HomeMy WebLinkAboutAdopt Resolution No. 2019-49 Approving the Certification of ��. 19PPRO✓ED ?-v
City of Huntington Beach
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File #: 19-759 MEETING DATE: 7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Dave Kiff, Interim City Manager
PREPARED BY: Chuck Adams, Interim Chief Financial Officer
Subject:
Adopt Resolution No. 2019-49 Approving the Certification of Special Assessments for
Collecting Delinquent Civil Fines for Nuisance Violations of the Municipal Code
Statement of Issue:
Each year, the City records notices of special assessment against private property for the value of
unpaid civil fines plus interest and penalties pursuant to Ordinance No. 3397 adopted by the City
Council on June 15, 1998. City Council approval is required in order to meet the filing deadline with
the County of Orange.
Financial Impact:
The total amount of assessments included in this action equals $193,196.35. Should these special
assessments be placed on the property tax rolls and subsequently collected, these monies will be
deposited in the General Fund in Fiscal Year 2019/20.
Recommended Action:
Adopt Resolution No. 2019-49, "A Resolution of the City Council of the City of Huntington Beach
Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of the
Municipal Code."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
In June 1998, the City Council adopted Huntington Beach Municipal Code Chapter 1.18 authorizing
the issuance of administrative citations that impose civil fines for violation of the Municipal Code of
the City of Huntington Beach. Pursuant to Section 1.18.150 of the Municipal Code, the City may
certify certain fines, interest and penalties as delinquent and have them collected as special
assessments against the real property involved. These assessments are limited to property related
violations, wherein the fines exceed $250.00 cumulatively and are 60 days past due. In addition, all
hearing or appeal rights of the cited persons have been exhausted.
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File #: 19-759 MEETING DATE: 7/15/2019
For each of the properties being considered for placement of a lien, staff verified that the owners
received proper notification of the violations, citations, notification of the outstanding fines and fees
due, and of the potential for placement of a lien on their property for non-payment of the outstanding
fines and fees. Property owners also received invoices for the outstanding fines and fees and were
provided the opportunity to make payment arrangements.
Civil fines identified on Exhibit A to this Resolution have not been paid. The fine amounts will be
levied against the properties, non-payment of which will incur penalties and will appear as an
exception to the title on a title report at the time of transfer of the property. In addition, the fines will
be reported to the County Tax Assessor for inclusion on the property tax bills.
All assessments identified on "Exhibit A" represent fines, penalties, and interest related to code
enforcement actions.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Resolution No. 2019-49, "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."
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RESOLUTION NO. 2019-49
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL
ASSESSMENTS FOR COLLECTING DELINQUENT CIVIL FINES
FOR NUISANCE VIOLATIONS OF THE MUNICIPAL CODE
WHEREAS, the City Council has adopted Huntington Beach Municipal Code
1.18, which provides that any violation of its Municipal Code shall constitute a nuisance;
and
Authorizes the issuance of administrative citations that impose civil fines upon
persons who commit property-related nuisance violations of the Municipal Code; and
Certain administrative citations have been issued for such property—related
nuisance violations and civil fines imposed thereby have not been paid by the responsible
persons who committed the Municipal Code violations; and
Section 1.18.150 of the Municipal Code provides that any unpaid delinquent civil
fines, interest and penalties may be recovered as such a nuisance abatement lien or
special assessment against the property of the responsible person who is,the owner of the
property where the violations occurred; and
To compel code compliance, the City may seek to abate the nuisance and collect
the costs incurred by means of a nuisance abatement lien and/or special assessment
against the property where a property-related violation occurred as part of the nuisance
abatement procedures authorized by Government Code Section 38773.5; and
The City Council wishes to certify certain property-related nuisance abatement
fines, interest and penalties as delinquent and have them collect as special assessments
against the real property involved.
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
1. The special assessments designated on Exhibit A, which is attached and
incorporated herein by this reference, are hereby certified as being delinquent civil fines,
interest and penalties owing to the City of Huntington Beach and qualified for collection
as special assessments under Section 1.18.150 C.
2. The City Council as part of the City's nuisance abatement program orders
that these delinquent fines, interest and penalties are to be collected as special
assessments against the respective properties shown on Exhibit A pursuant to the
provisions of Municipal Code Section 1.18.150 C and Government Code Section
38773.5.
19-7749/207925 1
RESOLUTION NO. 2019-49
3. Pursuant to such authority, the Chief Financial Officer is directed to take
the requisite steps for recording notice of such assessments against the respective
properties in the property records of the County of Orange and for obtaining the
collection of such assessments by the Tax Collector of the County of Orange.
4. The Chief Financial Officer is also authorized to take the necessary steps
to have releases filed with the County Recorder when any such special assessments have
been paid.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 15th day of July , 2019.
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REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manager Fn City AttorAey
INITIATED AND APPROVED:
Interim Lhief Financial Officer
19-7749/207925 2
P'650L-I nM& /Mc . 201 e) y�
Dates/Fine
Amount(s)/Total
(w/late fees&
Property Address Owner charges) Violation(s) APN Number
9581 Telhan Dr Huntington Robert Briganti 12/22/17$500 17.10.050(z) 153-153-30
Beach,CA 92646 1/30/18$1,500 HB250 231.02(E)
5/7/18$3,000 CHSC 17920.3(a)(14)
5/31/18$4,000 CHSC 17920.3(g)
6/27/18$4,000
7/23/18$4,000
10/17/18$4,000
11/15/18$2,000
Total$26,319.43
19502 Surfdale Ln Diane Starbuck 17.10.050(p); 023-202-05
Huntiingtn Beach,CA 5/20/1 5/4 $6$44,, 00000 17.10.050(u);
/1
92648 5/21/16$4,000 8.48.180;
5/23/16$4,000 CHSC 17920.3(i)
5/23/16$2,000
7/28/16 $4,000
7/29/16$4,000
3/8/18$500
3/21/18$1,000
3/27/18$2,000
3/29/18$2,000
4/4/18$2,000
4/20/18$2,000
4/25/18$2,000
4/26/18$2,000
5/8/18$2,000
Total$44,094.07
19092 Beach BI Vs J, K, L& Phoung Pham 4/9/18$1,000 17.10.050(c) 153-041-28
M Huntington Beach,CA 4/9/18$1,000 17.04.020
4/9/18 $500 HB250 204.18 CBC 111.1
7/11/18$2,000 HB250 215.04 CBC 111,112.3
7/11/18$2,000
7/11/18$1,000
8120/18$1,000
8/20/18$500
8/20/18$1,000
8/22/18$2,000
8/22/18$2,000
8/22/10$1,000
9/21118$500
11/15/18$1,000
Total$27,769.48
17511 Griffin Ln#7 Bao Voung Ho 4/30/19 $4,000 17.10.050(b)(1)(2) 939-271-30
Huntingtion Beach, CA 5/1/19 $4,000 17.04.020
92647 Total$8,078.00 CHSC 17920.3(a)(14)(B)(4)(6)(D)
2019-2020 Lien List detail Council 6-30-19.xis
Dates/Fine
Amount(s)/Total
(w/late fees&
Property Address Owner charges) Violation(s) APN Number
9442 Greenwich Dr Ann Lydia Pigage 4/19/17$250 17.10.050(z) 153-323-17
Huntington Beach,CA HB250 210.04
5/
92646 5/1/17$$1,000 HB250 HB250 231.02 E1
5/9/17$250 CHSC 17920.3(1)
/1
5/11/17$1,250
5/18/17$500
5/19/17$1,000
5/21117$500
5/25/17$1,000
5/31/17$1,000
6/3/17$1,000
6/7/2017$1,000
6/9/17$1,000
6/19/17$1,000
5/20/19$1,000
8/2117$1,000
8/9/17$1,000
8/12/17$1,000
8/13/17$1,000
8/21/17$1,000
9/5/17 $1,000
9/14/17$1,000
9/26/17$1,000
9/27/17$1,000
9/30/17$1,000
10/8/17$1,000
10/12/17$1,000
11/1/17$1,000
3/8/18$1,000
3/13/18$1,000
3/23/18 $1,250
7123/18 $1,000
8/23/18 $3,000
8/24/18$2,000
8/25/18 $2,000
8/26/18 $2,000
8/27118 $2,000
8/28/18 $2,000
8/29/18 $3,000
8/30/18 $3,000
8/31/18 $2,000
9/1/18 $2,000
9/2118 $3,000
9/3/18 $3,000
9/4/18 $3,000
915/18 $3,000
9/6/18 $2,000
9/7/18 $2,000
9/12/18 $3,000
Total$86,935.37
2019-2020 Lien List detail Council 6-30-19.xis
Res. No. 2019-49
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on July 15, 2019 by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California