HomeMy WebLinkAbout7136 RESOLUTION NO. 7136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, CONFIRMING THE AMOUNT OF A SPECIAL
ASSESSMENT, CONFIRMING AND ORDERING THE RECOVERY OF
PENALTIES AND COSTS ASSESSED AND IMPOSED BY THE ARCADIA
CITY COUNCIL FOR VIOLATIONS OF CITY CODES OCCURRING ON
THE PROPERTY AT 226 E. FOREST AVENUE, ARCADIA, CALIFORNIA,
A.P.N. 5772022019, AND ORDERING THE ASSESSMENT BE
COLLECTED ON THE TAX ROLL BY THE LOS ANGELES COUNTY TAX
COLLECTOR AS A SPECIAL ASSESSMENT IN THE AMOUNT OF
$41,709.89 TO RECOUP COSTS AND FEES INCURRED IN THE
PROSECUTION OF THE PEOPLE V. CORREGIDOR NUISANCE
ABATEMENT ACTION
WHEREAS, the special assessment process is authorized by Government
Code § 38773.5(a) and Arcadia Municipal Code ("AMC") Sections 1200(d), and
9406.3 — 9406 to issue a special assessment for a nuisance abatement action;
and
WHEREAS, included as part of the special assessment are administrative
costs, which may encompass any and all costs incurred by the City in connection
with the matter before the City Council including, but not limited to: costs of
investigation, staffing costs, attorneys' fees incurred in preparation for the hearing
and for the hearing itself, any abatement costs, and costs for all re-inspection
necessary to enforce the Notice of Violations and Abatement; and
WHEREAS, the City prosecuted a criminal nuisance abatement action
known as People v. Corregidor for several years. During that time, significant legal
fees and staff costs were incurred. The City Attorney had obtained multiple
criminal convictions and five (5) years of summary probation via plea bargain
agreements with Defendants. City staff worked with the City Attorney's office to
determine the best way to recover fees and costs where the City was the
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prevailing party. Based on advice from the City Attorney's office, staff had elected
to seek reimbursement of fees and costs through the special assessment process
set forth in the Arcadia Municipal Code; and
WHEREAS, on September 26, 2015, Notice of a Public Hearing was
deposited in the U.S. mail to the property owner which described the purpose of
correcting, modifying or confirming said costs and assessing the same against
said property, including that the property on which the assessment is placed may
be sold by the tax collector for unpaid delinquent assessments and showing a
statement of all affected charges, imposed penalties and assessed administrative
costs in the total amount of$41,709.89; and
WHEREAS, on October 7, 2014, a public hearing was conducted by the
Arcadia City Council regarding the specified violations existing on the real
property at 226 E. Forest Avenue, Arcadia, being Los Angeles County Assessor
Parcel number A.P.N. 5772022019; and
WHEREAS, at the public hearing, which duly was held at the time, date,
and place specified in the Notice of Public Hearing, the City Council considered
the reports of staff, oral and written, and the testimony of all those wishing to be
heard; and
WHEREAS, at the conclusion of the public hearing, the City Council approved a
Special Assessment in the amount of $41,709.89 to recoup costs and fees incurred in
the prosecution of the People v. Corregidor nuisance abatement action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
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SECTION 1. The City Council hereby confirms the sum of $41,709.89 as the
amount of principal penalties and administrative costs assessed against the real
property at 226 E. Forest Avenue, Arcadia, being Los Angeles County Assessor Parcel
No. 5772022019, together with any collection charges imposed by the Los Angeles
County Tax Collector and interest at the rate of 7% per annum, prorated daily, from the
payment due date of October 7, 2014, and that such sum shall be collected on the tax
roll in the same manner, by the same person, and at the same time as, together with
and not separately from, the general taxes, on the next regular tax bill levied against the
property by the Los Angeles Tax Collector.
SECTION 2. The total amount of the penalties and costs herein confirmed
shall be duly recorded with the Los Angeles County Registrar/Recorder as a lien on the
identified party and the amount shall bear interest at the rate of 7% per annum until
paid.
SECTION 3. That any sum collected hereunder from the property owner or
upon any sale of the property shall be repaid to the City of Arcadia (Fund No. 001-
3544).
SECTION 4. The City Clerk shall certify to the adoption of this Resolution and
shall cause a copy of same to be forwarded to the Los Angeles County Tax Collector.
[SIGNATURES ON THE NEXT PAGE]
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Passed, approved and adopted this 21st day of June, 2016.
/WO
Mayor of t►e City of Arcadia
ATTEST:
City Ce k -
APPROVED AS TO FORM
l�
N-t,
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7136 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 21st day of June, 2016 and that said Resolution was adopted by the
following vote, to wit:
AYES: Council Member Amundson, Chandler, Tay, and Beck
NOES: None
ABSENT: Council Member Verlato
Cit Clerk of th7- City of Arcadia