HomeMy WebLinkAbout06-06-2017 Item 06 Resolution Authorizing the Collection of Delinquent Code Enforcement Fines Meeting Date: 6/6/2017
FROM: Michael Codron, Community Development Director
Prepared By: Anne Schneider, PE, Chief Building Official
SUBJECT: RESOLUTION AUTHORIZING THE COLLECTION OF DELINQUENT
CODE ENFORCEMENT FINES
RECOMMENDATION
Adopt a Resolution authorizing the collection of delinquent code enforcement fines by the San
Luis Obispo County Auditor by means of special assessments on the secured property tax roll.
DISCUSSION
The Building & Safety Division enforces building, housing, zoning, storm water and property
maintenance provisions contained in the San Luis Obispo Municipal Code through its Code
Enforcement Neighborhood Wellness Programs. When violations are confirmed, a Notice of
Violation is issued to the property owner describing the violation(s) and providing a time period
for correction. This is preceded by an effort to contact the property owner to discuss the
violation(s) and obtain voluntary compliance through the issuance of a Notice to Correct.
When the initial Notice of Violation is not effective in gaining compliance, an Administrative
Citation may be issued pursuant to SLOMC Chapter 1.24. Fines associated with Administrative
Citations range from $50, $100, and $200 per violation for the first, second and third citations,
respectively, issued for property maintenance related violations. For other violations of the
Municipal Code the fines are $100, $200, and $500 for the first, second and third citations,
respectively. Each day a violation exists is considered a separate and distinct violation;
therefore, fines may be assessed on a daily basis for continuing violations beyond the third
citation or in very delinquent or serious cases (ref: SLOMC 1.24.050 D).
Code Enforcement Administrative Citation fines are issued to property owners who fail to
correct violations within a reasonable time period after issued a Notice of Violation. The
property owner is afforded the right to appeal both the Notice of Violation and the
Administrative Citation itself.
Unpaid fines become delinquent after sixty (60) days and, pursuant to SLOMC Section 1.24.150,
Government Code sections 53069.4, and 38773.5, unpaid fines may be collected by a special
assessment pursuant (Attachment A). Special assessments require certification of the amount of
the fines by the City Council. The proposed Resolution (Attachment B) authorizes the San Luis
Obispo County Auditor to assess the amounts due on delinquent fines as special tax assessments
against the properties listed.
A list of the outstanding fines for each property is attached hereto as Attachment C. Each
property owner has been sent two Notices of Proposed Special Assessment ; one 30 days before
the hearing and again 10 days prior to the hearing, which notifies them of the time and date of
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the Council Meeting when the assessment is to be considered and providing them an opportunity
to pay the delinquent fines prior to the hearing. The Community Development Department
utilized extensive cross-checking with our tracking spreadsheet and Energov payment and billing
records to identify those fines that were outstanding. Each case was then reviewed for accuracy,
proper notice and service, and the completion of any appeal submitted prior to inclusion in the
resolution. This overall approach authorized by both state law and the City municipal code has
been used since 2015 and has proven to be the most effective ways to recover unpaid fines and
resolve code issues.
CONCURRENCES
This process is consistent with the procedure prescribed in Municipal Code Section 1.24.150.
ENVIRONMENTAL REVIEW
There is no environmental review for this item.
FISCAL IMPACT
Projected revenue from the collection of delinquent fines by the County Auditor for Fiscal Year
2016-17 is expected to be $13,450.
ALTERNATIVES
Do not adopt the resolution and continue to forward unpaid fines to a collection agency. This is
not recommended as it typically does not result in fines being paid in an amount to cover the
fine, but more importantly placing liens does have the potential effect of causing the correction
of persistent violations as owners typically want the lien cleared and pay the fines in addition to
addressing the violation.
Attachments:
a - SLOMC 1.24.150
b - Resolution Collection of Delinquent Code Enf Fines
c - Exhibit A to Resolution - List of Properties
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1.24.150 Collection of unpaid fines.
A. City Remedies. The city, at its discretion, may pursue any and all legal, equitable, and
administrative remedies for the collection of unpaid civil administrative fines. A civil administrative
fine shall be deemed unpaid the day after the due date set by the administrative citation, or if
appealed, the day after the due date set by the hearing officer or applicable board in its decision. If
the decision of the hearing officer or applicable board is appealed to, or petition for writ filed with,
the superior court, the civil administrative fine shall be deemed unpaid the day after the due date
set by the superior court. If the superior court upholds the administrative citation, but fails to set a
due date, the fine shall be deemed unpaid on the eleventh day after the superior court decision is
mailed.
1. Remedies Cumulative. Pursuit of one remedy does not preclude the pursuit of any other
remedies.
2. Refusal to Issue Permits. A city department may refuse to accept an application for a city
permit or license or refuse to issue, extend, or renew to any person who has unpaid delinquent
fines, liens, or assessments any city permit, license, or other city approval pertaining to the
property that is the subject of unpaid delinquent fines, liens or assessments.
3. Suspension of Issued Permits. Notwithstanding any other provision of the code, any permit,
license, or any type of land use approval issued by the city to a person who has unpaid
administrative citations totaling five hundred dollars or more which remain delinquent for thirty
days or longer may be suspended by the department which issued the permit or other
entitlement. The suspension becomes effective ten days after the date the notice of the
suspension is placed by the issuing department in the United States mail postage prepaid,
addressed to the person, and continues until the administrative delinquency is paid in full. The
person may request an appeal or review hearing pursuant to the specific permit, license, or
other city approval procedures or ordinance if such a request is filed before the ten-day period
ends.
4. Criminal Remedies. The city attorney, at his or her discretion, may also issue a criminal
citation or complaint (infraction or misdemeanor) to any person for a code violation.
B. Violations Constitute a Public Nuisance. The director may pursue the remedies described in this
section whether or not the city is pursuing any other action to terminate an ongoing code violation
that was the basis for an administrative citation or to otherwise abate the violation or sanction the
property owner. To compel code compliance, the city may also seek to collect assessed fines by
means of a nuisance abatement lien 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.
The San Luis Obispo Municipal Code is current through Ordinance 1628, passed February 16, 2016.
San Luis Obispo Municipal Code 1.24.150 Collection of unpaid fines.Page 1 of 2
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C. Lien Conditions. To recover any delinquent administrative fines as a lien or special assessment
on real property, the following conditions must be met:
1. The director must submit to and receive approval from the city council for a resolution
certifying 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 against the property owner must be delinquent for
sixty days or more.
D. Lien Collections. The director is authorized to take any steps necessary to enforce collection of
the lien or special assessment, including but not limited to the following:
1. Request the county recorder to record a notice of any lien or special assessment certified
by resolution of the city council.
2. Request the county tax collector on behalf of the city to collect any special assessments
certified by resolution of the city council.
E. Notice of Lien Collection Procedures. All administrative citations shall contain a notice that
unpaid fines are subject to the assessment and lien collection procedures of this chapter. This
notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5
when an administrative citation is served on the person. In addition, the director shall by first class
mail send notice to each property owner at least ten days before the city council considers the
resolution to certify the amounts of the liens and special assessments stating the date, time, and
location of the meeting. The lien or special assessment shall be imposed on the date the
administrative citation for the code violation is issued to the responsible person and shall become
effective upon the recording of a notice of lien or special assessment by the county recorder.
F. Contesting Certification of a Lien. A person may contest the amount or the validity of any lien or
special assessment for a civil fine at the public hearing when the city council considers the
resolution to certify the liens or assessments. Such contests shall be limited to the issue of the
amount or validity of the lien or assessment and may not consider whether the underlying code
violation occurred. Pursuit of such a contest by a person is necessary to exhaust the administrative
remedies concerning a legal challenge to the validity of any such lien or special assessment. (Ord.
1625 § 1 (part), 2015)
The San Luis Obispo Municipal Code is current through Ordinance 1628, passed February 16, 2016.
San Luis Obispo Municipal Code 1.24.150 Collection of unpaid fines.Page 2 of 2
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R ______
RESOLUTION NO. _____ (2017 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 1.24.150 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
23, 2017, pursuant to Section 1.24.150 (E) 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 the Exhibit A, pursuant to California Government Code 54988, et seq.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2017.
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Resolution No. _____ (2017 Series) Page 2
R ______
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
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 ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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Exhibit A to Resolution No. ______ (2017 Series)
List of Properties
Name of Property Owner Assessor’s
Parcel #
Property Address Amount Citation #
1335 Foothill LLC 052-082-035 1335 Foothill $200.00 00006674
Amelia Sinclair 052-093-021 117 Longview $50.00 00008240
Amelia Sinclair 052-093-021 117 Longview $100.00 00008474
Aracely Plateroti 003-511-023 570 Marsh $100.00 00008935
Arthur Fry 052-352-001 4 La Entrada $100.00 00007796
Banez Epitacia C 003-724-009 260 South $50.00 00006183
Burdett John W Living Trust 004-731-013 1171 San Carlos $500.00 00008065
California Coastal Investments LLC 004-581-001 2881 Broad $50.00 00007689
Christopher Nielsen 052-092-017 1274 Bond $100.00 00005955
Concepcion Hernandez 004-581-019 646 Perkins $150.00 00007814
Concepcion Hernandez 004-581-019 646 Perkins $200.00 00008076
Darin Grandfield 003-564-009 1690 Fairview $100.00 00008321
Delta Sigma Phi Frant SLO 052-072-011 244 California $100.00 00007204
Eric Newton, Triad Real Estate 003-523-002 1234 Broad $200.00 00006035
Fiduciary Properties Inc 053-051-047 3566 So. Higuera 205 $100.00 00007165
Fiduciary Properties Inc 053-051-047 3566 So. Higuera 205 $200.00 00008034
Fiduciary Properties Inc 053-051-047 3566 So. Higuera 205 $500.00 00008749
Grand High LLC A CA LLC 052-231-015 470 Grand $100.00 00008806
Grand High LLC A CA LLC 052-231-015 470 Grand $200.00 00008915
Jerry Burch 004-784-009 2505 Johnson $800.00 00006910
Jerry Burch 004-784-009 2505 Johnson $800.00 00007102
Jerry Burch 004-784-009 2505 Johnson $800.00 00007468
Jerry Burch 004-784-009 2505 Johnson $800.00 00007778
Jerry Burch 004-784-009 2505 Johnson $800.00 00008067
Justin Warren 003-656-009 1026 George $100.00 00008186
Justin Warren 003-656-009 1026 George $200.00 00008853
Kinsey Fay 003-737-006 2046 King $100.00 00005924
Kinsey Fay 003-737-006 2046 King $100.00 00006182
Kinsey Fay 003-737-006 2046 King $50.00 00006378
Kinsey Fay 003-737-006 2046 King $200.00 00006379
Kinsey Fay 003-737-006 2046 King $200.00 00006534
Kinsey Fay 003-737-006 2046 King $200.00 00006705
Lee Brazil 003-571-018 1901 Henry #M $400.00 00006919
Mark Alonzo 052-202-021 446 Hathway $50.00 00006884
Matthew Herrera 001-132-018 1575 Phillips $100.00 00007319
Matthew Herrera 001-132-018 1575 Phillips $200.00 00007662
Matthew Herrera 001-132-018 1575 Phillips $500.00 00007948
Matthew Herrera 001-132-018 1575 Phillips $500.00 00008411
Matthew Herrera 001-132-018 1575 Phillips $500.00 00008839
McCapes Family LLC A CA LLC 052-072-002 215 Hathway $50.00 00007953
Mid-State Properties LLC 004-532-005 1228 Atascadero $200.00 00006252
Nevarez Guillermo R Tre 052-234-012 1990 Loomis $50.00 00008618
Olsen Jon C 1996 Trust 410 Grand $50.00 00008570
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Exhibit A to Resolution No. ______ (2017 Series)
List of Properties
Pacifica Investments LLC A Ut LLC 052-071-020 158 California $100.00 00006645
Pacifica Investments LLC A Ut LLC 052-071-020 158 California $200.00 00006955
Potts Family Trust 052-092-005 138 Orange $200.00 00005891
Potts Family Trust (Tr 2) 052-091-015 191 Orange $100.00 00008712
Potts Family Trust (Tr 2) 052-091-015 191 Orange $200.00 00006881
Ramesh T & Madhu R Patel 001-142-009 1604 Monterey $50.00 00008309
Regan & Shelley D Candelario 004-781-009 1284 Sydney $50.00 00006303
Regan & Shelley D Candelario 004-781-009 1284 Sydney $100.00 00006440
Regan & Shelley D Candelario 004-781-009 1284 Sydney $200.00 00006686
SLOCA LLC A CA LLC 052-126-026 344 Henderson $50.00 00007979
Snyder Family Survivor's Trust 053-182-029 3191 South Higuera $200.00 00007679
Spade Timothy E Tre ETAL 052-231-008 430 Grand $200.00 00005609
Spade Timothy E Tre ETAL 052-231-008 430 Grand $200.00 00006579
Spade Timothy E Tre ETAL 052-231-008 430 Grand $200.00 00006731
Steve Ferrario 052-081-001 108 Crandall $50.00 00006040
Steve Ferrario 052-081-001 108 Crandall $100.00 00006332
Tank Farm Center LLC A CA LLC 053-251-050 120 Tank Farm $100.00 00008448
Tank Farm Center LLC A CA LLC 053-251-050 120 Tank Farm $200.00 00008929
Warren Justin J 003-656-009 1026 George $100.00 00008855
$13450.00
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