HomeMy WebLinkAbout7145 RESOLUTION NO. 7145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, RESCINDING RESOLUTION NO. 7136, CONFIRMING
THE AMOUNT OF A SPECIAL ASSESSMENT, 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 $48,931.99 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 establish and impose 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, and during that time, significant
legal fees and staff costs were incurred; and
WHEREAS, the City Attorney had obtained multiple criminal convictions
and five (5) years of summary probation via plea bargain agreements with
Defendants in that action, and City staff worked with the City Attorney's office to
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determine the best way to recover fees and costs where the City was the
prevailing party; and
WHEREAS, based on advice from the City Attorney's office, staff 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 Defendants, who are the owner of the property at
226 E. Forest Avenue in the City, which described the purpose of correcting,
modifying or confirming said costs and assessing the same against said property,
including notice 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, 201.4, 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 was duly 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
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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:
SECTION 1. The City Council hereby confirms the sum of $41,709.89 as the
principal amount of 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 interest in the amount of $7,222.10 calculated at the
rate of 10% per annum, prorated daily, from the payment due date of October 7, 2014,
through June 30, 2016, for a total amount due of $48,931.99, 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 County Tax Collector.
SECTION 2. The Auditor of the County of Los Angeles shall enter on the
County Assessment Roll opposite each parcel of the foregoing property the amount of
levy, and such levies shall be collected at the same time and in the same manner as the
County taxes are collected. After collection by the County, the net amount of the levy
shall be paid to the City Treasurer.
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).
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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 for
processing.
Passed, approved and adopted this 6tb day of September , 2016.
Mayor of the City f Arca is
ATTEST:
f
=City=Clerk "
APPROVE) AS TO FORM
.glitt/L_ P. il_oti,cd.
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. 7145 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 6th day of September, 2016 and that said Resolution was adopted by
the following vote, to wit:
AYES: Amundson, Chandler, Tay, Verlato, and Beck
NOES: None
ABSENT: None
ABSTAIN: None
Ci C rk o the City of Arcadia
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