HomeMy WebLinkAboutAdopt Resolution No. 2015-35 approving the Certification of AGREEMENT FOR COLLECTION OF SPECIAL
TAXES,FEES, CHARGES AND ASSESSMENTS
THIS AGREEh4ENT is made and entered into this.407"day of JalL 20L'by and
between the COUISI ' OF ORANGE, a political subdivision of the State of Cahiorma, hereinafter
ref rred to as "County"and City of Huntington Beach hereinafter
referred to as `Distrct"
RECITALS
The following recitals are a substantive part of this Agreement
VaMREAS,the parties desire to enter into an agreement whereby taxes and special
assessments for the District will be collected by the County at the same time and in the same
manner as County taxes are collected and the District will pay to the County the fees for
collection hereinafter set forth, and
WFMREAS, Section 29142 of the Government Code provides that when taxes or
assessments are-collected by a county for any special distrcct, or zone, or improvement district
thereof,,eicludmga school district,the board of supervisors may provide for a collection fee for
such services, and
WHEREAS, Section 29304 of the Government Code provides that whenever any special
assessment or special assessment taxes are levied upon land or real property by any city, counts,
district or other public corporation, and the same are to be collected by a County;there shall be
added to the amount of the special assessment or special assessment tax an amount fixed by
agreement between the county and city, district, public corporation, officer, or body for each
special assessment or special assessment tax to be collected, and
WBEREAS, Section 51800 of the Government Code provides for the County to collect
special assessments on County property tax rolls for cities and districts located in the County, and to
enter into an agreement regarding the amount of compensation to be paid to the County for the
collection of such assessments, and
i
WHEREAS,when requested by Distnct, it is in the public interest that the County collect on
the County tax rolls the special taxes, fees, and assessments for District
NOW, THEREFORE,IT IS AGREED by and between the parties hereto as follows
AGREEMENT
i
1 Collection Services County agrees, when requested by District as hereinafter
provided, or as required by lave, to collect on the County tax rolls the special taxes, fees, and
assessments of District and of each zone or improvement District thereof
2 Transmission of Information When County is to collect District's special taxes and
assessments, District agrees to notify the Orange County Auditor-Controller of the Assessor's parcel
ATTACHMENT 1
numbers and the amount of each special tax, fee, or assessment to County, and including, but not
limited to, any act of omission or assessment to be so collected
3 Certification by the District The District shall certify to the Orange County
Auditor-Controller the fixed charge special assessments in a dollar amount to be applied on each
parcel of real property which parcel shall be designated by the assessment (i_e, parcel) number
shown on the Count Secured Assessment Roll for the year m which the assessment is to be
collected_
4 Verification by District It shall be the obligation of the District prior to the time of
delivery to the Orange County Auditor-Controller of the fixed charge special assessment roll to
checL the County Secured Assessment Roll after it is filed by the Orange County Assessor with the
Orange County Auditor-Controller to verify that the parcel numbers on the assessment roll for fixed
charge special assessments certified by the District correspond with the assessment (i e., parcel)
numbers shown on the County Secured Assessment Roll Any changes in special assessment data
previously certified to the Orange County Auditor-Controller by the District, which changes occur as
a result of such verification, shall be certified by the District to the Orange County Auditor-
Controller
5 Collection Fee County will charge the sum of 0.30 percent (030%) of the original
value for each special tax, fee, or assessment that is to be collected on the County tax rolls by the
County for the District
6 Charge for Revision of Assessment After the roll has been delivered by the Orange
County Auditor-Controller to the Orange County Tax Collector the County will charge the District
for each fixed charge special assessment changed or deleted Said charge shall be $15 00 for each
assessment or parcel number placed on the County Secured Assessment Roll Payment shall be
submitted to the Orange County Auditor-Controller with the request for the change or deletion
7 Modification of Collection Fees and Charges The County reserves the right to
increase or decrease any charges herein provided m proportion to any changes m costs incurred by
the County in providing the services described herein,provided that written notice of any increase or
decrease in charges shall be given by the County to the District on or before May 15 of any year
during the term of the Agreement.
8 Authority for Lew and Compliance with Law District warrants that the taxes, fees,
or assessments imposed by District and collected pursuant to this Agreement comply with all
requirements of state law, including but not limited to Article =C and XIED of the California
Constitution(Proposition 218)
9 Release District hereby releases and forever discharges County and its officers,
agents and employees from any and all claims, demands, liabilities, costs and expenses, damages,
causes of action, and judgments, in any manner ansing out of District's i esponsibility under this
agreement, or other action taken by District m establishing a special tax, fee, or assessment and
implementing collection of special taxes or assessments as contemplated in this agreement, including
but not lmuted, any required remedial action in the case of delinquencies in such assessment
payments or the issuance, sale, or administration of any bonds issued in connection with the
District's program
2
ATTACHMENT I
0
10 Indemnification Distract agrees to and shall defend indemnify and save harmless
County and its officers agents and employees ("indemnified parties") from any and all claims,
demands, liabilities, costs and expenses damages causes of action, and judgments, in any manner
ansing out of any ofDistnct's responsibility under this agreement, or other action taken by District m
establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or
assessment as contemplated in this agreement,.including but not hmited, any required remedial action
in the case of delinquencies in such assessment payments or the issuance, sale, or administration of
any bonds issued in connection with the District's program
11 Cooperation Distract agrees that its officers, agents and employees will cooperate
with County by answering mqumes made to District by any person concerning District's special tax,
fee, or assessment, and District agrees that its officers, agents and employees will not refer such
individuals making mquines to County officers or employees for response
12 Assignment District shall not assign or transfer this agreement or any interest herein
and any such assignment or transfer or attempted assignment or transfer of this agreement or any
interest herein by District shall be void and shall immediately and automatically terminate this
agreement.
13 Term of Agreement All existing agreements between the County and Distrct
pertaining to collection of taxes and special assessments by the County for the District shall be
terminated upon the execution of this Agreement. This Agreement shall continue from year to year
and shall be subject to cancellation by either party by giving written notice to the other patty of
cancellation pnor to July 1st of the preceding fiscal year
14 Waiver County or District's waiver of breach of any one term, covenant, or other
provision of this agreement, is not a waiver of breach of any other term,nor subsequent breach of the
term or provision waived
IN'VVMXSS WHEREOF, the Parties hereto have signed this Agreement as of the day and
year first above written i
City of Huntington BeachDISTP I
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By
J Ha y
Its Mayor
COUNTY OF ORANGE
By FMnk Davies
Its ( �)C ',Ch.,
3
ATTACHMENT 1
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AGREEMENT FOR COLLECTION OF SPECIAL TAXES,
FEES, CHARGES AND ASSESSMENTS
CITY OF HUNTINGTON BEACH
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APPR O
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REVIEWED AND SUBMITTED
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15-4790/122517
Dept ID FN 15-011 Page 1 of 2
Meeting Date 7/20/2015
D'�Lvr1�t/f"GL - &tJT
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/20/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Lori Ann Farrell, Director of Finance
SUBJECT: Adopt Resolution No 2015-35 approving the Certification of Special
Assessments for Delinquent Civil Fines for Municipal Code Violations, and,
approve and authorize execution of an Agreement with the County for Collection
of Special Taxes, Fees, Charges and Assessments
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 #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 $226,193 81 Should these special
assessments be placed on the property tax rolls, these monies will be included in FY 2015116
General Fund revenue
Recommended Action
A) Adopt Resolution No 2015-35, "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," and,
B) Approve and authorize the Mayor and City Clerk to execute the "Agreement for Collection of
Special Taxes, Fees, Charges and Assessments" with the County of Orange
Alternative Action(s)
Do not approve the recommendation 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
Item 7. - I HB -130-
Dept ID FN 15-011 Page 2 of 2
Meeting Date 7/20/2015
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
Civil fines identified on Exhibit A to this 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 property In addition, the fines will
be reported to the County Tax Assessor for inclusion on the property tax bills
There are two large assessments identified on Exhibit A The first, for a total of $103,953 50 relates
to fines, penalties and interest related to code enforcement action against a medical marijuana
establishment operating illegally within the City The second, for $69,664 70 relates to fines,
penalties and interest related to code enforcement action against an office building for blighted
conditions
It must be noted that many of the assessments contained on Exhibit A, including the two largest,
were part of Resolution 2014-38 approved by the City Council on July 21, 2014 and submitted to
the County of Orange for inclusion on the tax roll Due to an interpretation of the California
Government Code, the County did not process the assessments for Huntington Beach and other
cities The City is working with other cities and the County to resolve this issue The assessment
total from Resolution 2014-38 is $209,100 and newly added assessments total $17,093 81, bringing
the total amount contained in Exhibit A to $226,193 81
Environmental Status
Not Applicable
Strategic Plan Goal
Strengthen Economic and Financial Sustainability
Attachment(s1
1 Resolution No 2015-35, "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"
2 "Agreement For Collection of Special Taxes, Fees, Charges and Assessments "
HB -131- Item 7. - 2
A TAU"n" MENT #1
RESOLUTION NO 2015-35
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 piopeity 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/oi 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 seal
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, aie hereby certified as being delinquent civil fines, mteiest
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.
15-4806/122655 doc 1
Reso . 2015-35
3 Pursuant to such authority, the Directoi 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 Recordei 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 2 0 t h day of July , 2015
r
REVIEW APPROVED• APPROVED A ORM
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i ' Managei City Attorney kOkz c��Z�itiS�
INITIATED AND APPROVED*
Jam- � -
Director of Finance
15-4806/122655 doc 2
Reso . 2015-35
EXHIBIT A
Dates/Fine
Property Address Owner Amount(s)/Total Violation(s) APN Number
w/late fees&charges
15651 Container Ln Bisson Holdings LLC 8/21/13$1,000 17 04 020, CBC 110 145-461-07
Huntington Beach,CA 92649 11/1311 $1,000 17 04 036 CBC 111 1
Total$2 342 90
6791 Bonnie Dr John T Brennan 2/5/13$500 17 10 050(b), 146-291-06
Huntington Beach,CA 92647 512113$1,000
Total$2,09181
219 Portland Richard F Carroll 917/12$500 00 17 10 050 025-041-22
Huntington Beach, CA 92648 Total$906 15
19032 Mathew Cary Cavaliers 11/5/13$250 17 10 050(a) 153-362-37
Huntington Beach,CA 92646 Total$378 45
17152 Palmdale Greg M Cox 5/15/12$250 17 04 020,CBC 105 111-023-23
Huntington Beach,CA 92647 9124112$500 17 04 020,CBC 110
5/13/13$1,000 17 04 036, CBC 111 1
9/20/13$1,000
1/13/14 $1,000
Total$4 009 91
6691 Crista Palma Dr Crista Palma Trust 6691 6/14/12$250 17 04 020,CBC 110 165-161-01
Huntington Beach, CA 92647 2/28/13$500 17 04 020,CBC 105
10/10/13$1,000
Total$1 935 34
6091 Shelly Dr Harry Derderian 6/24/13$500 21004 145-324-22
Huntington Beach,CA 92647 8/27/13$1,000 23012
Total$1 836 53
16892 Gothard#B Ess Prisa II LLC 9/23/13$250 17 04 020, CBC 105 142-221-23
Huntington Beach,CA 92647 1/9/14$500 17 04 036,CBC 111 1
Total$942 67 17 04 020,CSC 110
7451 Warner#G Ess Prisa II LLC 1113/14$250 17 04 020, CBC 110 142-221-21
Huntington Beach,CA 92647 Total$382 63 17 04 036 CBC 111 1
6141 Albion Dr Donald Fields 9/06/13$750 17 04 020,CBC 110 145-351-28
Huntington Beach,CA 92647 11/1/13$1,500 23008
Total$2,716 64
8101 Newman#D Galaxy Investments, Inc 10/24/13$250 17 04 020, CBC 110 167-471-20
Huntington Beach,CA 92647 Total 460 31 17 04 036 CBC 111 1
16572 Simonne Craig Harms 3/31/15 $250 17 04 020,CBC 109 1 146-292-28
Huntington Beach,CA 92647 Total$360 00
17191 Pacific Coast Hwy Jamie Swaim Harrison 2/28/13$1,000 17 04 020, CBC 116 178-551-16
Huntington Beach,CA 90742 3/14/13$2,000 17 04 036, CSC 111 1
3/15/13$4,000 17 04 020, CBC 110
3/19/13$4,000
3/20113$4,000
3/21/13$4,000
3/22/13$4,000
3/25/13$4,000
3/27113$4,000
3/28/13$4,000
4/1113$4,000
412113$4,000
4/3113$4,000
414113$4,000
415/13$4,000
4/9/13$4,000
4/10113$4,000
4/11/13$4,000
4/16113$4,000
4/17/13$4,000
4/18/13$4,000
4/19/13$4,000
4123113$4,000
4/29/13$4,000
5/2/13$4,000
5/7/13$4,000
5/8/13$4,000
5/29/13$4,000
Total$103,963 60
Reso . 2015-35
EXHIBIT A
Dates/Fine
Property Address Owner Amount(s)/Total Violation(s) APN Number
16301 Fairway Ln William McDonald 11/21/13$250 17 10 050(1) 146-124-06
Huntington Beach,CA 92648 1/14/14$500
2/7/14$1,000
Total$2,404 96
15201 Yorkshire Ln Jeannene Mane Morrow 9/10/13$1,000 17 10 050(u)(z)(p) 145-234-04
Huntington Beach,CA 92647 Total$1 416 77
8131 La Palma Dr Maged S Nessim 3/1/12$1,500 17 10 050 157-343-24
Huntington Beach,CA 92646 Total$3 991 60
7791 Mandrell Dr Maged S Nessim 8124/11 $750 17 04 050(h)(k)(u)(w) 165-221-04
Huntington Beach,CA 92647 5115/13$1,000
8/15113$2,000
9110/13$4,000
9/23/13$4,000
9124/13$4,000
9/25/13$4,000
9/30/13$4,000
1011/13$4,000
10/2/13$4,000
10/3/13$4,000
10/4113$4,000
11/14/13$4,000
11/15/13$4,000
11/18/13$4,000
11/19/13$4,000
11/20/13$4,000
11/21113$4,000
Total$69,664 70
1114 England St Than Nguyen 4/9/14$250 17 04-020,CBC 109 1 025-162-06
Huntington Beach,CA 92648 Total$408 96
16381 Whittier Ln Mary C Nutt 4/3/13$1,500 17 10 050(u)(z)(p) 146-564-11
Huntington Beach,CA 92647 4/22/13$3,000
7/29/14$3,000
8/22114$3,000
Total$11 679 70
15921 Pilgrim Cir Frank Proctor III 8/19/13$250 17 04 020,CBC 110 145-103-23
Huntington Beach,CA 92647 10/17/13$500 17 04 020,CBC 105
Total$974 63
6030 Warner Ave Sparks Enterprises 9/23/13$250 17 04 20,CBC 110 110-301-36
Huntington Beach,CA 92647 Total$369 36 17 04 036,CBC 111 1
18477 Beach BI Sunny Investments LLC 3/4/14$1,000 17 04 020,CBC 109 1 159-031-10
Huntington Beach,CA 92648 Total$1,111 02 17 04 020,CBC 105 1
7652 Slater#6 Jenny Tien 9/19/13$500 17 04 020,CBC 110 939-33-043
Huntington Beach,CA 92647 1/27/14$1,000 17 04 020,CBC 105
Total$1,711 29 17 04 36,CBC 111 1
750,752,754 Main St Judy Wang 6/24/14$5,000 17 10 050(u)(a)(p) 024-282-15
Huntington Beach,CA 92648 6/25/14$5,000
Total$10 146 00
Res. No. 2015-35
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 20, 2015 by the following vote
AYES: Posey, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: O'Connell
ABSTAIN: None
City C#rk and ex-officio rk of the
City Council of the City of
Huntington Beach, California
FATI #2
015P`1
AGREEMENT FOR COLLECTION OF SPECIAL
TAXES, FEES, CHARGES AND ASSESSMENTS
7--IIS AGREEMENT is made and entered into this 611rday of •,Tl,I.L . 20L�by and
between the COUNTY OF ORANGE, a political sumbvision of the State of California, hereinafter
referred to as "County" and City of Huntington Beach , hereinafter
referred to as `Distnct"
RECITALS
The following recitals are a substantive part of this Agreement
VdHEREAS,the parties desire to enter into an agreement whereby taxes and special
assessments for the District will be collected by the County at the same time and in the same
manner as County taxes are collected and the District will pay to the County the fees for
collection hereinafter set forth. and
WHEREAS, Section 29142 of the Government Code provides that when taxes or
assessments are collected by a county for any special distract, or zone, or improvement district
thereof, excluding a school district the board of supervisors may provide for a collection fee for
such services, and
VVIMREAS, Section 29304 of the Government Code provides that whenever any special
assessment or special assessment taxes are levied upon land or real property by any city, county
district or other public corporation, and the same are to be collected by a County,there shall be
added to the amount of the special assessment or special assessment tax an amount fixed by
ab eement between the county and city, district. public corporation, officer, or body for each
special assessment or special assessment tax to be collected, and
WHEREAS, Section 51800 of the Government Code provides for the County to collect
special assessments on County property tax rolls for cities and districts located in the County, and to
enter into an agreement regarding the amount of compensation to be paid to the County for the
collection of such assessments, and
WHEREAS, when requested by Distnct, it is in the public interest that the County collect on
the County tax rolls the special taxes, fees,and assessments for District
NOW,THEREFORE,IT IS AGREED by and between the parties hereto as follows-
AGREEMENT
I Collection Services County agrees, when requested by District as hereinafter
provided, or as required by law, to collect on the County tax rolls the special taxes, fees, and
assessments of Distnet and of each zone or improvement District thereof
2. Transmission of Information When County is to collect District's special taxes and
assessments, District agrees to notify the Orange County Auditor-Controller of the Assessor's parcel
numbers and the amount of each special tax, fee or assessment to County, and including, but not
limited to any act of omission or assessment to be so collected
3 Certification by the District The District shall certify to the Orange County
Auditor-Controller the fixed charge special assessments in a dollar amount to be applied on each
parcel of real property which parcel shall be designated by the assessment (I---. parcel) number
shown on the County Secured Assessment Roll for the year in which the assessment is to be
collected.
4 Verification by District It shall be the obligation of the District prior to the time of
delivery to the Orange County Auditor-Controller of the fixed charge special assessment roll to
check the County Secured Assessment Roll after it is filed by the Orange County Assessor with the
Orange County Auditor-Controller to verify that the parcel numbers on the assessment roll for fixed
charge special assessments certified by the District correspond with the assessment (i e_, parcel)
numbers shown on the County Secured Assessment Roll Any changes in special assessment data
previously certified to the Orange County Auditor-Controller by the District, which changes occur as
a result of such verification, shall be certified by the District to the Orange County Auditor-
Controller
5 Collection Fee County will charge the sum of 0.30 percent (030°!0) of the original
value for each special tax, fee, or assessment that is to be collected on the County tax rolls by the
County for the District
6 Charge for Revision of Assessment After the roll has been delivered by the Orange
County Auditor-Controller to the Orange County Tax Collector the County will charge the District
for each fixed charge special assessment changed or deleted Said charge shall be $15 00 for each
assessment or parcel number placed on the County Secured Assessment Roll Payment shall be
submitted to the Orange County Auditor-Controller with the request for the change or deletion
7 Modification of Collection Fees and Charges The County reserves the right to
increase or decrease any charges herein provided in proportion to any changes in costs incurred by
the County in providing the services described herem,provided that written notice of any increase or
decrease in charges shall be given by the County to the District on or before May 15 of any year
during the term of the Agreement
8 Authority for Levy and Compliance with Law Distract warrants that the taxes, fees,
or assessments imposed by District and collected pursuant to this Agreement comply with all
requirements of state law, including but not limited to Article XMC and XIE D of the California
Constitution(Proposition 218)
9 Release District hereby releases and forever discharges County and its officers,
agents and employees from any and all claims, demands, liabilities, costs and expenses, damages,
causes of action, and judgments, in any manner ansing out of District's responsibility under this
agreement, or other action taken by District in establishing a special tax, fee, or assessment and
implementing collection of special taxes or assessments as contemplated in this agreement, including
but not limited, any required remedial action in the case of delmquencies in such assessment
payments or the issuance, sale, or administration of any bonds issued in connection with the
District's program
2
1 Q. Indemnification District agrees to and shall defend indemnify and save harmless
County and its officers. agents and employees ("indemnified parties") from any and all claims,
demands, liabilities, costs and expenses damages. causes of action, and judgments, in any manner
ansing out of any of District's responsibility under this agreement or other action taken by District in
establishing a special tax, fee. or assessment and implementing collection of special taxes, fees, or
assessment as contemplated in this agreement,including but not limited, any required remedial action
in the case of delinquencies in such assessment payments or the issuance, sale, or admunstration of
any bonds issued in connection with the District's program
11. Cooperation District agrees that its officers, agents and employees will cooperate
with County by answering inquiries made to District by any person concerning District's special tax,
fee, or assessment, and District agrees that its officers agents and employees will not refer such
individuals making inquiries to County officers or employees for response
12. Assianment District shall not assign or transfer this agreement or any interest herein
and any such assignment or transfer or attempted assignment or transfer of this agreement or any
interest herem by District shall be void and shall immediately and automatically terminate this
agreement
13. Term of Agreement All existing agreements between the County and District
pertaining to collection of taxes and special assessments by the County for the District shall be
terminated upon the execution of this Agreement. This Agreement shall continue from year to year
and shall be subject to cancellation by either party by giving written notice to the other party of
cancellation prior to July 1st of the preceding fiscal year
14. waiver County or District's waiver of breach of any one term, covenant, or other
provision of this agreement, is not a waiver of breach of any other term, nor subsequent breach of the
term or provision waived
IN WPTNESS R'HEREOF, the Parties hereto have signed this Agreement as of the day and
year first above written
City of Huntington BeachDISTRICT
By
J
--YT H air H y
Its- Mayor
COUNTY OF ORANGE
By: Frank DOOM
Its 0C -I" �e,4, ,W L, fie^
3
AGREEMENT FOR COLLECTION OF SPECIAL TAXES,
FEES, CHARGES AND ASSESSMENTS
CITY OF HUNTINGTON BEACH
ayo
ity erk '
Ci er
APPR O
i Attorney (Ait53%
REVIEWED AND SUBMITTED
154790/122517
p,u&tor-Controller
AUG `► 2 2015
Property `fax Unit
r CITY OF HUNTINGTON BEACH
Finance Department
Accounts Receivable, Cashiering,
Collections & Disbursements Division
Lora Ann Farrell
Director of Finance
August 4,2015
Mr.Todd Arnold Sent via E-mail/Original via UPS
Orange County Auditor-Controller Todd Arnold@ac ocgov.com
Property Tax Division
630 N. Broadway
Santa Ana,CA 92702-0567
RE: REQUEST FOR SPECIAL ASSESSMENT COLLECTION
Dear Mr.Arnold:
The City of Huntington Beach formally requests that the County add the attached files to the Property Tax Statement as
a Special Assessment. I have reviewed all special assessments and these calculations and certify them under Section
1.18150(d)(2) and Section 2.15.30(k) of the City's Municipal Code and as allowed by Government Code Section 25845,
38773 and 38773.5.
Also enclosed, please find two original Agreements for Collection of Special Taxes, Fees, Charges and Assessments
approved by City Council as required in the letter received from the Orange County Auditor-Controller, Mr. Eric H.
Woolery, dated June 5, 2015. Upon execution of the agreement, please return an executed copy to us. Please mail the
document to:
Joan Flynn,City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
Please note that the phone number and contact for the assessment is Mark Fegan at(714) 374-1554.
If you have questions, please feel free to contact the Finance Department at(714) 536-5200.
Sincerel ,
couj
Carol Molina-Espinoza
Acting Director of Finance
Enclosures•
1) Agreement for Collection of Special Taxes, Fees,Charges and Assessments(two originals)
2) City of Huntington Beach City Council Resolution No. 2015-35—Certified
3) Assessments for Property Tax Rolls (Record Layout)
4) Request for City Council Action(Item 7)
5) City of Huntington Beach Municipal Code Section 1.18
6) City of Huntington Beach Municipal Code Section 2.15
cc:Joan Flynn, City Clerk(w/attachments)
City Attorney(no attachments)
P.D. Box 711, California 92648-0711 + Phone 714-374-1554 ® Fax 714-374-1603
www.huntingtonbeachca.gov/payments
l �
rj G 12 Z015
Property Tax Unit
Jj
ERIC If. NVOOLERY, CPA
fi
A U DI f OR C-ON-P 01 L FR
June 5,2015
TO: Cities and Special Districts
ATTENTION Finance Directors/Managers
SUBJECT: 2015-16 Direct Charges(Special Assessments)
This is Our annual request for information for adding direct charges (special assessments) to the
2015-16 Secured Property Tax Roll
The attached instructions outline the procedures to be followed and the required format of the
direct charge (special assessment) data if your city/special district contracts with a private
consultant for preparation of your direct charge (special assessment( information ensure that your
contractor receives a copy of this package
Please note that an agreement for the placement of direct charges (special assessments) on the
property tax roll is now required and must be signed and submitted with the required governing
body authorization
This letter, instructions, and attachments will be available on the Auditor-Controller's Property Tax
Accounting website, http://ac.ocgov com/info/accounting/
If you have any questions, please contact Todd Arnold at (714)834-2609 told arnold@ac ocgov com,
or Frank Davies at (714)834-3015 frank davies@ac ocgov corn
Your timely cooperation is greatly appreciated
Eric H Woolery
Au�ditor-Controller
M U 1FOP CONIR,,'LLER - 12'VIC km ENTEW 1`11 AIA k ',Av'k 10 - ',ANTA ANA '--AN CRNIA 92110
M ICsNF(7f 0 834--2450 - --AX(�'141 d4 14 ---,1VW(1T Tc-'V"(v� N C r w co m -aC OcqCv
CITY OF HUNT I GTON BEACH
" p Finance Department
Accounts Receivable, Cashiering
r
Collections & Disbursements Division
Lori Ann Farrell
Director of Finance
July 28, 2015
Mr Todd Arnold
Orange County Auditor-Controller Sent by E-mail
Property Tax Division Todd Arnold@ac ocgov com
630 N Broadway
Santa Ana, CA 92702-0567
RE: REQUEST FOR SPECIAL ASSESSMENT COLLECTION
Dear Mr Arnold
The City of Huntington Beach formally requests that the County add the attached files to the Property
Tax Statement as a Special Assessment I have reviewed all special assessment and these
calculations and certify them under Section 1 18 150(d)(2) and Section 2 15 30(k) of the City's
Municipal Code and as allowed by Government Code Section 25845,38773 and 38773 5
Also enclosed, please find the original Agreement for Collection of Special Taxes, Fees, Charges and
Assessments approved by City Council as required in the letter received from the Orange County
Auditor-Controller, Mr Eric H Woolery dated June 5, 2015 Upon execution of the agreement,
please return an executed copy to us Please mail the document to
Joan L Flynn
City Clerk
2000 Main Street
Huntington Beach, CA 92648
Please note that the phone number and contact for the assessment is Mark Fegan (714) 374-1554
If you have questions, please feel free to call me at (714) 536-5200
Sincerely,
Lori Ann Farrell
Director of Finance
Enclosures
1) Agreement for Collection of Special Taxes, Fees, Charges and Assessments
2) City of Huntington Beach City Council Resolution No 2015-35
3) City of Huntington Beach Municipal Code Section 1 18
4) City of Huntington Beach Municipal Code Section 2 15
cc City Attorney (no attachments)
Joan Flynn, City Clerk (w/ attachments)
LAF/mkl
2000 Main Street, California 92648-2702 • Phone 714-536-5630 ♦ Fax 714-374-5934 0
www huntingtonbeachca gov
CITY OF HUNTINGTON
' Finance Department
Accounts Receivable, Cashiering,
Collections & Disbursements Division
r Lori Ann Farrell
Director of Finance
August 4,2015
Mr Todd Arnold Sent via E-mail/Original via UPS
Orange County Auditor-Controller Todd,Arnold ac ocgov corn
Property Tax Division
630 N. Broadway
Santa Ana, CA 92702-0567
RE: REQUEST FOR SPECIAL ASSESSMENT COLLECTION
Dear Mr.Arnold:
The City of Huntington Beach formally requests that the County add the attached files to the Property Tax Statement as
a Special Assessment I have reviewed all special assessments and these calculations and certify them under Section
1.18.150(d)(2) and Section 2.15.30(k) of the City's Municipal Code and as allowed by Government Code Section 25845,
38773 and 38773.5.
Also enclosed, please find two original Agreements for Collection of Special Taxes, Fees, Charges and Assessments
approved by City Council as required in the letter received from the Orange County Auditor-Controller, Mr Eric H.
Woolery, dated June 5, 2015. Upon execution of the agreement, please return an executed copy to us. Please mail the
document to:
Joan Flynn,City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Please note that the phone number and contact for the assessment is Mark Fegan at(714) 374-1554.
If you have questions, please feel free to contact the Finance Department at(714) 536-5200.
Sincere[ ,
Carol Molina-Espinoza
Acting Director of Finance
Enclosures•
1) Agreement for Collection of Special Taxes, Fees,Charges and Assessments (two originals)
2) City of Huntington Beach City Council Resolution No. 2015-35—Certified
3) Assessments for Property Tax Rolls(Record Layout)
4) Request for City Council Action (Item 7)
5) City of Huntington Beach Municipal Code Section 1.18
6) City of Huntington Beach Municipal Code Section 2.15
cc:Joan Flynn, City Clerk(w/attachments)
City Attorney(no attachments)
P Q Box 711, California 92648-0711 * Phone 714-374-1554 ® Fax 714-374-1603
www huntingtonbeachca.gov/payments
AGREEMENT FOR cOLLE CTION OF SPECIAL
T-4--K.ES;FEES, CHARGES-AIND ASSESSII'TENTS
a[S AGREEMENT is made and entered uno thL.,�-4 cas, of ,.7_L t.L y , ?G�-D,, and
betsr eezt tnE COUIN'T'ir OF GRANGE, a polraml szodivision of the Slate of Cali_Rn ia. horeiiafter
refr,-it-�d tee as`Counts"and The City of Huntington Beach herenuaire.
refe_xnd to as 'Districf'
RECITALS
The following r£cnais are a swstanuve pa;_ of thus Agseement:
ViTMRF AL5;the parties desire to entei unto an a-ga vement'whereby-taxes and special
assessments for the District will be collected by the Counts at ttie same time and in the same
rnamm as Countyr taxes are collected and the D=. 1ct will pay to the County the fa:s for
coUec%ion heretnafter set forth: and
WHEREAS Section 29142 of the Government Code provides that when res or
assossmeents are collected by a county for any,sps:aal district, Or ZOne, or improvement diskk=
thereo; excluding a school distract.. the board of supervisors may provide for a collection fee for
such sorvice5 and
V'HEREAS, Section 29304 of the Government Code provides that whme-ver any special
assessment or special assesmen taxes are levied upon land or real property by any city, county- I
district or other public corporation, and the same are to be collected by a County,th;re shall be
added to the amount of the special assessment or special assessment tax an amount feed by
agreement between the county and city, distnct, public corporation, officer; or body for each
special assessment or special assessment tax zo be collected; and
VE'_HEREAS_ Section 51800 of the Government Code provides for the County to collect
special assessments on County property tan rolls for cities and districts located m the Coannry and to
enter into an agreement regarding the amount of compensation to be paid to the Counry for the
collection of such assessments, and
VV=REAS,when requested by District, it is in the public interest that the County collect on
the Connty-tax rolls the special Taxes,fees,and assessments for Dlstnct_
NO'W', TPEREFORE, IT IS AGREED by and between the parties hereto as fellows: I
AGREENXNT
1. Collection Services. Count}, agrees, when requested by District as hereinafter
provided or as required by lain, to collect on the County tax rolls the special taxes, fees, and
assessments of District and of each zone or improvement District thereof
2. Transunssion of Iriformation. When County is to collect District's special taxes and
assessments, District agrees to notify the Orange County Auditor-Controller of the Assessors parcel
ATTACHMENT 1
riu bars and the amount of each special tax, e_ or assessment to County,, and iricludmg, but not
lunited to_ any act of omission or, assessmem to be so collected-
3 Cer ificat]on bfv the Distract_ The District shall certify to thv Orange Count)
Auditor-Controlle, the fixed charge special assessments in a dollar amount to be applied on each
parcel of real property which parcel shall be designated by the assessment parcel) number
shoe-i on the County, Secured Assessment Roll for the year in which the assessment is to be
coIlected
verification by District It shall be tree obli gation of the Distract:prior to the time of
deliver° to the Orange County Auditor-Controller of the fixed charge special assessment roll to
cheer_ the County Secured Assessment Roll after it n filed bar the Orange Cottrit, Assessor VYitfi file
Orange County Auditor-Controller to verify that the parcel numbers on the assessment roll for fixed
charge spacial assessments certified by the District correspond with the assessment (1_e,, parcel)
numbers shown on the County Secured Assessment Roll Any cbaages in special assessment data
previousl} certified to the Orange CouniT Auditor-Controller by the Distract, which chaiiges occur as
a result of such verification, shall be certified by the Distract to the Orange Count) Auditor-
Controller
5 Collection Fee. County ixrdl charge the sum of 0-30 percent (030 ) of the original
vaiiie for each special tag, fee, or assessment that is to be collected on the County tax rolls by the
County for the District
6 C'riarue for Rcvssion of Assessment After the roll has been delivered by the Orange
County Auditor-Controller to the Orange County Tax Collector the County will charge the District
for each fixed charge special assessment changed or deleted_ Said charge shall be S15 DO for each
assessment or parcel number placed on the County Secured Assessment Roll. Payment shall be
submitted to the Orange County Auditor-Controller with the request for the change or deletion
7. Modification of Collection Fees and Cbar es. Tne County reserves the nght to
increase or decrease any charges herein provided in proportion to any changes m costs incurred ov
the County in providing the services described herem_provided that written nonce of any increase or
decrease in charges shall be given by the County to the District on or before Ma3. ? of anv year
during the term of the Agreement
8. Authority for Levy and Compliance with Lau District warrants that the taxes, fees,
or assessments Imposed b} District and collected pursuant to this Agreement comply vsitn all
requirements of state law including but not limited to Article MC and XM of the California
Constitution(Proposition 215)_
} Release_ District hereby releases ana forever discharges County and its offic;rs,
agents and employees from any and all claims. demands, liabilities; costs and expenses, damages,
causes of action, and judgments, in any mariner ansing out of District s responsibility unaer this
agreement or oilier actioia taken by District in establishing a special tax, fee, or assessment and
implementiimg collection of special taxes or assessments as contemplated m tlus agreement, including
but not limited, any required remedial action in the case of delinquencies iu such assessment
payments or the issuance, sale, o, administration of any bonds issued in connection with the
District's program.
2
ATTACHMENT 1
10_ indemmficanan District agrees to and s'M' dafand. indernni�- and save harmless
County and its officers, agents and employes ("ind.emnifia-d parties'} from aii�) and all claims,
demands. iiabilitics, costs and expenses damages, causes of action., and judgments im and, inanrier
ansrng out of any of District's responsibility under this agt'eemrim or other action taken m,District m
establishing a special tax. fee or assessm--lit and zmplemeums collection of special taxes, lees, a:
assessment as mnrcuiplated m this agreement,mi cludi a-but nm h iited, any required mmedial a:-don
rn the case of dehnquencies in such assessment pavments or the issuame, sale. or adminisT, t O-2 of
any bonds issued in connection with the Distrirt's DrO ram
11_ Coouerat)on. District agrees that its ofa-cm. , as-:mU and empiayees will cooperate
with County by answering inquiries made to District by any person concerning Duct s special tz-
fee. or assessment and District agrees that its officers agents and a.mployees -Viu not refer such
individuals leaking inqumes to Count) omcers or employees for respons:
12. Assimment- District shall not assign ar transfer Luis agreement or any interesti hmm
and any such assiD=rit or transfer or attemi�d assignment or tmnsTe= of this agraement or any
interest herein by D,.=ct shall be void and shall i mmed atviy and amornatrm:ally term.iriate ib�
a-c.Teement.
13- Term of AErre--meat All existing agreements between the County and District
pertaining to m oilectian of taxes and special assessments by the Count, for the District shall be
terminated upon the execution of tiers Agreement. T}ns Agreement shaD continue from year m year
and shall be subject to cancellation by eithr party by wing R�-it[en notice to the other pa,,t�' of
cancellation prior to July 1st inn the preceding fiscal year
14 Waiver County or District's waiver of breach of any one term, covenant, or tither
pmv.sion of this agreement; is not a waiver of breach of any other term, nor subsetlrietrt breach oz""the
term or provision waived
Vll R'.I:TNESS WHERE,OF, the Parties hereto have signed this Agreement as of the day and
yea:nrst above written
City of Huntington BeacrDISTRICT
Caa�—r
$y_Ji 1 dy
i —
Its_Mayor
COUNTY OF ORANGE
By:
Its-
3
ATTACHMENT 1
AGREEMENT FOR COLLECTION OF SPECIAL TAKES.
FEES, CHARGES AND ASSESSMENTS
CI T-Y OF HUNTINGTON BEACH
aya
u
Cary rk
11
Citt ahva-br
APPR 0
I , --knomey DW— (okQ 7R
REV WED AND SUBMITTED.
K�' 14,
15-4790/122517
ATTACHMENT 1
RESOLUTION NO. 2 0 2 5—3 5
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 i esponsible 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 casts
incurred by means of a nuisance abatement lien and/or special assessment against the property
where a property-related violation occurred as pant 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 there 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:
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.
15-4806/122655 doc AT}ACHMENT 2
Reso . 2015-35
3 Ptusuant 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 Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of July r2015.
17,0
r
REVIEW APPROVED: APPROVED A - 04 RIM
it�Manager City Attorney kA z
INITIATED AND APPROVED
� ,� , ��-
Director of Finance
t5-4846I122655 doe AT+ACHMENT 2
Reso . 2015-35
EXHIBIT A
i
Dates/Fine
Property Address Owner Amounts)!Total Violation(s) APN Number ,
vdiate fees&tharges
15651 Container Ln Sisson Holdings LLC 8121/13$1,000 17 04.020,CBC 110 145-461-07
Huntington Beach,CA 92649 11/13/1 $1,000 17 04.036 CBC 111 1
Total$2,342.90
6791 Bonnie Dr John T Brennan 215/13$500 17 10 050(b), 146-291-06
Huntington Beach,CA 92647 5/2/13$1,000
Total 2 091 81
219 Portland Richard F Carroll 917112$500 00 17 10 050 025-041-22
Huntington Beach,CA 92648 Total$90616
19032 Mathew Cary Cavalien 11/5/13$250 17 10 050(a) 153-362-37
Huntington Beach,CA 92646 Total$378.45
17152 Palmdale Greg M Cox 6115112$250 17 04 020,CBC 105 111-023-23
Huntington Beach,CA 92647 9124/12$500 17 04 020,CSC 110
5/13113$1,000 17 04 036,CBC 111 1 J
9120/13$1,000
1/13/14 $1,000
Total$4 009.91
6691 Cnsta Palma Dr Cnsta Palma Trust 6691 6114/12$250 17 04 020,CBC 110 165-161-01
Huntington Beach,CA 92647 2/28113$500 17 04 020;CBC 105
10/10/13$1,000
Total$1 935.34
6091 Shelly Dr Harry Dardenan 6/24113$500 21004 145-324-22
Huntington Beach,CA 92547 8/27113$1,000 23012
Total$1 836.53
16892 Gothard#S Ess Prisa 11 LLC 9123/13$250 17 04 020,CSC 105 142-221-23
Huntington Beach,CA 92647 119114$500 17 04 036,CBC 111 1
Total$942 87 17 04 020,CBC 110
7451 Warner#G Ess Pnsa II LLC 1113/14$250 17 04 020,CBC 110 142-221-21 '
Huntington Beach.CA 92647 Total$382 63 17 04 036 CSC 111 1
6141 Albion Dr Donald Fields 9/06113$750 17 04 020,CBC 110 145-351-28
Huntington Beach,CA 92647 1111/13$1,500 230 O8
Total$2,715.64
8101 Newman#D Galaxy Investments,Inc 10/24/13$250 17.04.020;CSC 110 167-471-20
Huntin ton Beach,CA 92647 'total$460.31 17 04.036 CBC 111 1
16672 Simoane Craig Harms 3/31115 $250 17 04 020,CSC 1091 146-292-28
Huntington Beach,CA 92647 'total$360.00
17191 Pacific Coast Hwy Jamie Swaim Hanson 2/28113$1,000 17 04 020,CBC 116 178-551-16
Huntington Beach,CA 90742 3114/13$2,000 17 04 036,CBC 111 1
3115/13$4,000 17 04 020,CSC 110
3/19113$4,000
3120113$4,000
3121113$4,000
3/22/13$4,000
3125113$4,000
3127/13$4,000
3128/13$4,000
411/13$4,000
412A 3$4,000
413113$4,000
414/13$4,000
415/13$4,000
4/9/13$4,000
4/10113$4,000
4111113$4,000
4116113$4,000
4117113$4,000
4118/13$4,000
4119113$4,000
4123/13$4,000
4/29113$4,000
5/2/13$4,000
517113$4,000
5/8113$4,000
5129113$4,000
Total$103 953 50
ATTACHMENT 2
Mesa . 2015-35
EXHIBIT A
Aateslrine
Properly Address Owner Amount(s)/Total Violation(s) APN Number
16301 Fairway Ln William McDonald 110/13$250 17,10 050(1) 146-124-06
Huntington Beach,CA 92648 1/14114$500
20/14$1,000
Total$2 404.95
15201 Yorkshire Ln Jeannene Marne Morrow 19110113$1,000 17 10 050(u)(z)(p) 145_234-04
Huntington Beach,CA 92647 Total$1,416 77
8131 La Palma Or Maged S Nessim 3/1/12$1,500 17 10.050 1.57-343-24
Huntington Beach CA 92646 Total$3,991.60
7791 Mandrell Dr Maged S Nessim 8/24111 $750 17 04 050(h)(k)(u)(w) 165-221-04
Huntington Beach,CA 92647 6/15/13$1,000
8115/13$2,000
9110113$4,000
9123113$4,000
9124113$4,000
9125113$4,000
9130/13$4,000
1011/13$4,000
10013$4,000
10/3113$4,000
10/4113$4,000
11/14/13$4,000
11 it 5/13$4,000
11A8/13$4,000
11/19/13$4,000
11/20/13$4,000
11/21113$4,000
Total$69,664.70
1114 Engiand 5t Than Nguyen 4/9114$250 17 04-020,CBC 109 1 025-162-06
Huntin ton Beach,CA 92648 Total$408.96
16381 Whittier Ln Mary C.Nutt 4/3/13$1,500 17 10 050(u)(z)(p) 146-564-11
Huntington Beach,CA 92647 4/22/13$3,Oo0
7/29114$3,000
8/22/14$3,000
Total$11 679 70
15921 Pilgnm CEr Frank Proctor lit 8/19/13$250 17.04.020,CBC 110 145-103-23
Huntington Beach,CA 92647 10/17/13$500 17 04.020,CSC 105
Total$974 63
6030 Warner Ave Sparks Enterprises 9/23/13$250 17 04 20,CBC 110 110-301-36
Huntin tan Beach,CA 92647 Total$369.35 17 04 036,CBC 111 1
18477 Beach 81 Sunny Investments LLC 314/14$1,000 1704.020.CBC 109 1 159-031-10
Huntington Beach,CA 92648 Total$1,111.02 17 04 020,C8C 1 C)5 1
7652 Slater#6 Jenny Ten 9119113$500 17 04 020,CSC 110 939-33-043
Huntington Beach,CA 92647 1127/14$1,000 17 04 020,CBC 105
Total$1,711 29 17 04 36.CBC 111 1
750,752,754 Main 5t ,lady Wang 6124/14$5,000 17.10.050(u)(a)(p) 024-282-15
Huntington Beach,CA 92648 6125/14$5,000
Total$10 145,00
ATTACHMENT 2
Res. No. 2015-35
i
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 20, 2015 by the following vote*
AYES, Posey, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: O'Connell
ABSTAIN: None
The fVGaAs in Crty rk and ex-officio rk of the
City Council of the City of
inkA c Huntington Beach, California
ATTACHMENT 2
ASsessments for Property Tax Rolls 2015-2016C2.txt
C2 14546107 2342.90 054
C2 14629106 2091.81 054
C2 02504122 831.15 054
C2 15336237 303.45 054
c2 11102323 4009.91 054
C2 16516101 1935.34 054
C2 14532422 1-836. 53 054
C2 14222123 942.67 054
C2 14222121 382.63 054
C2 145351.28 2715.64 054
C2 16747120 460.31 054
C2 17855116 103953.50 054
C2 14612406 2404.95 054 j
C2 14523404 1416.77 054
C2 15734324 3991.60 054
C2 16522104 69664.70 054
C2 14656411 11679 70 054
C2 14510323 974.63 054
C2 11030136 369.35 054
C2 15903110 1111 02 054
C2 93933043 1711.29 054
C2 02428215 10145.00 054
C2 14629228 360.00 054
i
i
Page 1
ATTACHMENT 3
I
Dept ID FN 15-011 Page 4 of 2
Meeting Date 7/2012015
CITY OF HUNTINGTON BEACH
z REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7120/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Lori Ann Farrell, Director of Finance
SUBJECT- Adopt Resolution No 2015-35 approving the Certification of Special
Assessments for Delinquent Civil Fines for Municipal Code Violations, and,
approve and authorize execution of an Agreement with the County for Collection
of Special Taxes, Fees, Charges and Assessments
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 #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 Imeact
The total amount of assessments included in this action equals $226,193 81 Should these special
assessments be placed on the property tax roils, these monies will be included in FY 2015/16
General Fund revenue
Recommended Action
A) Adopt Resolution No 2016-35, "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," and,
B7 Approve and authorize the Mayor and City Clerk to execute the "Agreement for Collection of
Special Taxes, Fees, Charges and Assessments" with the County of Orange
Alternative Action(s)
Do not approve the recommendation and direct staff accordingly
Analysis
In June 1998, the City Council adopted Huntington Beach Municipal Code Chapter 1 181
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
Item 7. - I ATTA WM T 4
Dept ID FN 15-011 Page 2 of 2
Meeting Date 7/20/2015
due, and of the potential for placement of a lien on their property for non-payment of the
outstanding fines and flees Property owners also received invoices for the outstanding fines and
fees and were provided the opportunity to make payment arrangements
Civil fines identified on Exhibit A to this 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 property In addition, the fines will
be reported to the County Tax Assessor for inclusion on the property tax bills
There are two large assessments identified on Exhibit A The first,for a total of$103,953 50 relates
to fines, penalties and interest related to code enforcement action against a medical marijuana
establishment Operating illegally within the City The second, for $69,664 70 relates to fines,
penalties and interest related to code enforcement action against an office building for blighted
conditions
It must be noted that many of the assessments contained on Exhibit A, including the two largest,
were part of Resolution 2014-38 approved by the City Council on July 21, 2014 and submitted to
the County of Orange for inclusion on the tax roll Due to an interpretation of the California
Government Code, the County did not process the assessments for Huntington Beach and other
cities The City is working with other cities and the County to resolve this issue The assessment
total from Resolution 2014-38 is $209,100 and newly added assessments total $17,093 81, bringing
the total amount contained in Exhibit A to $226,193 81
Environmental Status
Not Applicable
Strategic Plan Goal
Strengthen Economic and Financial Sustainability
Attachment(s)
1 Resolution No 2015-36, "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"
2 "Agreement For Collection of Special Taxes, Fees, Charges and Assessments
ATTACHMENT 4
HB -131- Item 7. -
A TTACHMENT #1
ATTACHMENT
RESOLUTION NO 2015-35
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 pet Solis
who commit property-related nuisance violations of the Municipal Cade, and
Certain administrative citations have been issued for such property-dated 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 procedut es
authorized by Government Code Section 38773.5; and
i
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, ate 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
1.18.15G and Government Code Section 38773.5.
15-4806/122655 doc ATUCHMENT 4
I
3 Pursuant to such authority,the Directoi 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 Oi ange
4 The Director of Finance is also authorized to take the necessary steps to have
releases filed with the County Recordex 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 20th day of July ,20I5
or
REVIEW APPROVED• APPROVED A RM
UIVY Managet City Attorney Os z w*kZA
INITIATED AND APPROVED
Director of Finance
I5-4806/122655 doc 2
ATTACHMENT 4
«4JV• ---- ..may
EXH1S[T A
DateslFine
Property Address Owner Amount(s)/Total Violation(s) APN Number
Wilate leas&altargea;
15651 Container Ln Bisson Holdings LLC 8121/13$1,000 17 04 020,CBC 110 145-461-07
Huntington Beach,CA 92649 11/1311 $1,000 17 04 036 CBC 1111
Total$2,342 90
6791 Bonnie Dr John T Brennan 2/5113$500 1710 D50(b), 146-291-06
Huntington Beach,CA 92647 6013$1,000
Total$2,09181
219 Portland Richard F Carroll 9/7112$500 00 17 10 050 025-041-22
Huntington Beach CA 92648 Total 90815
19032 Mathew Cary Covalien 1115113$250 17 16 050(a} 153-362-37
Huntington Beach,GA 92646 Total 78 45
17152 Palmdale Greg M Cox 5115112$250 17 04 020,CBC 105 111-023-23
Huntington Beach,CA 92547 9124/12$500 17 04 02Q CBC 110
5113113$1,000 17 04 036,CBC 111 1
9120113$1,000
1/13114 $1,000
Total$4 009 91
6691 Cristo Palma Dr Cristo Palma trust 6691 6/14112$250 17 04 020,CBC 110 165-161-01
Huntington Beach,CA 92647 2128113$500 17 04 020,CBC 105
10/10113$1,090
Total$1 935 34
6091 Shelly Dr Barry Daralerian 6124113$500 210 04 145-324-22
Huntington Beach,CA 92647 8127113$1,000 23012
Total$1 836 53
16892 Gothard#B Ess Pnsa 11 LLC 9/23113$250 17 04 020, CBC 105 142-221-23
Huntington Beach,CA 92647 119/14$500 17 04 036,CBC 111 1
Total$942 67 17 04 020,CSC 110
7451 Warner#G Ess Pnsa 11 LLC 1113/14$250 17 04 020, CSC 110 142-221-21
Huntington Beach,CA 92647 Total$382 63 17 04 036 CBC 111 1
6141 Albion Dr Donald Fields 9/06/13$750 17 04 020,CBC 110 145-351-28
Huntington Beach,CA 92647 1111/13$1,500 23008
Total 12,715 64
8101 Newman#0 Galaxy Investments,Inc 10/24/13$250 17 04 020,CBC 110 167-471-20
Huntington Beach,CA 92647 Total 60 31 17 04 036 CBC 111 1
16572 Simonne Craig Harms 3/31/15 $250 17 04 020,CBC 109 1 146-292-28
Huntington Beach,CA 92647 Total$360 00
17191 Pacific Coast Hwy Jamie Swaim Harrison 2128/13$1,000 17 04 020,CBC 116 178-551-16
Huntington Beach,CA 90742 3114113$2,000 17 04 036,CBC 111 1
3115113$4,13D0 17 04 020, CBC 110
3/19113$4,OW
312d13$4,000
3/21113$4,000
3122/13$4,000
3125/13$4,000
3127113$4,000
3128113$4,000
4/1/13$4,000
412113$4,000
413/13$4,000
4/4113$4,00D
4/5113$4,000
4/9113$4,000
4110113$4,000
4/11/13$4,000
4/16113$4,000
4/17113$4,000
4118113$4,0D0
4119/13$4,000
4123/13$4,000
4/29113$4,000
512113$4,000
V113$4,000
518113$4,000
5/29113$4,000
Total$103,9153 60
ATTACHMENT 4
EXHIBIT A
D2tesAna
Prop"Address Owner Amounts !Total Violatia s APtd Dumber j
16301 Fairway Ln William McDonald 11/21/13$2W 1710 060(1) 146-124-06
Huntington Beach,CA 92648 1/14/14$500
217/14$1,000
Total$2 404 96
15201 Yorkshire Ln Jeannene Mane Morrow 9/10113$1,000 1710 050(u)(z)(p) 145-23474
Huntington Beach,CA 92647 Tata1$1 416 77
8131 La Palma Dr Maged S Nesmm 3/1112$1,500 1710 050 157-343-24
Huntington Beach,CA 92646 Tfltal 3 991 W
7791 Mandrell Or Maged S Nessrm 8124/11 $750 17 04 050(h)(k)(u)(w) 165-221-04
Huntington Beach,CA 92647 5115113$1,000
8/15113$2,000
9/10113$4,000 I
9123113$4,000
9124/13$4,000
9125113$4,000
9/30113 34,000
10(1113$4,000
10/2/13$4,000
I Ot3/13$4,000
1014113$4,000
11/14/13$4,000
11115/13$4,000
11/18(13$4,000
11/19M 3$4,0W
11/20113$4,000
11/21/13$4,000
Total$89,664 70
1114 England St Than Nguyen 419(14$250 17 04-020,CBC 1091 025-162-06
Huntington Beach,CA 92648 Total 408 96
18381 Whittier Ln Mary C Mutt 4/3/13$1,500 17 10 050(u)(z)(p) 146-564-11
Huntington Beach,CA 92647 V22h3 33,0W
7129114$3.OW
8/22114$3,000
Total$11 679 70
15921 Pdgnm Cir frank Proctor III B/19/13$250 17 04 020,CSC 110 145-103-23
Huntington Beach,CA 92647 10/17(13$500 17 04 020,CBC 105
To#al 974 63
6030 blamer Ave Sparks Enterprises 9/23/13$250 17 04 20,CBC 110 110-301-36
Huntington Beach,CA 92647 Total$369 36 17 04 036,CBC 1111
18477 Beach BI Sunny Investments LLC 3/4114$1,000 17 04 020,CBC 1091 1S9-031-1Q
Huntm on Beach,CA 92646 Total$1,111 02 17 04 020,CBC 1051
7652 Slater#6 Jenny Tien 9119113$500 17 04 020,CBC 110 939-33-043
Huntington Beach,CA 92647 1127114$1,W0 17 04 020,CBC 105
Total$1 711 29 170436,CSC 111 1
750,762,754 Main St Judy Wang 6/,24/14$5,000 1710 050(u)(a)(p) 024-282-15
Huntington Beach,CA 92648 6125/14$5,000
Total 1101146 00
i
ATTACHMENT 4
I
I
Res. No. 2015-35
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 feast a majority of all the members of said City Council
at a Regular meeting thereof held on July 20, 2015 by the following vote
AYES: Posey, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: Norse
ABSENT: O'Connell
ABSTAIN: None
a
City qFrk and ex-of icio rk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT 4
[ATTACHMENT #2
ATTACHMENT
AG?lEEhM\TT FOR C"OLLEC ION OF SPECIAL
TAXES,FEES, CaARGES AND ASSESSMENTS
l`HI5 AGR ffilvENT is made and ntemd mm this Ab rw of emu. ^ 70/S'bye and
betwmm the COZTI4ITY OF ORANCTE, a pohucal subdivision of the State of Caiim�+,?, herrrriafrer
refemdtoas"County'and The City of Buntzn&ton Beach
hersinafrer
ref=ed m as `District''
RRCITA.LS
The followmgmcmis are a substantive par oL fms Agreemenr
WHEREAS,the parties desire to enter mto an aTrement whereby taxes and special
assessime=for the District will be collected by the County at the same time and im the same
mm=as Countyr taxes are col]ected and the District will pay to the Cou y the fees fm
collection heremafter set faith,and
WF ERF.AS, Section 29142 of the Government Code provides that when taxes at-
assessment are collected by a comity for any sl=ial district, or zone, or improvement district
tbereof, excluding a school district,the board of supervisors may provide for a collection,fee for
such sm-nees, and
"%TFI FRFAS, Section 29304 of the Goverument Code provides that whenever any special
assessment or special assessment taxes are levied upon land or real property by any city, cou ty,
district or other public corporwaon, and the same are to be collected by a Countn there shall be
added to the amount of the special assessziient or special assessment tax air amoimt fried by
agreement between the county and city, district,public corporation, ofBcer, or body for each
special assessment or special assessment tax to be collected,and
VIII RF.AS, Section 51900 of the Government Code provides for the County to collect
special.assessments on County property tan rolls for cities and districts located m.the CouatyT, and to
enter into an agreement regarding the amount of compensation to be paid to The Couniy for the
collection of such assessments, and
WHEREAS. when requested by District, it is m the public mterest first the County collect on
The County tax rolls the special tames, fees, and assessments for District.
NOW,TMMEFDRZ IT IS AGREED by and between the parties hereto as fellows-
AGREFEN
1 Collec o—p Services County agrees, when requested by District as hereinafter
provided, or as required by law, to collect oil the County tax rolls the special taxes, fees, and
assessments ofDistnct, and of each zone or itaproverneut Distract thereof
2 Tranm.ission of Information When County is to collect District's special taxes and
assesmmei District agrees to notify the Orange County Anthtor-Controller of the Assessor's parcel
ATTACHMENT 4
numbers and the amount of each special tax, fee, or assessment to County, and it cludmg, but not
limited io any act of omission of assessment to be so collected.
3 Certtf canon by the District The District shall certify to thw Orange County
Andnor-Cone roller the fixed charge special assessments m a dour amo= to be applied on each
parcel of real propmty winch parcel shall be designated by the assessment CD,- parcel) number
shown on the County Secured Assessment Rolf for the year in which the assessm.erd is to be
collet--ed.
4 TVen5acation by District. It shall be the obhgaton of the District prior to the hme of
dalivery to The Orange County Auditor-Controller of the fed charge special assessment roU to
check the County Secured Assessment Roll after it is filed by the Orange County Assessor with Tbc
Change County AudiTor-Controller to verify that the parcel numbers on the assessment roll for fixed
charge special assessments certified by the Dismct correspond with the assessment (i.e., parcel)
numbers shown on the County Secured Assessment Roll Any changes in spemal assessment dua
previously ce-rzfied to the OTange County Auditor-Controller by the Dvtnct,wbach changes occur as
z result of such verificaticiu, shall be certified by the District m the Orange County Auditor-
Controller
5 Collecnon Fee County will charge the sum of 0.30 percent (03001a) of the anginw
value for each special tax, fee, or assessment t A is to be coUectrd on the Conayy tax mils by The
Coumy for the District
6 Charge for Revision of Assessment After the roll has been delivermd by the Orange
County Auchtor-Controller to the C muge. County Tax Collector the County will charge the District
for each fixed charge special assessment changed or deleted Said charge shall be S15.O0 for each
assessment or parcel number placed on the County Secured Assessment Roll,. Payment shall be
m bmatted to The Orange County A.miitoi-Controller with the request for the change or deleb,on
7 Modxficatton of Collection Fees and Charges The Cowity reserves the right to
increase or decrease any charges herein provided m proportion to any chang
.,es in coins nnctured by
The County in providing the services described he Lu, provided that written notice of any increase or
decrease rn charges shall be given by the Coimty to the DLS=t on or before May 15 of any year
during the term of the Agreement
8 Authority for Levv and Canphauce with Lain District warrants Thad.The taxes, fees,
or assessmeas imposed by District and collected pursuant to this Agreement compb, with all
iegi=ments of state law, uicluding, but not hinited to Article XIIC and X[D of the California
Constitution CProposi ton 218)
9 Release District hereby releases and forever discbarges County and its officers,
agents and employees from aay and all claims, demands, habilit Les, costs and expenses, damages,
causes of action, and,lodgments, in any manner ansm, out of D.mct's responsibility under this
agreement, or other action taken by District in establishing a special tax, fie, or assessment and
rmplementmg collectton of special taxes or assessments as contemplated m This agreement, mdudmg
but not limited, aM, required remedial action in the case of delLuq_uencies in sucb assessment
payments or the issuance, sale, or administrahoif of any bonds issued in connectou with the
District's program
z
ATTACHMENT 4
14_ lzudexunincgbon District agmes to and shall defend. mdemnify and save barmless
County and its officers_ ageats aid employees C mdemnifaed parities") from any and all claims,
demands, habihtes, costs and expenses damages, causes of acttan, and judgments, in any mariner
anszng out of any of Disirrct's responsibiluy tinder this agreement,or other aeon ial;=by Dwt6ct in
establisJxtng a special tag fee or assessment and rmplemenrsng collection of speezal taxes, ems, or
assessment as contemplated m ttus agreemen Including but nett Limited, any required.remaddial a=don
in the case of dehnquenpes ur such assessment paymeems or, the issuance, sale; or admtrusmdaa Cr
any bonds issued in connecticm with the Distncr's program
I I coqpmatj Disinct agrees that its officers, a�•erz and employees will cooperate
with Cotuxty by answermg mgmnes made to Dzstzict by any person concezatng DxsInrt's special ,
fee, or assessment, and D=ct agrees that its ofncess arts and employees will not refer sucIx
individuals making mgwnes to County officers or employees for response
12_ A.ssr ettt DL5tnct shall not asmgn or unnsfer this agreement❑2 any zntm est hen
and any such assrgameatt or transfer or atmmpred assignment or transfer of this agreement or any
tmeres€ herem by Dtstact slxall be void and shall mumed ately and automatically termnaie ibis
agreement
13_ Term of Agreement All existing agreemezus betwem the County and Disuict
pertaznmg to collection of taxes and special assessu iexrb by the County far the District shall be
terminated, upon the execution of this Agreement This Agreement shall continue from, year to year
and shaE be svblect to canceL'ahon by either party by giving wntten notice to the other party of
cancellation p:uor to July 1st of the preceding fiscal year
14 Waiver County or District's warner of breach of any one term; covenauL, or o1b=
Provision oftim agreement, is not a waiver of breach of any other terra, nor subseqmnt breach of the
term or provision waived.
IN W)LMSS WHRREOF, the Parties heaeto have sigtied this Agreemem as of the clay and
year first above wntten
City of Huntington Beac�DJSTRgCT
$y
3:IL 11 ardy
Its Mayor
COUNTY OF ORANGE
By:
It$-
3
ATTACHMENT 4
AGREEMENT FOR COLLECTION OF SPECIAL TAXES,
FEES, CHARGES AND ASSESSMENT'S
CITY OF HUNTINGTON BEACH
ayo
City rk
Ci aaa. �r
APPR O
i Attorney vw ta�x.�tt
RE WED AND SUUSMITTED
154790/122517
ATTACHMENT 4
P
ERIC If. WOOLE Y, CPA
AUDfIOR CON-P01 LFR -
June 5,2015
TO: Cities and Special Districts
ATTENTION finance Directors/Managers
SUBJ9CT: 2015-16 Direct Charges(Special Assessments)
This is our annual request for information for adding direct charges (special assessments) to the
2015-16 Secured Property Tax Roll
The attached instructions outfine the procedures to be followed and the required format of the
direct charge (special assessment) data if your city/special district contracts with a private
consultant for preparation of your direct charge (special assessment) information ensure that your
contractor receives a copy of this package
Please note that an agreement for the placement of direct charges (special assessments) on the
property tax roll is now required and must be signed and submitted with the required governing
body authorization
This fetter, instructions, and attachments will be available on the Auditor-Controller's Property Tax
Accounting website. http•//ac.ocgov com/info/accounting/
If you have any questions, please contact Todd Arnold at (714)834-2509 todd arnold@ac ocgov com,
or Frank Davies at(714)834-3015 frank davres@ac ocgov com
Your timely cooperation is greatly appreciated
Z,I
� J V �.
Eric H Woolery
Auditor-Controller
At It riFt 3F'C0NTR,-N LtR • 12 C v1C C ENtEw ri AIA k i•:1.1 ay It- ',AN7A ANA ZAI.11{:. NIA 92/r3!
PIKINi_i7I it e34-24°0• SAX{1141 ii i4 -,<Iq•--fir-W(N k rr w COM•ac oc-gel ',--I I
ATTACHMENT 4
USICE�JLI.l 1.to X-I"IV111V1,311\[S 11 YL %-111-1.111J1Y F.7 A Ll�y'c 1 Ul 7
Huntington Beach Charter and Codes
Up Ir Pr"ious Next Main gallapse _Search Ferint No Frames
MUNICIPAL CQQE
Title t GENERAL PROVISIONS
Chapter 1.18 ADMINISTRATIVE CITATIONS
1.18.010 Applicability
A. This chapter snakes any violation of the provisions of this code subject to civil fine
B This chapter establishes the administrative procedures for the imposition,enforcement,collection,
and administrative review of civil fines pursuant to Government Code Section 53069.4 and the City's
plenary police power under its charter.
C. The issuance of an administrative citation under this chapter is solely at the City's discretion and is
one option the City has to address violations of this code.By adopting this chapter,the City does not
intend to limit its discretion to utilize any other-remedy, civil or criminal, for such violations that the
City may select in a particular case.
D The purpose of issuing administrative citations pursuant to this chapter is to encourage voluntary
and complete compliance with the provisions of this code for the protection and benefit of the entire
community.
E. Notwithstanding any lease, license or any other instrument or agreement,the owner of any real
property has the right to enter upon his or her own property to the extent reasonably necessary to abate
any nuisance or correct any violation of this code existing thereon.The provisions of this subsection
shall be an implied term of any instrument affecting the right to possession of real property located in the
City of Huntington Beach.
F Because of the serious blighting conditions that can result affecting the residents' health and safety,
this chapter is intended to impose strict civil liability upon the owners and lessees of real property for all
building,housing, fire and health code and zoning violations that occur upon the subject premises
(3397-7198)
1.18.020 Definitions
The following definitions apply to the use of these terms for the purposes of this chapter:
Building Violation. Any violation of this code pertaining to building,plumbing, electrical,or other
similar structural or zoning regulations set forth in this code that does not create an immediate danger to
health or safety.
Citation. An administrative citation issued pursuant to this chapter,Citation includes a notice of
noncorrection unless the context clearly shows otherwise.
Citee. Person given an administrative citation charging him or her as a responsible person for a code
violation
City Attorney. The City Attorney or his or her designee.
City Treasurer.The City Treasurer or his or her designee.
Enforcement Officer. Any City employee or agent of the City designated by the director of any City
department which has the authority and responsibility to enforce provisions of this code.
Finance Director. The Director of the City's Finance Department or his or her designee.
http-//www geode us/codes/hunttngtonbeSeLTACV.�WiTAumeipal_code-1-1-18&sho __ 7/27/2015
Chapter 1.18 ADMINISTRATIVE CITATIONS Page 2 of 9
Hearing Officer, The person appointed by the City Manager to serve as the hearing officer for
administrative hearings Prior to conducting hearings the hearing officer must first be certified by the
City Attorney as qualified to provide a fair and impartial hearing based on appropriate education,
ti aiumg and expel fence.
Issued Giving a citation to the citee and issuance occurs on the date when a citation is personally served
on the citee, the date it is mailed to the citee, or the date it is posted on real property where a property
related violation occurs
Issuing Department The City department that has the authority and responsibility for enforcing the
code section(s)designated on a citation as having been violated.
Notice of Noncorrection.A reissuance of an original citation for a building violation which notes a
violation(s)on the original citation has not been corrected within the applicable correction period,
Responsible Person A responsible person is any of the following:
1. A person who causes a code violation to occur.
2. A person who maintains or allows a code violation to continue,by his or her action or failure
to act
3 A person whose agent,employee,or independent contractor causes a code violation by its
action or failure to act
4. A person who is the owner of, and a person who is a lessee or sublessee with the current right
of possession of,real property where a property related code violation occurs.
5 A person who is the on-site manager of a business who normally works daily at the site when
the business is open and is responsible for the activities at such premises_
For purposes of this subsection"person" includes a natural person or legal entity, and the owners,
majority stockholders,corporate officers,trustees,and general partners of a legal entity
There shall be a legal rebuttable presumption that the record owner of a parcel according to the county's
latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any code
violation existing on the premises.
For the purposes of this chapter, there may be more than one responsible person for a code violation,and
a minor at least 14 years of age may be a responsible person subject to the provisions of this chapter.
(3397-7198, 3630-02104,3751-11/06)
1.18.430 Administrative Citation for Non-Building Violation
A. Any enforcement officer upon determining that a provision of this code,which he or she is charged
to enforce,has been violated has the authority to issue an administrative citation to any responsible
person or persons. An enforcement officer may issue a citation for a violation the officer did not see
occur if the officer has determined through investigation that the responsible person did commit the
violation. A responsible petson to whom a citation is issued shall be liable for and shall pay to the City
Treasurer the fine or fines described in the citation when due pursuant to the provisions of this chapter.
B. Each day a violation of this code exists shall be a separate violation and be subject to a separate
fine A citation may charge a violation for one or more days on which a violation exists, and for violation
of one or more code sections.
C. The City may take into consideration the fact that a person has been issued citations when the City
is determining whether to grant, suspend, revoke,or deny any permit, license,or any type of land use
approval for the person and such citations are evidence that the person has committed acts that are not
ATTACHMENT 5
l,trn /%anarw nrnrlr�nr/rnriarlh„»ti»a#nnl,Parhlvipw nhn�#nnir=mnmrinal inch'-1-1 f RRrchn 7/97/701 5
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compatible with the health, safety and general welfare of other persons and businesses in the vicinity,
(3397-7/98, 3630-2/04,3751-11/06)
1.18.040 Administrative Citation for Building Violation
A. When a citation is issued for a building violation,a 30-day correction period shall be provided for
the correction of the violation and the citee shall correct the violation within that period.
Notwithstanding Section 1.18.030, no responsible person for a building violation shall be liable for a
civil fine unless the violation continues after the 30 days allowed for its correction(plus any extension)
and he or she is issued a notice of noncorrection
B The citee of a building violation may request an extension of the correction period provided that a
request is filed with the director of the issuing department before the 30-day period ends. The director
may in his or her discretion grant a reasonable extension of the period of time to correct the violation if
the citee has supplied substantial evidence showing that the correction cannot reasonably be made within
the 30-day period. The director's decision shall be in writing and is final. The filing for such an
extension does not,unless granted,extend the 30-day correction period or any other time periods set by
this chapter
C. If a building violation has not been corrected by the end of the correction period, the enforcement
officei has authority to issue to the responsible person a notice of noncorrection.The citee to whom the
notice of noncorrection is issued shall be liable for and shall pay to the City the fine or fines described in
the notice of noncorrection which fine shall be due on the date the notice of noncorrection is issued.
Additional citations may be issued and fines imposed for every day the violation continues uncorrected
from the date the notice of noncorrection is issued and the citee shall be liable for and shall pay to the
City Treasurer any additional fine which shall be due on the date any new citation is issued.
The director of the department that issued the citation may cancel a citation within 30 days of the citation
date upon a showing of special circumstances if an administrative hearing has not been requested under
Section 1 18.100.
D if upon reinspection the enforcement officer determines the violation has been corrected,he or she
will issue a notice of decision to the citee indicating correction has been made.(3397-7/98, 3751-11/06,
3828-5/09)
1.18.050 Citation Contents
Each administrative citation shall contain the following information:
A. Name of the responsible person for the violation of this code.
B. Date on which an inspection established the code violation.
C issuing department for the code section(s)violated.
D The code section violated.
E. Address where the code violation occurred,
F. Description of the violation established by inspection
G. Amount of the fine for the violation and procedure to pay the fine and avoid a late payment penalty.
H. Designation of a building violation(if applicable), date the 30-day correction period expires, and
how to request an extension of that period, and designation of a notice of noncorrection for a building
violation that has not been corrected.
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Chapter 1.18 ADMINISTRATIVE CITATIONS Page 4 of 9
1 Designation of any prior citations, issued for the same code violations, if known
J. Description of the procedure for requesting a waiver of fine deposit and/or an administrative
hearing to contest a citation.
K. A notice that the code violation is a nuisance and that collection of unpaid fines and/or nuisance
abatement costs can be enforced as an assessment or lien against the property where a property related
code violation occurs and that unpaid assessments can result in the property being sold after three years
by the County Assessor as set forth in Section 1.18.150 of this code.
L Signature of the enforcement officer issuing the citation.
M Date the citation is issued
N Any other information deemed necessary by the City Attorney, City Treasurer or Finance Director
for enforcement or collection purposes.(3397-7/98,3630-02/04,3751-11/06)
1..18.060 Service of Citation
A citation may be served as follows:
A. An enforcement officer may personally serve the citation on the citee. The citee is required to sign a
copy of the citation showing his or her receipt of the citation
B. An enforcement officer may mail the citation by certified mail The citation shall be mailed to the
citee's address shown on the county7s last equalized property tax assessment rolls for a property related
violation, or to any address known for the citee for all other violations.
C. An enforcement officer may post the property in a conspicuous place with a copy of the citation
when the citee resides at an unknown address other than where the violation occurs.A copy of the
citation shall also be mailed via certified mail to the citee at the property address. (3397-7/98, 3630-
02/04)
1.18.070 Amount of Civil Fines
A. The amount of the fines for violating particular provisions of this code shall beset in a schedule of
fines adopted by resolution by the City Council The schedule may include escalating fine amounts for
repeat code violations occurring within specified periods of time.
B. The schedule of fines may also specify the amount of interest, late payment penalty, and processing
fee owed for any fine not paid when due.A late payment penalty and interest shall be owed for fines not
paid within 30 days of the date of issuance of the citation.
C. Fines are due on the day the citation is issued, except(1)fines for building violations shall be due
on the day the notice of noncorrection is issued and(2)when a fine deposit has been waived pursuant to
Section 1.18.110 and the hearing officer upholds the citation,the fine shall be due on the date the
decision is made and personally served on the citee or the date the decision is mailed to the citee.
(3397-7/98,3630-02/04)
1.18.080 Payment of Civil Fines
A. Fines shall be paid to and received by the City Treasurer within 30 days of the date of issuance of
the citation.
B. Payment of a fine shall not excuse the citee from correcting the code violation. The issuance of a
citation and/or payment of a fine does not bar the City from taking any other enforcement action
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regarding a code violation that is not corrected, including issuing additional administrative citations
and/or criminal complaints (3397-7/98,3630-02/04)
1.18.090 Preliminary Review
A. A person issued an administrative citation may request a preliminary review, if the request is made
within 14 days of the date the citation is issued A notice of noncorrection of a building violation shall
not be subject to a request for preliminary review.
B. To obtain a review,the crtee shall go to the City government building where the issuing department
is located. The crtee must present a copy of the citation and a completed and signed request form stating
the reasons why there was no violation or why he or she is not a responsible person for the violation. All
requests shall be date stamped upon receipt
C The preliminary review shall be conducted by a City employee designated by the director of the
issuing department. The reviewer shall not be the enforcement officer who issued the citation. The
purpose of the review is to uncover and cancel any mistakenly issued citations due to errors that are
easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the
citation
D. The preliminary review will be decided at the time the request is filed if reasonably practical as
determined by the reviewer. It shall consist of a review of the citation and the written request form and,
any other evidence submitted at the time of the request by the crtee and,at the discretion of the reviewer,
any other related information. Where the review is not completed within five working days of receipt of
the request,the request shall be deemed denied.
E. The crtee shall be notified of the results of the review by being given a notice of decision form
stating the review decision. The citee may also be given additional notice by telephone or facsimile when
practicable
F A request for preliminary review does not extend any time periods for compliance, including the
fine due date,the time any correction period ends, and the time to request an administrative hearing.
C. If the reviewer concludes that no code violation occurred or that the crtee was not responsible for
the violation,the citation shall be canceled.(3397-7/98)
1.18.100 Request for Administrative Hearing
A Any person receiving an administrative citation may contest it by fling a request for an
administrative hearing,except that a hearing for a building violation may not be requested unless and
until a notice of iioncorrection is issued. To obtain a hearing, the crtee shall file a signed written request
form contained on the reverse side of the citation and indicate the grounds for contesting the citation and
fine.A crtee may contest the citation by denying that a violation occurred, by denying that it was not
corrected within the correction period, if applicable,or by denying that the crtee is a responsible person
for the violation.
B. To be effective and complete,the request must be received by the City Attorney within 30 days of
the date the citation was issued,and be accompanied by evidence of payment of the full amount of the
fine. Where a request and fine deposit are mailed by the crtee,the request and fine deposit shall be
deemed filed on the date received by the City Treasurer. All requests shall be date stamped upon receipt.
C. The person requesting the administrative hearing may file a written declaration with the City
Attorney before the hearing or personally attend the hearing on the date,time and place specified by the
City Attorney A failure to file a written declaration before the hearing or personally attend the hearing
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Chapter 1.18 ADMINISTRATIVE CITATIONS Page 6 of 9
will be considered a non-appearance Non-appearance by the citee shall constitute an abandonment of
the request, unless the hearing was continued pursuant to Section 1 18 120(F). (3397-7/98,3630-02/04)
1.18.110 Waiver of Fine Deposit
A A person who files a request for an administrative hearing may also iequest at the same time a
hardship waiver of the fine deposit. To seek such a waiver and obtain a separate hearing on the request,
the citee must check the box indicating this request on the form contained on the reverse side of the
citation and attach a statement of the grounds for the request. To be effective,this form requesting the
waiver and the administrative hearing must be received by the City Attorney within 30 days of the date
the citation is issued
B. The person requesting the waiver bears the burden of establishing by substantial evidence that he or
she does not have the financial ability to make the deposit of the fine.The citee shall appear at the
hearing as set by the City Attorney's office or file a written declaration with the City Attorney prior to
the hearing. A failure to file a written declaration before the hearing or personally attend the hearing will
he considered a non-appearance.Non-appearance shall constitute an abandonment of both the requests
unless the hearing was continued pursuant to Section 1 18 120(F)
C. The waiver request will be decided by the hearing officer at a separate heai7ng before the
administrative hearing on the contest of the citation.At the conclusion of the hearing on the waiver
request,the hearing officer shall issue a decision that the fine deposit is or is not waived.A copy of the
notice of decision shall be delivered to the citee at the end of the hearing on the waiver request.
D. If the waiver is denied,the citee shall pay the fine amount within 14 days to the City Treasurer.
Failure to make the deposit by the time required shall be deemed an abandonment of the contest.Upon
receipt of the fine amount,the administrative hearing to contest the citation shall be set pursuant to
Huntington Beach Municipal Code Section 1.18.120.
E. The fling of a request for hardship waiver of the fine deposit does not extend any time periods set
forth in this chapter, except the time when the fine deposit must be made. The hearing officer"s decision
on the waiver request is final and not subject to an appeal pursuant to Section 1 18 140.(3397-7/98,
3630-02/04,3751-11/06)
1.18.120 Hearing Procedures
A. The hearing shall be conducted by a hearing officer on the date,time and place specified by the City
Attorney
B. The City Attorney shall ensure that the pertinent citation records are delivered to the hearing officer
for a citation set for a hearing, including information showing all fine deposits and waivers granted The
City Attorney shall also make available to the citee before the hearing a copy of any additional reports
concerning the citation that are provided to the hearing officer.
C. The citee shall be given the opportunity to testify and to present evidence relevant to the code
violation specified in the citation.A parent or legal guardian of a citee who is a minor, under 18 years of
age,shall accompany the citee
D. The citation and any other reports prepared by the enforcement officer, or at his or her request,
concerning the code violation or attempted correction of the code violation that are provided to the
hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and
the facts stated in such documents.
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E Neither the enforcement officer nor any other representative of the City shall be required to attend
the hearing, nor shall the hearing officer require that there be submitted any evidence, other than the
citation,that may exist among the public records of the City on the violation.However, any such
appearance and/or submission may be made at the discretion of the enforcement officer or any City
employee or agent.
F The hearing officer may continue a hearing if a request is made showing good cause by the citee or
a representative of the City. All continuance i equests shall either: (1) be made in person at the hearing by
the citee or his or her representative if the citee is physically unable to attend,or(2)be made by a written
request received by the City Attorney at Ieast 24 hours before the hearing date. If the continuance is
granted,a new hearing date shall be set within 45 days. If the continuance is denied,the hearing shall
proceed then and there as scheduled, and if the citee is not present the request(s)shall be deemed
abandoned in accordance with subsection H below. The hearing officer's decision is final and he or she
shall either personally give the notice of decision to the citee or the representative if present at the end of
the hearing or request that the notice be mailed by the City Attorney.
G The hearing shall be conducted informally and the legal rules of evidence need not be followed.The
hearing officer does not have the authority to issue a subpoena.
H. The failure of the citee to appear at the hearing, unless the hearing was continued per subsection F
of this section,shall constitute an abandonment of the request for waiver of the fine deposit and/or the
contest,and a failure to exhaust administrative remedies concerning the violation set forth to the citation.
The fine deposit shall be credited by the City upon the fine due for the violation The failure to appear by
the citee shall be noted on the notice of decision by the hearing officer which will be mailed to the citee
by the City Attorney. (3397-7/98,3630-02/04)
1.18.130 Administrative Hearing Decision
A After considering all the evidence and testimony submitted at the administrative hearing,the
hearing officer shall issue a written decision to uphold or cancel the citation. The hearing officer has no
discretion or authority to reduce or modify the amount of any fine The decision will be made on a notice
of decision form and will state the reasons and evidence considered for the decision.The decision of the
hearing officer shall be made at the conclusion of the hearing and shall be final. The notice of decision
for the administrative hearing shall be personally delivered to the citee at the conclusion of the hearing.
B If the decision is to uphold the citation,the City shall keep the fine deposited as payment upon the
fine due If the decision is to cancel the citation,the Finance Director shall refund the fine deposit to the
citee within 30 days of the filing of the decision.If the citation is upheld and the fine deposit has been
waived,the fine shall be due to the City Treasurer on the date the decision is given to the citee at the end
of the hearing by the hearing officer
C. The hearing officer's continued employment, performance evaluation,compensation, and benefits
shall not directly or indirectly be linked to the amount of citations upheld or canceled by the officer.
(3397-7/98, 3751-11/06)
1.18.140 Right to Judicial Review
A The citee may seek judicial review of the administrative hearing decision by filing an appeal with
the West Justice Center of the Superior Court within 20 calendar days after the citee receives a copy of
the nonce of decision at the conclusion of the hearing to accordance with the provisions of California
Government Code Section 53069 4.The appeal filed with the court must also contain a proof of service
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Chapter 1 18 ADMINISTRATIVE CITATIONS Page 8 of 9
showing a copy of the appeal was served upon"City of Huntington Beach (Attention City Attorney)."
The citee must pay to the West Justice Center a$25 00 filing fee when the appeal is filed.
B No appeal is permitted from a decision on a request for preliminary review, or an extension of the
30-day correction period for building violations,or a request for waiver of the fine deposit, or where the
citee is deemed to have abandoned the contest of the citation by an unexcused nonappearance at the
hearing or failure to deposit the fine
C. The City Attorney shall forward to the Court,within 15 days of its request,the pertinent citation
documents for any case appealed to that court. if the Court cancels any citation,the City Treasurer will
refund any fine deposit made and the$25.00 appeal filing fee. (3397-7/98, 3630-02/04, 3751-11/06)
1.18.150 Collection of Unpaid Fines
A The City Treasurer at his or her discretion may pursue any and all legal and equitable remedies for
the collection of unpaid fines, interest and penalties.
1. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines,
interest and penalties owed by a person under this chapter have been collected.
2. The City may refuse to issue, extend,or renew to any person,who has unpaid delinquent
fines, interest,penalties, liens or assessments,any City permit, license,or other City services or
approval pertaining to the property or person that is the subject of the fine and citation.
3. Any permit, license, or any type of land use approval issued by the City to a person who has
unpaid fines, interest and penalties totaling$1,000 00 or more that remain delinquent for 30 days or
longer shall automatically be suspended The suspension becomes effective 10 days after the day
notice of the suspension is sent via certified,U.S. mail,postage prepaid,addressed to the person,
and continues until the delinquency is paid in frill.The person may request a review hearing
pursuant to the procedures in Section 1.18.090 on the issue of delinquency, if the request is filed
before the I 0-day period ends Continuing to operate under a suspended permit„ license or approval
shall be grounds for the revocation of the permit, license or approval.
4. The City Attorney, at his or her discretion, may also issue a criminal complaint to any citee for
a code violation when the applicable fine, interest or penalty has not been paid
B. Any violation of this code shall constitute a nuisance 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 in accordance with
the procedures in Government Code Sections 38773.1 and 38773.5. Any unpaid delinquent civil fines,
interest and penalties may be recovered as such a lien or special assessment against the property of the
responsible person who is the owner of the property where the violation occurred.
C To pursue an abatement of a code violation as a nuisance and recover any delinquent civil fines,
interest and penalties as a lien or special assessment,the following conditions must be met:
1. The City Treasurer, in conjunction with the City Attorney,must certify the amounts of the
liens and special assessments sought to be collected from each property owner;and
2. The total amount of the delinquent fine, interest and penalty against the property owner must
be$250 00 or more and be delinquent for 60 days or more.
D. The City Treasurer is authorized to take any steps necessary to enforce collection of the lien or
special assessment, including but not limited to the following:
l. Request the County Recorder to record a notice of any lien or special assessment certified by
the City Treasurer
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2. Request the County Tax Collector to collect any special assessments certified by the City
Treasurer.
The City Treasurer may pursue these remedies whether or not the City is pursuing any other action to
terminate an ongoing code violation that was the basis for the fine.
E All citations shall contain a notice that unpaid lines, interest and penalties are subject to the
assessment and lien collection procedures of this section. This notice shall satisfy the notice
requirements of Government Code Sections 38773.1 and 38773 5 when a citation is personally served on
the citee.
F. The mother, fattier and the legal guardian if there is no living parent, of a citee who is a minor shall
be liable for any fines,penalties or interest or any other fees imposed upon the minor pursuant to the
provisions of this chapter Any such amounts may be collected from the minor or a parent or guardian.
(3397-7/98, 3630-02/04,3751-11/06, 3828-5/09)
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Huntington Beach Charter and Codes
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MUNICIPAL CODE
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.15 FINANCE DEPARTMENT
2.15.010 Establishment
There is hereby established a Finance Department which shall include the staff functions of finance,and
purchasing. (3752-11/06)
2.15.020 Objectives
The objectives of the department shall be to establish, facilitate and maintain support to City operating
departments. (3752-11/06)
2.15.030 Director—Powers and Duties
The Director of Finance shall be appointed by the City Manager The director shall have the following powers
and duties
A. Direct,plan, organize and coordinate prograins and activities of the Finance Department.
B Establish and maintain a system of financial procedures, accounts and controls for the City
government and each of its offices, officers,departments and agencies,
C. Provide direction for the control of all expenditures to ensure that budget appropriations are not
exceeded
D. Manage the business license functions including-lie issuance of permits.
E. Direct and administer the City's centralized purchasing function with regard to procurement of all
supplies, services and equipment for all City departments and agencies of the City,
F Administration and enforcement of appropriate sections of Title 5 of the Huntington Beach
Municipal Code relating to business licensing
G Administer and enforce all Municipal Code regulations including but not limited to.
1. Licensing Procedures(Chapter 5.08).
2. Natural Resources Production(Chapter 5.32).
3. Transient Occupancy Tax(Chapter 3.28).
4 Late Charges(Chapter 3.48).
5, Service Connections(Chapter 14.08).
6. Fees,Rates and Deposits(Chapter 14.12)
H. Establishes and controls all bank accounts,negotiates services and contracts with bank, and handles
returned checks and reconciliation thereof
I. Collects and deposits or causes to be deposited monies owed to the City whether by tax, fee,
charge,judgment, settlement or otherwise; utilizes letters,phone calls, and collection agencies as
required; and may write off uncollectrble items up to$10,000 00 without further authorization, between
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Chapter 2 15 FINANCE DEPARTMENT Page 2 of 2
$10,000.00 and$50,000.00 with the prior approval of the City Manager and in excess of$50,000.00
with City Council approval only, in furtherance of the City Treasurer's duties under the City Charter
J Makes cash flow projections on a weekly and monthly basis.
K Receives all City monies including taxes,fees,water,sewer and trash fees including oil well
royalties and transient occupancy taxes in Rutherance of the City Treasurer's duties under the City
Charter,
L. Maintains all trusts,bonds, security agreements,and funds for the City including the filing,
depositing,refunds and releases, letters of release,and Enquiries relating thereto. (3807-8/08, 3907-3/11)
2.15.040 Appointment of Subordinates
The director,with the approval of the City Manager, shall appoint all other officers, assistants,deputies and
employees of the Finance Department. (3907-3/11)
2.15.050 Financial and Accounting Duties of City Clerk Transferred
In accordance with Government Code Sections 37209 and 40805 5,the financial and accounting duties
imposed upon the City Clerk by Government Code Sections 40802 through 40805 are hereby transferred to
the Director of Finance. (3907-3/11)
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