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Home My WebLink AboutAdopt Resolution No. 2017-36 approving the Certification of Dept. ID FN17-013 Page 1 of 2 Meeting Date: 7/17/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 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. 2017-36 approving the Certification of Special Assessments for Delinquent Civil Fines for Municipal Code Violations Statement of Issue: Each year 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 Council 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 $1,473,396.04. Should these special assessments be placed on the property tax rolls and subsequently collected, these monies will be deposited in the General Fund in Fiscal Year 2017/18. Recommended Action: Adopt Resolution No. 2017-36, "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. These 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 -7 t- Item 10. - I Dept. ID FN17-013 Page 2 of 2 Meeting Date: 7/17/2017 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. All assessments identified on "Exhibit A" represent fines, penalties, and interest related to code enforcement action against medical marijuana establishments operating illegally within the City. Environmental Status: Not Applicable. Strategic Plan Goal: Strengthen Economic and Financial Sustainability. Attachment(s): 1. Resolution No. 2017-36, "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 10. - 2 RB -72- RESOLUTION NO. 2017-36 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. 1 17-5894/161172/mv RESOLUTION`NO. 2017-36 3. Pursuant to such authority, the Chief Financial Officer 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 Chief Financial Officer 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 thereof held on the 17th day of July , 2017. m. Mayor REVIE D APPROVED: APPROVED A FORM: ity Manager ttYAtf6rne `' ITIATED AND APPROVED: Chief Financial Officer 2 17-5 894/161172/mv Resolution No. 2017-36 Special Assessments Dates/Fine Amount(s)/Total (w/late fees& Property Address Owner charges) Violation(s) APN Number Ruth Clayton 10/26/15$2,000 17.10.050(a)(c)(d)(e)(x); 153-051-14 10/27/15$4,000 17:04'.036;250 204.18; 11/1'8115$8;000 "25&215 04 11/23/15$8,000 12/16/16$2,000 12/19/16$4,000 12/20/16$8,000 19480 Beach BI.Huntingrton 12/21/16$8,000 Beach,CA 92648 02/07/17$8,000 02/08/17$8,000 02/09/17$8,000 02/10/17$8,000 02/13/17$8,000 02/14/17$8,000 02/15/17$8,000 02/16/17$8,000 Total$116 806.08 Tien and Vant Vu 09/12/16$2,250 17.10.050(a)(c)(d)(e)(x); 165-312-17 09/13/16$4,500 17.04.036;250 204.18: 09/14/16$9,000 250 215.04 09/15/16$9,000 09/19/16$9,000 09/20/16$9,000 09/21/16$9,000 09/22/16$9,000 09/23/16$9,000 09/26/16$9,000 17685 Beach BL Huntington 09/27/16$9,000 Beach, CA 92647 09/26/16$9,000 09/29/16$9,000 10/03/16$9,000 10/04/16$9,000 10/05/16$9,000 10/06/16$9,000 10/07/16$9,000 10/10/16$9,000 10/11/16$9,000 10/12/16$9,000 10/13/16$9,000 Total$203 666.81 2017-2018 Special Assessment List detail Council 6-30-17.xls EXHIBIT A Resolution No. 2017-36 Special Assessments Dates/Fine Amount(s)/Total (w/late fees& Property Address Owner charges) Violation(s) APN Number Phoung Tranh Pham 09/29/15$2,000 17.10.050(a)(c)(d)(e)(x); 153-041-28 09/30/15$4,000 17.04.036;250 204.18; 10/05/16$8,000 250 215.04 10/06/15$8,000 10/13/15$8,000 10/21/15$8,000 10/23/15$8,000 10/26/15$8,000 01/21/16$8,000 03/11/16$8,000 03/22/16$8,000 03/23/16$8,000 06/13/16$8,000 06/14/16$8,000 06/15/16$8,000 06/16/16$8,000 06/17/16$8,000 06/20/16$8,000 06/21/16$8,000 06/22/16$8,000 06/23/16$8,000 06/27/16$8,000 19092 Beach BL Huntington 06/28/16$8,000 Beach,CA 92648 06/29/16$8,000 06/30/16$8,000 07/01/16$8,000 07/05/16$8,000 07/06/16$8,000 07/07/16$8,000 07/11/16$8,000 07/12/16$8,000 07/13/16$8,000 07/14/16$8,000 07/15/16$8,000 07/18/16$8,000 07/27/16$8,000 07/28/16$8,000 07/29/16$8,000 08/01/16$8,000 08/02/16$8,000 08/03/16$8,000 08/04/16$8,000 08/08/16$8,000 08/09/16$8,000 Total$343,625.00 2017-2018 Special Assessment List detail Council 6-30-17.xls EXHIBIT A Resolution No. 2017-36 Special Assessments Dates/Fine Amount(s)/Total (w/late fees& Property Address Owner charges) Violation(s) APN Number Phuong Tranh Pham 0811/15$2,000 17.10.050(a)(c)(d)(e)(x); 153-041-28 08/19/15$4,000 17.04.036;250 204.18; 08/24/15$8,000 250 215.04 09/14/15$8,000 09/22/15$8,000 09/23/15$8,000 09/29/15$8,000 09/29/15$2,000 09/30/15$4,000 09/30/15$8,000 10/05/15$8,000 10/05/15$8,000 10/06/15$8,000 10/06/15$8,000 10/13/15$8,000 10/21/15$8,000 10/23/15$8,000 10/26/15$8,000 01/21/16$8,000 03/02/16$8,000 03/03/16$8,000 03/11/16$8,500 03/22/16$9,000 03/23/16$9,000 03/28/16$9,000 03/29/16$9,000 03/30/16$9,000 06/13/16$8,000 19142 Beach BI,Unit's EE 06/14/16$8,00006/15/16$8,000 and FF Huntington Beach, 06/16/06$8,000 CA 06/16/16$8,000 06/20/16$8,000 06/21/16$8,000 06/22/16$8,000 06/23/16$8,000 06/27/16$8,000 06/28/16$8,000 06/29/16$8,000 06/30/16$8,000 07/01/16$8,000 07/05/16$8,000 07/05/16$8,000 07/05/16$8,000 07/11/16$8,000 07/12/16$8,000 07/13/16$8,000 07/14/16$8,000 07/15/16$8,000 07/18/16$8,000 07/27/16$8,000 07/28/16$8,000 07/29/16$8,000 08/01/16$8,000 08/02/16$8,000 08/03/16$8,000 08/03/16$8,000 08/04/16$8,000 08/08/16$8,000 Total$497,974.96 2017-2018 Special Assessment List detail Council 6-30-17.xls EXHIBIT A Resolution No. 2017-36 Special Assessments Dates/Fine Amount(s)/Total (w/late fees& Property Address Owner charges) Violation(s) APN Number Randy Wooten 06/20/16$10,000 17.10.050(a)(c)(d)(e)(x) 165-312-19 06/21/16$10,000 (dd); 17.04.036;250 06/22/16$10,000 204.18;250 215.04 06/23/16$1,000 05.08.010 06/27/16$10,000 06/28/16$10,000 06/29/16$10,000 06/30/16$10,000 07/01/16$10,000 07/05/16$10,000 17731 Beach BL Huntington 07/06/16$10,000 Beach,CA 92647 07/07/16$10,000 07/11/16$10,000 07/12/16$10,000 07/13/16$10,000 07/14/16$10,000 07/15/16$10,000 07/15/16$10,000 07/18/16$10,000 08/03/16$10,000 08/04/16$10,000 08/08/16$10,000 Total$212 880.19 K3 Investments LLC-James Ishihara 04/14/17$2,000 17.10.050(a)(c)(d)(e)(x) 988-481-09 04/14/17$500 (dd); 17.04.036;250 04/17/17$4,000 204.18;250 215.04 04/17/17$1,000 05.08.010 04/18/17$8,000 04/08/17$2,000 04/19/17$8,000 04/19/17$2,000 04/20/17$8,000 04/20/17$2,000 8162 Talbert Ave Huntington 04/21/17$8,00004/21/17$2,000 Beach,CA 92646 04/24/17$8,000 04/24/17$2,000 04/25/17$8,000 04/25/17$2,000 04/26/17$8,000 04/26/17$2,000 04/27/17$8,000 04/27/17$2,000 04/28/17$8,000 04/28/17$2,000 Total$98,443.00 GRAND TOTAL $1 473 396.04 2017-2018 Special Assessment List detail Council 6-30-17.xls EXHIBIT A Res. No. 2017-36 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU 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 July 17, 2017 by the following vote: AYES: O'Connell, Semeta, Delgleize, Hardy, Brenden, Peterson NOES: None ABSENT: Posey RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California