HomeMy WebLinkAboutCertification of Special Assessments for Collecting Delinque Council/Agency Meeting Held:
Deferred/Continued to:
)LAppr ved ❑ Conditionally Approved ❑ Denied it Cl k's ature
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Council Meeting Date: July 16, 2012 Departure t ID Number: FN 12-016
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
I
PREPARED BY: Lori Ann Farrell, Director of Finance
SUBJECT: Adopt Resolution No. 2012-49 approving the certification of Special
Assessments for delinquent Civil Fines for Municipal Code Violations
Statement of Issue: The City wishes to 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 the City Council on June 15, 1998. Council approval is
required in order to meet the filing deadline of August 10, 2012, with the County.
Financial Impact: No funds are required.
Recommended Action: Motion to:
Adopt Resolution No. 2012-49, "A Resolution of the City Council of the City of Huntington
Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal
Code Violations."
Alternative Action(s):
Do not adopt Resolution No. 2012-49 and direct staff accordingly.
Item 8. - I xB -64-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 7/16/2012 DEPARTMENT ID NUMBER: FN 12-016
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.
At this time, certain administrative citations have been issued on the following property for
housing, building, zoning, nuisance, and/or health and safety violations:
Property Address Owner Violation(s)
3854 Humboldt Drive Alex Alizadeh Buildin /Permits required
16033 Bolsa Chica Asbury Properties Building/Permits required
22151 Malbu Lane Jon & Minda Austin Building/ Permits required
15651 Container Lane Bisson Holdings LLC Building/ Permits required
5452 Edinger Bryan Copley Building/Permits required
15551 Chemical Lane Harry Derderian, Jr. Building/Permits required
19171 Magnolia Street EFH-H Investments LP Building/Permits required
16182 Gothard #Q Ellis Trust Building/Permits required
15121 Graham St#107 Huntington LLC Building/ Permits required
20792 Farnsworth Lane Prakash Kabre Building/ Permits required
8222 Katherine Drive Landmark R/E Inv Group LLC Buildin /Permits required
17131 Beach Blvd NF Huntington Plaza Building/Permits required
7862 Warner Ave NF Huntington Plaza Building/Permits required
15302 Pipeline Lane Thomas Peterson Building/Permits required
15571 Producer Lane Pick Ranches Co Building/Permits required
15592 Computer Lane RDR Real Estate LLC Building/Permits required
19742 Beach Blvd Regency Centers Building/ ermits required
15389 Chemical Lane RIMA Building/ Permits required
8491 Doncaster Drive Patrick Szafirski Building/ Permits required
17881 Sampson Lane Keith Ky Thanh Van Building/ Permits required
17842 Sampson Lane Robert Van Doren Building/ Permits required
17201 Marina View Deborah Westfield Building/ Permits required
Place
For each of the properties being considered for placement of a lien, staff has verified that the
owners have 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 have also received
invoices for the outstanding fines and fees and provided the opportunity to make payment
arrangements. The City is in compliance with the procedures outlined in Attachment 2.
The civil fines identified on Exhibit A of the Resolution have not been paid. 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 the time of transfer of the
FIB -65- Item 8. - 2
REQUEST FOR COUNCIL ACTION
MEETING DATE: 7/16/2012 DEPARTMENT ID NUMBER: FN 12-016
property. In addition, the fines will be reported to the Orange County Assessor for inclusion
on the property tax bills.
Although not required by Chapter 1.18, all the property owners identified above received
preliminary written notice from the City Attorney's Office regarding the intention to file a lien
on the property for non-payment of civil citations.
Environmental Status: N/A
Strategic Plan Goal: Improve the City's infrastructure
Attachment(s):
1. Resolution No. 2012-49, "A Resolution of the City Council of the City of Huntington
Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for
Municipal Code Violations."
2. Notification and communication to property owners prior to lien placement
Item 8. - 3 xB -66-
ATTACHMENT # 1
RESOLUTION NO. 2012-49
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
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
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 3 8773.5; and
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:
I. 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.
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 and Government Code section 38773.5.
3. 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.
12-3390/81067 1
Resolution No. 2012-49
4. 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 16 th day of July , 2012
Mayor
REVIE D APPROVED
INITIATVE
D AND APP �VED:
Manager
- City Treasurer
OVED AS TO-FORM:
City Attorn DYE �o(2'I l- -
12-3390/81067 2
Resolution No. 2012-49
EXHIBIT A
Resolution No. 2012-49
Dates/Fine
Amount(s)/Total
(w/late fees&
Property Address Owner charges) Violations APN Number
Alex Alizadeh 5/4/11 $1,000 17.04.020;CBC 105.1
7/28/11 $1,000 17.04.020;CBC 110.1
9/8/11 1,000
3854 Humboldt Dr. 10/17/11 $1000
Huntington Beach,CA 1/24/12 1,000
92649 Total$5,730.54 178-053-46
16033 Bolsa Chica Asbury Properties 3/12/12$250 17.04.020;CBC 105.1
Huntington Beach,CA Total$361.12 17.04.036;CBC 111.1
92649 178-071-20
Jon&Minda Austin 11/29/10$250 17.04.020;CBC 105.1
2/9/11 $500 17.04.020;CBC 109.1
5/4/11 $1,000
7/28/11 1,000
10/17/11 $1,000
22151 Malbu Ln Huntington 2/28/12$1,000
Beach,CA 92646 Total$5,591.68 114-513-03
Bisson Holdings LLC 4/11/11 $250 17.04.020;CBC 105.1
6/22/11 $500 17.04.036;CBC 111.1
15651 Container Ln 10/3/11 $1,000
Huntington Beach,CA 1/12/12$1,000
92649 Total$3 194.47 145-461-07
Bryan Copley 2/28/11 $250 17.04.020;CBC 110.1
5452 Edinger Huntingtion 4/19/11 $500
Beach,CA 92649 Total$1 050.42 146-082-01
Harry Derderian,Jr. 7/13/11 $250 17.04.020;CBC 105.1
15551 Chemical Ln 9/28/11 $500 17.04.020;CBC 111.1
Huntington Beach,CA 1/12/12$1,000 17.04.036;CBC 110.1
92649 Total$2 045.36 145-463-04
19171 Magnolia St EFH-H Investments LP 1/26/12$250 17.04.020;CBC 105.1
Huntington Beach,CA 3/12/12$500 17.04.036;CBC 111.1
92646 Total$651.17 153-521-03
Ellis Trust 1/18/11 $250 17.04.020; CBC 105.1
3/2/11 $500 17.04.020;CBC 110.1
4/25/11 $1,000
16182 Gothard#Q 8/11/11 $1,000
Huntington Beach, CA 1/12/12$1,000
92647 Total$4,489.34 142-511-13
Huntington LLC 1/10/11 $250 17.04.020;CBC 105.1
2/16/11 $500 17.04.036;CBC 111.1
15121 Graham St#107 4/25/11 $1,000 17.04.036;CBC 110.1
Huntington Beach, CA 6/22/11 $1,000
92649 Total 3,074.64 145-014-68
20792 Farnsworth Ln Prakash Kabre 2/28/12$1,000 17.04.020;CBC 105.1
Huntington Beach,CA Total 1,114.07 17.04.036;CBC 110.1
92646 151-091-10
Landmark R/E Inv Group LLC 8/18/11 1,000 17.04.020;CBC 105.1
9/22/11 2,000 17.04.036;CBC 110.1
8222 Katherine Dr. 10/17/11 $250 17.10.50(CC)(L)
Huntington Beach,CA 1/24/12$500 17.10.050(M)8.36.010
92646 Total$4 289.19 157-402-21
17131 Beach Blvd NF Huntington Plaza 5/4/11 $250 17.04.020;CBC 105.1
Huntington Beach,CA Total$360 17.04.036; CBC 110.1
92647 165-364-25
NF Huntington Plaza 1/18/11 $1,000 17.04.020;CBC 105.1
7862 Warner Ave 5/2/11 $1,000 17.04.020;CBC 111.1
Huntington Beach,CA 6/22/11 $1,000 17.04.036;CBC 110.1
92647 Total$3,180.00 165-364-15
Thomas Peterson 11/29/10$250 17.04.020;CBC 105.1
2/16/11 $500 17.04.020;CBC 109.1
5/16/11 $1,000 17.04.036;CBC 110.1
15302 Pipeline Ln 7/27/11 $1,000
Huntington Beach, CA 10/17/11 $1,000
92649 Total$4 193.08 1 146-536-23
2012-2013 Lien List detail Council revised 7-10-12.xis
Resolution No. 2012-49
Dates/Fine
Amount(s)/Total
(whate fees&
Property Address Owner charges) Violation(s) APN Number
Pick Ranches Co 2/16/11 $250 17.04.020;CBC 105.1
4/6111 $500 17.04.020;CBC 110.1
15571 Producer Ln Vs E&P 612/11 $1,000
Huntington Beach,CA 2/16/12$1,000
92649 Total$3 596.73 145-452-02
RDR Real Estate LLC 6/7/10$250 17.04.020;CBC 105.1
9/29/10$250 17.04.020;CBC 109.1
4/6/11 $250 17.04.036;CBC 110.1
5/12/11 $500 17.04.036;CBC 111.1
7/7/11 $1,000
15592 Computer Ln 10/3/11 $1,000
Huntington Beach,CA 1/12/12$1,000
92649 Total$5,149.10 145-393-08
Regency Centers 1/11/12$1,000 17.04.020;CBC 105.1
19742 Beach BI Huntington Total$1,145.99 17.04.036;CBC 111.1
Beach,CA 92648 153-091-22
15389 Chemical Ln RIMA 9/28/11 $250 17.04.020;CBC 105.1
Huntington Beach,CA 1/31/12$500 17.04.020;CBC 111.1
92649 Total$926.42 17.04.036;CBC 110.1 145-481-07
8491 Doncaster Dr Patrick Szafirski 1/10/12$250 17.04.020;CBC 110.1
Huntingtion Beach,CA Total$369.91
92646 148-043-32
Keith Ky Thanh Van 10/25/10$250 17.04.020;CBC 105.1
1/10/11 $500 17.04.020;CBC 109.1
2/16/11 $500 17.04.036;CBC 110.1
4/6/11 $1,000 17.04.036;CBC 111.1
6/2/11 $1,000
8/18/11 $1,000
17881 Sampson Ln 10/5/11 $1,000
Huntington Beach,CA 2/2/12$1,000
92647 Total$7,795.03 165-261-60
Robert Van Doren 10/4/10$250 17.04.020;CBC 105.1
12/20/10$500 17.04.020;CBC 109.1
2/23/11 $1,000 17.04.036;CBC 110.1
5/12/11 $1,000 17.04.036;CBC 111.1
7/5/11 $1,000
17842 Sampson Ln 10/5/11 $1,000
Huntington Beach,CA 1/31/12$1,000
92647 Total$6,309.48 165-261-56
17201 Marina View PI Deborah Westfield 6/30/10$250 17.04.020;CBC 109.1
Huntington Beach,CA Total$458.50
92649 178-285-08
2012-2013 Lien List detail Council revised 7-10-12.xls
Res. No. 2012-49
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 a regular meeting thereof held on July 16, 2012 by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
Cit Jerk and ex-officio erk of the
City Council of the City of
Huntington Beach, California
ATTAC H M E N T #2
Attachment 2
Notification and communication to property owners prior to lien placement:
. Initial notification of outstanding violations are made to property owners by personal
contact, sending a notice of violation or letter via first class mail, by posting a notice on
the front door to the property, or combinations of all of these.
® Notification includes an explanation of the violation, describes the required action to
bring the property into compliance,provides a time frame for compliance to be achieved,
and states the consequences of non-compliance (i.e. possible civil citations, re-inspection
fees, and or prosecution).
If compliance is not achieved within the time frame of the initial notification, typically a
final notice is issued, allowing a small, additional amount of time to bring the property
into compliance:. This notice again describes the required action to bring the property into
compliance, provides a time frame for compliance to be achieved, and states the
consequences of non-compliance.
■ If after the issuance of the final notice compliance has not been achieved, citations may
be issued. All citations are sent to the property owner on record with the Orange County
Recorder's Office, and are mailed via certified mail to the mailing address on record with
the Recorder's Office. Citation forms describe the code or ordinance that was observed to
be in violation, the amount of the file imposed for the violation, and describes in detail
the process for appealing and or paying the citation. The citation also infom-is the
property owner again that failure to comply may result in the issuance of additional
citations, re-inspection fees, and or prosecution. In addition, the citation contains
language notifying property owriers that non-payment of the citation may result in the
placement of a lien on their property.
Once a citation has been issued., staff will typically suspend action on the case for 30
days, allowing the property owner the opportunity to appeal the citation. This also allows
for the possible return of the citation due to incorrect ownership information or the
certified mail being unclaimed by the addressee/property owner.
If the citation is returned, staff will confirm the address information for the property
owner. If new contact information is found, staff will start the process over with the
issuance of a new notice of violation. If the initial contact information is found to be
correct, staff will send the citation to the property owner via first class mail, and will
again suspend action on the case for 30 days,allowing the opportunity for appeal.
If after 30 days no appeal has been received, or an appeal was received and the citation
upheld, and no payment has been received, the City Treasurer's Office assigns the case to
accounts receivable to attempt to collect the outstanding fines and fees_ Account
statements are sent out on a monthly basis, informing the property owner of the amount
Item 8. - 11 HB -74-