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Home My WebLink AboutRESOLUTION 2007-20 - APPROVE CERTIFICATION OF SPECIAL ASSESS Council/Agency Meeting Held: Deferred/Continued to: IIIA prove ❑ Conditiona Approved ❑ Denied ity Cits ZignatVe Council Meeting Date: 3/19/2007 Department ID Number: CA-07-11 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor And City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attor SUBJECT: Approve Certification of Special Assessments for Delinquent Civil Fines for Municipal Code Violations—Administrative Hearing Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City record notice of special assessments against private property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance #3397 adopted by City Council on June 15, 1998? - Funding Source: No funds are required. Recommended Action: Motion to adopt Resolution no.2007-20 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. 2007-20 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 to James Bishay for violation of the California (Huntington Beach) Fire Code, Section 1001.5.3.1 for failure to provide fire watch personnel at an abandoned building owned by him. REQUEST FOR ACTION MEETING DATE: 3/19/2007 DEPARTMENT ID NUMBER:CA-07-11 The civil fines have not been paid. These citations are identified on Exhibit A to the Resolution and total $8,512.96. The fine amounts would be levied against the property, 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: Not applicable Attachment(s): City Clerk's Page Number No. Description 1. Resolution No. 2007-20 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\RCASshay.doc -2- 3/1/2007 3:10 PM ATTACHMENT NO . 1 RESOLUTION NO. 2007-20 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 March 19, 2007, 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 misc/admin/resolution bishay 1 Resolution No. 2007-20 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 19th day of March , 2007. ayor REVIEWED AND APPROVED &PYED AS TO FORM: ty Ad inistrator Attorney 3• INITIATED AND APPROVED: _11-;-� r Y tC, Ci Attorney 3-3 �' Atty misc/adminiresolution bishay 2 Resolution No. 2007-20 EXHIBIT Atty misc/admin/resolution bishay Resolution No. 2007-20 CERTIFICATION OF SPECIAL ASSESSMENTS OWING TO THE CITY OF HUNTINGTON BEACH FOR TRANSMISSION TO COUNTY TAX COLLECTOR PROPERTY OWNER: JAMES BISHAY PROPERTY ADDRESS: 18792 Delaware Street, Huntington Beach,CA 92748 ASSESSOR'S PARCEL NO. 159-121-25 Violation Violation Amount(s) Code Violation(s) Dates 1/17/06 $1,000 HBMC §17.56;HBFC(CFC)§1001.5.3.1 8/18/06 $1,000 HBMC§17.56;HBFC(CFC) §1001.5.3.1 8/29/06 $1,000 HBMC §17.56;HBFC(CFC) 1001.5.3.1 8/30/06 $1,000 HBMC §17.56;HBFC(CFC) §1001.5.3.1 8/31/06 $1,000 HBMC §17.56;HBFC(CFC)§1001.5.3.1 11/3/06 $1,000 HBMC§17.56;HBFC(CFC)§1001.5.3.1 1 V7/06 $1,000 HBMC §17.56;HBFC(CFC)§1001.5.3.1 11/8/06 $1,000 HBMC §17.56;HBFC(CFC) 1001.5.3.1 TOTAL $8,512.96 (incl.late fees and charges) Atty misc/admin/resolution bishay 4 Res. No. 2007-20 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 19th day of March, 2007 by the following vote: AYES: Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: Bohr ABSTAIN: None vI' CA/Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Special Assessment for - Collecting Delinquent Civil Fines COUNCIL MEETING DATE: March 19, 2007 RCA ATTACHMENTS STATUS 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 Attorne Attached El Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) El Certificates of Insurance (Approved b the CityAttorne Attached ( PP y y) Not Applicable AttachedFiscal Impact Statement (Unbud et, over$5,000) Not Applicable Attached - Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached ElNot Applicable Commission, Board or Committee Report applicable)If a Attached ❑ p ( pp ) Not A licable s/Conditions for Approval and/or Denial Attached Find ings/Cond ❑ g pp Not Applicable � EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED F.t.FORWARDED Administrative Staff Assistant City Administrator initial r City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: admin cite Bishay PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a UWE OFADMINISMTM resident of the Countyaforesaid; I am "�"G �BI(THE(Rlf COUNCIL CITY over the age of eighteen years, and not a OFHUNTINGTONBEA(H NOTICE IS HEREBY party to or interested in the below entitled (GIVEN that a Public Tearing will be held by matter. I am a principal clerk of the the City council of the EEity of Huntington Beachthe City � HUNTINGTON BEACH INDEPENDENT, Ehambers, 2000°uncil Main a newspaper of general circulation, Street, Huntington Beach, California, 926481 at the hour of 6:00 p.m.' printed and published in the City of as soon thereafter as possible, on Monday Huntington Beach County of Orange "°�`h he z°°'t°`°n- , � cider the adoption of -proposed Resolution en- State of California, and that attached titled "A Resolution of the City Council of.the Notice is a true and complete copy, as ,xity of Huntington Beach As- was printed and published in the Certifying Special As- sessment for Collecting Delinquent Civil Fines for Huntington Beach issue of said Municipal Code Viola- tions." j'j'" .. ar- x1-"`' �'' R solution(sh onr files in �J ;,rt;:ai-jG, wit 1"r 1 9 .,:.Z(S) 0�: the City Clerk's Office,.' 2000 Main Street, Hun- tington Beach 92648,for inspection by the public on March 15,2007: An administrative hearing is required by the Huntington Beach MARCH O 8, 2 O O 7 Municipal Code 1.18. Only property owners are entitled to speak at an administrative hear- ing. All other interestedi parties may speak at regular public comment at beginning of the meet- ing. Written communica- declare under penalty of perjury that theC to the City Council > > the ons City o ble mailed to the foregoing is true and correct. The public hearing is held pursuant to Califor- nia Government Code Section 34773.5 and Huntington Beach Mu- nicipal Code 1.18.150. Executed on MARCH O 8, 2 O O 7 Dated: February 28,. at Costa Mesa California. I 07. BEACH CITY OF NT NGTON Joan L.Flynn,City Clerk 2000 Main Street Huntington Beach,CA Published Huntington Beach Independent Signature March 8,2007. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a onCEoraoiBlNISTRATivE HEARING resident of the County aforesaid; I am 7Br THE ONcoUNCILCirY OF HUNTINGTON BEACH over the age of eighteen years, and not a NOTICE IS HEREBY GIVEN that a Public party to or interested in the below entitled kiearing will be held by dhe City Council of the' matter. I am a principal clerk of the d9ity of Huntington Beach HUNTINGTON BEACH INDEPENDENT, the City Council hambers, 2000 Main treet, Huntington' Beach, California, 926U a newspaper of general circulation, at the hour of 6:00 p.m. printed and published in the City of fir as soon thereafter aY possible, on Mont Huntington Beach, County of Orange, arch 19, a o7 adoption con- sider the adoption of State of California and that attached proposed Resolution en- tee City Counciltof the .City of Huntington Beach Notice is a true and complete copy, as Certifying Special As- was printed and published in the Delinque for Collecting Delinquent Civil Fines for Huntington Beach issue of said Municipal Cade Viola - bons." - A copy of the proposed Resolution is on file in newspaper to wit tree iSsue(J% c,, the' City Clerk's Office, 2000 Main Street, Hun- ,ington Beach 92648,for inspection by the public on March 15,2007. An administrative hearing is required by the Huntington Beach MARCH 0 8, 2 0 0 7 Onlyicip ope ty Code owners are entitled to speak at an administrative hear- ing. All other interested parties may speak at regular public comment at beginning of the meet- ing. Written communica- tions to the City Council may also be mailed to declare, under penalty of perjury, that the City Clerk. . The public hearing is the foregoing is true and correct. held pursuant to Ca ode nia Government Code Section 38773.5 and Huntington :Beach Mu- nicipal Code 1.18.150. Executed on MARCH 0 8, 2 0 0 7 ��d: February 28, at Costa Mesa, California. CITY OF EACH GTON 'BACH E Joan L.Flynn,City Clerk 2000 Main Street Huntington Beach,CA 92648 Published Huntington Beach Independent; Signature March B,2007. . 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 March 19, 2007 to consider the adoption of proposed Resolution entitled "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessment 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 March 15, 2007. 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: February 28, 2007. CITY OF HUNTINGTON BEACH Joan L. Flynn, City Clerk 2000 Main Street Huntington Beach, CIA 92648 Atty misc/admin cite/public notice impression antibourrage et a s6chage rapide www.avery.com Q AVERYO 5262mc 1-800-GO-AVERY JAMES BISHAY 17201 Marina View Place Huntington Beach, CA 92649 JAMES BISHAY Hillside Development 3388 Via Lido Newport Beach, CA 92663-3979 Aa3AV-O9-009-L ® wiZ9Z5 MldW31 Okmv asn wiZ9Z5 ®A213At�/ Q woriGane mmm ® j 6uRuud aaaA a6pnws pue wer ynn, City Clerk ntington Beach the City Clerk - 012!15209932 Box 190 Beach, CA 92648 .�-' _` 0 V'g C U OS KGB ff) f 1 J LEGAL NOTICE-PUBLIC HEARING JAMES BISHAY 17201 Marina View Place Huntington Beach, CA NIXXE 927 1 02 03116107 RETURN TO SENDER ATTEMPTED NOT KNOWN UNABLE TO FORWARD Bc: ]] 7'13�3(19.2540019j090}}i }} Ci60j�s- jO]£/3y£5- j0l-3 Jill 13 lIII.II 13J�)11)777311��1�1t�131I111I1 t�3773-.H�I3)� i I { I i l i