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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 1 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 2 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). 3 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 4 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 5