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:
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Adopt Resolution No. 2019-49 Approving the Certification of Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of the Municipal Code
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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:
recommendation
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."
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Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
In June 1998, the City Council adopted Huntington Beach Municipal Code Chapter 1.18 authorizing the issuance of administrative citations that impose civil fines for violation of the Municipal Code of the City of Huntington Beach. Pursuant to Section 1.18.150 of the Municipal Code, the City may certify certain fines, interest and penalties as delinquent and have them collected as special assessments against the real property involved. These assessments are limited to property related violations, wherein the fines exceed $250.00 cumulatively and are 60 days past due. In addition, all hearing or appeal rights of the cited persons have been exhausted.
For each of the properties being considered for placement of a lien, staff verified that the owners received proper notification of the violations, citations, notification of the outstanding fines and fees due, and of the potential for placement of a lien on their property for non-payment of the outstanding fines and fees. Property owners also received invoices for the outstanding fines and fees and were provided the opportunity to make payment arrangements.
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.”