Beach,CA 8/22/14$3,000
92647 Total$11 679.70 146-564-11
2016-2017 Lien List detail Council 6-30-16.xls
EXHIBIT A
Dates/Fine
Amount(s)lTotal
(w/late fees&
Property Address Owner charges) Violation(s) APN Number
15921 Pilgrim Cir Frank Proctor III 8/19/13$250 17.04.020;CBC 110
Huntington Beach, CA 10/17/13$500 17.04.020; CBC 105
92647 Total$429.63 145-103-23
6030 Warner Ave Sparks Enterprises 9/23/13$250 17.04.20; CBC 110
Huntington Beach, CA Total$369.35 17.04.036;CBC 111.1
92647 110-301-36
Sunny Investments LLC 3/4/14$1,000 17.04.020;CBC 109.1
18477 Beach BI Huntington Total$1,111.02 17.04.020;CBC 105.1
Beach,CA 92648 159-031-10
Jenny Tien 9/19/13$500 17.04.020;CBC 110
7652 Slater#6 Huntington 1/27/14$1,000 17.04.020;CBC 105
Beach, CA 92647 1 Total$1 711.29 17.04.36; CBC 111.1 1 939-33-043
2016-2017 Lien List detail Council 6-30-16.xls
Res. No. 2016-51
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, 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 July 18, 2016 by the
following vote:
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California