Administrative
Report
N.6., File # 22-4033 Meeting Date: 4/19/2022
To: MAYOR AND CITY COUNCIL
From: MICHAEL W. WEBB, CITY ATTORNEY
TITLE
DISCUSSION AND POSSIBLE ACTION TO RECEIVE AND FILE A REPORT FOR THE WEED ABATEMENT, LIEN, AND PROBATE PROCEEDINGS FOR THE PROPERTY LOCATED AT 1713 FORD AVENUE IN REDONDO BEACH.
EXECUTIVE SUMMARY
Code enforcement violations for overgrown weeds at 1713 Ford Avenue resulted in weed abatements that, in turn, led to a lien against the violating property. The property owner had passed away in 2015 intestate, and without a spouse and children. The City was named administrator of the estate through Quality of Life Prosecutor Joy Abaquin, who sold the property and distributed the proceeds of the sale to all creditors and remaining family members. As administrator, the City received $23,454.17 in statutory and extraordinary commissions for the services rendered by Quality of Life Prosecutor Joy Abaquin. The estate also reimbursed the City for the costs of the weed abatement.
BACKGROUND
In November 2014, the City received complaints that the property located at 1713 Ford Avenue (Ford property) in Redondo Beach was harboring rodents due to the overgrown weeds and vegetation.
Code enforcement made several attempts to contact and locate the named owner, Gary Richard Wilson. Notices were sent to 1713 Ford Avenue and an address in the State of Nevada. However, the City received no responses. The property remained a nuisance with overgrown weeds.
At the midyear review of the budget for fiscal year 2015-2016, the Mayor and Council approved my recommendation and established the Quality of Life Prosecutor position to address problematic code enforcement cases such as this.
Joy Abaquin, the prosecutor assigned to this position, met with residents neighboring 1713 Ford Avenue on June 17, 2016. As a result of that meeting, Joy Abaquin coordinated with the Engineering Department, Public Works Department and Code Enforcement to conduct the City’s first weed abatement, which was executed on August 9, 2016.
Unfortunately, the overgrown weeds returned, and the residents approached Councilmember John Gran with the recurring problem in May of 2017. Quality of Life Prosecutor Joy Abaquin, Councilmember John Gran, and then Chief Building Official Mike Ross met with the residents in that
N.6., File # 22-4033 Meeting Date: 4/19/2022
neighborhood on June 3, 2017.
Due to concerns regarding fire hazards and termite damage, Joy Abaquin drafted an inspection warrant to ensure there were no health or safety concerns inside the property. The inspection warrant confirmed that the property was vacant and no one was currently living inside. On July 25, 2017, a second weed abatement was conducted on the property, clearing the nuisance once more.
In a continued effort to locate the property owner, Quality of Life Prosecutor Abaquin conducted a Nevada death verification request in September of 2017, and discovered the owner, Gary Richard Wilson, passed away in 2015 intestate, and without a spouse or children. Pursuant to the Redondo Beach Municipal Code, Quality of Life Prosecutor Abaquin filed a lien against the property on October 10, 2017 for the amount of $773.30 for the costs, publication of notices, and delinquency penalty of the weed abatement.
Given that the owner of the property passed away, the City Attorney’s Office had to find a novel approach to address the concerns of this abandoned property. For the first time, the City initiated probate proceedings to obtain compliance from a problem property. It turned out that probate proceedings were executed in the State of Nevada for Gary Wilson’s estate in Nevada; however, the Ford property was not included in those proceedings. As creditor of the lien filed on the property for the weed abatement, the City was eligible to be named administrator of the Ford property, which is considered Wilson’s ancillary estate. As such, the City Council unanimously voted to initiate proceedings for ancillary probate in the Estate of Gary Richard Wilson on October 2, 2018.
The probate court initially named the City as a special administrator pending an objection by one of Wilson’s distant cousins even though eleven other family members nominated the City to be administrator. As special administrator, Joy Abaquin was responsible for taking possession of the property, clearing it of any nuisances, changing the locks to secure the property, and to inventory and secure any personal property inside. The cousin withdrew his objection, and on May 17, 2019, the probate court appointed the City of Redondo Beach, through Joy Abaquin, Esq., as the Administrator of the Estate with full authority and independent administration of the estate.
As the administrator of the estate, Joy Abaquin had a duty to liquidate the assets of Gary Richard Wilson once they are appraised and open bank accounts in the name of the Estate. On September 3, 2019, the Mayor and City Council authorized Joy Abaquin to list the property for sale, withdraw and expend funds for the real property and any remaining furniture to be inventoried, appraised and sold, and to open a bank account for the proceeds of the sale.
The Ford property was sold for the sum of $955,000, with net proceeds of $839,055.61 after the payment of taxes, escrow and other costs such as the $773.30 to the City for the weed abatement lien.
Since then, the City has been in litigation with the family members as to whether Nevada or California law controls to determine which heirs are entitled to the proceeds of the sale. On December 6, 2021, the probate court ruled that distribution of the proceeds would be governed by California law, naming thirty heirs. As administrator, the City is entitled to $22,363.28 as statutory commissions for the ordinary services rendered on behalf of the Estate and $1,090.89 as extraordinary commissions for the extraordinary services rendered.
N.6., File # 22-4033 Meeting Date: 4/19/2022
COORDINATION
The City Attorney’s Office coordinated with the Law Office of Karen Krause, Horrell Realtors, the Engineering Department, Public Works Department, the Finance Department and Code Enforcement.
FISCAL IMPACT
The City received a total of $23,454.17 in statutory and extraordinary commissions for the services rendered by Quality of Life Prosecutor Joy Abaquin. In addition, the City was reimbursed for the abatement costs by the estate of Gary Wilson.