RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO AUTHORIZING THE CREATION OF LIENS FOR UNPAID ADMINISTRATIVE CITATIONS WHEREAS, Government Code Section 53069.4 authorizes a city to establish procedures for the imposition, enforcement and collection of administrative fines; and WHEREAS, Chapter 1.10 of the Rialto Municipal Code establishes the process for the imposition of administrative fines on persons who violate any provision of the Rialto Municipal Code, including Chapter 15.62, which deals with vacant and abandoned homes, and Chapter 18.72, which deals with property maintenance nuisances; and WHEREAS, an inspection was conducted by staff of abandoned properties, listed as Attachment “A”, and found code violations per Chapter 15.62 and/or Chapter 18.72; and WHEREAS, per Section 1.10.030, immediately after the initial inspection, the property owner for each property on Attachment “A” was served with an administrative citation by posting a copy at the property and sending an original copy by certified mail to a mailing address on file with the County, as the owner of record; and WHEREAS, per Section 1.10.040, the fines imposed shall not become effective for a minimum of fifteen (15) days following the date on which the citation is issued; however, at the request of the property owner it may be extended for up to thirty (30) additional days provided that the property owner has made substantial progress to correct the violation or that the property owner has been diligent in correcting said violation, at the discretion of the Development Services Director; and WHEREAS, the fines shall become in effect after the deadline has passed and a second inspection is conducted by staff that verifies the violation noted in the administrative citation still exist; and WHEREAS, staff determined at the second inspection that the violation as noted in the administrative citation for each property listed in “Attachment “A” were not corrected during the required time; and WHEREAS, per Section 1.10.090, each property owner listed in Attachment “A” was served a notice of proposed assessment lien in the same matter the citation was issued, and which the notice included the owner’s right to request within ten (10) days an appeal hearing and pay $159 for expenses related to the appeal hearing; and WHEREAS, none of the property owners listed in Attachment “A” requested an appeal as a result of the notice, and consequently per Section 1.10.090, waived their owner’s right to appeal the imposition of the proposed assessment lien; and WHEREAS, per Section 1.10.090, the City Council may impose an assessment lien on an owner’s property for failure to correct the code violation if the owner waives their right to an appeal or if the City Administrator, or his designee, determines through an appeal process that an assessment lien should be imposed.
NOW, THEREFORE, the City Council of the City of Rialto hereby finds, determines, and resolves as follows:
Section 1. The City Council finds the above recitals to be true and correct.
Section 2. The property owner(s) listed in Attachment “A” is/are delinquent for administrative fines issued, and based on the last equalized assessment role provided by the County of San Bernardino Assessor’s Office, are believed to be the owner, or one of the owners, of record of the real property as listed in Attachment “A.” Section 3. Per Rialto Municipal Code Section 1.10.090, the City Council hereby authorizes and directs the placement of a lien against each of the properties identified on Attachment “A” in the amounts corresponding to each property separately identified on Attachment “A” under the heading “Administration Citation Fine Amount”, plus any applicable interest on such separate amounts.
Section 4. When recorded pursuant to the procedures set forth in Article 2 of Chapter 6 of Part 1 of Division 2 of Article 5 of the Government Code, this resolution shall constitute a lien against the real property identified herein. Such liens may be released upon payment of the full sum listed herein, plus any applicable interest, to the Administrative and Community Services Department of the City of Rialto, located at 150 S. Palm Avenue, Rialto California 92376. ////
PASSED APPROVED AND ADOPTED this 22nd day of March, 2016. _________________________________
Deborah Robertson, Mayor
ATTEST:
________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
FRED GALANTE, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of __________, 2016.
Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ______ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2016. ________________________________________
BARBARA MCGEE, CITY CLERK
ATTACHMENT “A”
- PAGE \* MERGEFORMAT 1-
DOCSOC/1534250v1/024126-0000
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28