HomeMy WebLinkAbout08-18-2015 Item 14 Delinquent Code Enforcement Resolution
Meeting Date: 8/18/2015
FROM: Anne Schneider, Chief Building Official
SUBJECT: RESOLUTION AUTHORIZING THE COLLECTION OF DELINQUENT
CODE ENFORCEMENT FINES
RECOMMENDATION
1. Rescind and replace Resolution No. 10625 (2015 Series).
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the San Luis Obispo County Auditor to assess amounts
due on delinquent Administrative Fines as special assessments against properties
pursuant to California Government Code Section 53069.4(A).”
DISCUSSION
Resolution No. 10625 (2015 Series), authorizing the collection of administrative fines on the
secured property tax rolls, was adopted at the City Council June 2, 2015 meeting. Upon receipt
by the County Auditor, it was requested that reference to Government Code 54988, the statutory
provision pursuant to which the collections were previously noticed and authorized, be
referenced expressly in the resolution. Attachment 2 is the amended draft of the resolution
showing the requested changes. No substantive changes have been made to the resolution or the
penalties to be collected.
CONCURRENCES
The City Attorney and Community Development Department concurs with the recommendation.
FISCAL IMPACT
There is no fiscal impact associated with the recommendation in this report.
Attachments:
1 - Resolution No. 10625
2 - Draft Resolution
14
Packet Pg. 149
RESOLUTION NO. 10625 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE SAN LUIS OBISPO
COUNTY AUDITOR TO ASSESS AMOUNTS DUE ON DELINQUENT
ADMINISTRATIVE FINES AS SPECIAL ASSESSMENTS AGAINSTTHE
PROPERTIES PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 53069.4(A).
WHEREAS, Government Code Section 53069.4(a) authorizes the City to adopt an
ordinance that governs the imposition, enforcement, collection and administrative review of
administrative fines arising out of violations of the Municipal Code; and
WHEREAS, Pursuant to Government Code Section 53069.4(a), the City adopted
Chapter 1.24 of the Municipal Code, which has been subsequently amended; and
WHEREAS, Section 1.24.140 of the Municipal Code provides that the City may request
that the County Assessor collect, on behalf of the City, any administrative fines which are more
than 60days delinquent, and which are certified by the City Council as special assessments; and
WHEREAS, The City Council of San Luis Obispo finds that all of the fine amounts for
the referenced properties listed below are at least 60 days delinquent; and
WHEREAS, the property owners responsible for the violations were notified of the
violations and received citations and were subsequently notified in writing by a notice mailed
May 1, 2015 pursuanttoSection 1.24.140 of the Municipal Code of this hearing and their right
of appeal;
NOW, THEREFORE, BE IT RESOLVED by the City Council of San Luis Obispo as
follows:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein
by this reference as the findings of the City Council.
SECTION 2. Action. The City of San Luis Obispo hereby authorizes the San Luis
Obispo County Auditor to assess the amounts due on delinquent accounts as special assessments
against the properties listed on Exhibit A.
Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the
following roll call vote:
AYES: Council Members Carpenter, Christianson and Rivoire,
ViceMayor Ashbaugh and Mayor Marx
NOES: None
ABSENT: None
R 10625
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Resolution No. 10625 (2015 Series)
Page 2
The foregoingresolution was adopted this 2 "d day of June2015.
Y-G
a r Jan Marx
ATTEST:
APPROVED AS TO FORM:
Ian' Me Dietric
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this V- . day of 20 t s
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Resolution No. 10625 (2015 Series)
Page 3
LIST OF PROPERTIES
Exhibit A
f Name of Property Owner Assessors Parcel Property Address Amount /Cite
No.
KarenTraver Tre 004 - 441 -022 1527 Oceanaire Dr., San Luis 150.00
Obispo, CA AC2014100,
AC2015012
Linda Davenport 053- 242 -019 1035 Cortez Ct., San Luis Obispo, 700.00
CA AC2015018,
AC2014114,
AC2014101
Peter Burtness 004 - 781 -067 2675 Johnson Ave. San Luis 1400.00
Obispo, CA AC- 2014095,
AC- 2014096
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R ______
RESOLUTION NO. _____ (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE SAN LUIS OBISPO
COUNTY AUDITOR TO ASSESS AMOUNTS DUE ON DELINQUENT
ADMINISTRATIVE FINES AS SPECIAL ASSESSMENTS AGAINST THE
PROPERTIES PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 53069.4(A).
WHEREAS, Government Code Section 53069.4(a) authorizes the City to adopt an
ordinance that governs the imposition, enforcement, collection and administrative review of
administrative fines arising out of violations of the Municipal Code; and
WHEREAS, Pursuant to Government Code Section 53069.4(a), the City adopted Chapter
1.24 of the Municipal Code, which has been subsequently amended; and
WHEREAS, Section 1.24.140 of the Municipal Code provides that the City may request
that the County Assessor collect, on behalf of the City, any administrative fines which are more
than 60 days delinquent, and which are certified by the City Council as special assessments; and
WHEREAS, The City Council of San Luis Obispo finds that all of the fine amounts for
the referenced properties listed below are at least 60 days delinquent; and
WHEREAS, the property owners responsible for the violations were notified of the
violations and received citations and were subsequently notified in writing by a notice mailed May
1, 2015 pursuant to Section 1.24.140 of the Municipal Code of this hearing and their right of
appeal;
NOW, THEREFORE, BE IT RESOLVED by the City Council of San Luis Obispo as
follows:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference as the findings of the City Council.
SECTION 2. Resolution No. 10625 (2015) is hereby rescinded and repealed.
SECTION 3. Action. The City of San Luis Obispo hereby authorizes the San Luis Obispo
County Auditor to assess the amounts due on delinquent accounts as special assessments against
the properties listed on Exhibit A, pursuant to California Government Code 54988, et seq.
The foregoing resolution was adopted this _____ day of _____________________ 2015.
____________________________________
Mayor Jan Marx
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Resolution No. (2015 Series) Page 2
ATTEST:
____________________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Anthony J. Mejia
City Clerk
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Resolution No. (2015 Series) Page 3
EXHIBIT A
LIST OF PROPERTIES
Name of Property Owner Assessor’s
Parcel No.
Property Address Amount/Cite
Karen Traver Tre 004-441-022 1527 Oceanaire Dr., San Luis
Obispo, CA
$150.00
AC2014100,
AC2015012
Linda Davenport 053-242-019 1035 Cortez Ct., San Luis Obispo,
CA
$700.00
AC2015018,
AC2014114,
AC2014101
Peter Burtness 004-781-067 2675 Johnson Ave. San Luis
Obispo, CA
$1400.00
AC-2014095,
AC-2014096
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