ATTACHMENT A
CITATION SETTLEMENT AGREEMENT
THIS CITATION SETTLEMENT AGREEMENT (the "Agreement") is entered into as of April 15, 2024 (the "Effective Date"), by and among the CITY OF VICTORVILLE, a municipal corporation, ("City"), and DON HA ("Defendant"). City and Defendant are collectively referred to as the "Parties", with respect to the following:
RECITALS
WHEREAS, Defendant is the owner of a residential property located at 15834 Iron Canyon Lane, Victorville, California, 92395 ("Property"); and WHEREAS, Defendant is the owner of the Property and person in full charge and control of the Property; and
WHEREAS, Defendant has been issued Citation No. 30391 (hereinafter the "Citation"' by the City of Victorville Code Enforcement Division, for violating Victorville City Municipal Code 13.150.060(c) pertaining to excess cannabis cultivation at the Property as well Citation No. 28161 for ongoing property maintenance violations; and WHEREAS, Defendant has incurred a total administrative fines and penalties in the amount of Sixty Thousand, Six Hundred Ninety Six dollars and Forty Three cents ($60,696.43) (the "Citation Fine Amounts"); and
ernardino County Superior Court, case no: CIVS2125798 the Action an HEREAS, Defendant has filed an action appealing the Citation to the Sa the Citation fire A me in he hate in te ere to tie reciting NOW THEREFORE, in consideration of the mutual promises and releases contained herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
SECTION 1. DEFENDANT'S OBLIGATIONS
execution of is Ande shal take the following steps immediately following the date of Defendant agrees to pay a total settlement amount of Twenty-Tw housand Four Hundred Forty dollars ($22,440) (the "Settlement Amount" Defendant shall make an initial payment of Four Thousand Four Hundred Citation Settlement Agreement Page 1
Council of Victorville.
Thereafter, Defendant may make monthly payments of One Thousand Six Hundred Thirty Two dollars for a period of eleven (11) months, month to month, thereafter. The monthly payments shall be made on the first day of each month, commencing on June 1, 2024, until the Citation Settlement Amount is paid in full.
All penalties, Interest and other Fees that have accrued since the issuance of the Citation are waived by this Agreement.
Defendant shall comply with all requirements in the Notice of Violation, issued by the City of Victorville Code Enforcement Division, Case No. CODE23- 04132, dated August 1, 2023.
To the extent the Property is leased by Defendant, Defendant shall obtain and maintain a City of Victorville Rental Property Business License. used for any unlawtu pall use. Defendant shall use due diligence to ensure that the Property is not being The Defendant and his agents shall not use or allow the Property to be used in a manner which violates Victorville Municipal Code Chapter 13.150.060(c).
SECTION 2. CITY'S OBLIGATIONS
Within three (3) weeks of the full execution of this Agreement by both Defendant and City, the City shall execute all documents necessary to release the Notices of Pendency recorded against the Property on May 13, 2021, and August 1, 2023.
SECTION 3. REMEDIES FOR FAILURE TO COMPLY
The failure to comply with either Section 1 or 2 of this Agreement shall entitle either party to: (1) initiate proceedings in Superior Court to enforce this Agreement:
and/or at the City's option, initiate proceedings in the Superior Court to recover the full Citation Fine Amounts: and/or (2) to revoke Defendant's Business License; and/or (3) attorneys' fees and costs incurred.
SECTION 4. NOTICE
Any notice or communication required hereunder between City and Defendant Citation Settlement Agreement Page 2
shall be in writing and may be given by regular United States Mail and/or certified mail, return-receipt requested. Notice or communications shall be deemed to have been given on the date of mailing. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Notices or communications given directly between the parties shall only be sent to the other party. Notices or communications given by legal counsel shall only be served upon legal counsel for the other party. Such notices or communications shall be given to the parties at their respective addresses set forth below:
To City: Jorge Duran, Code Enforcement Manager
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, CA. 92393-500
To City's Counsel: Joan Stevens Smyth, Deputy City Attorney City of Victorville
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
To Defendant: Don Ha
331 W. Bencamp St.
San Gabriel, CA 91776
To Defendant's Counsel: Roger H. Chien, Esq.
Law Offices of Roger H. Chien
8300 Utica Ave. #199
Rancho Cucamonga, CA 91730
SECTION 5. MODIFICATIONS
Neither this Agreement, nor any term or provision thereof, may be waived, modified, or amended except by written agreement signed by all Parties.
SECTION 6. JOINTLY DRAFTED
It is agreed to by and between the Parties that this Agreement was jointly negotiated and jointly drafted by the Parties, and that it shall not be interpreted or construed in favor or against either party on the ground that said party drafted the Agreement. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties.
SECTION 7. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL
Citation Settlement Agreement Page 3
Each Party acknowledges that it has had the right to retain independent legal counsel of its own choice throughout all the negotiations which preceded the execution of this Agreement, and that each Party has executed this Agreement voluntarily and with a full understanding of each and every term of the Agreement whether or not with the consent and on the advice of such independent legal counsel.
SECTION 8. SEVERABILITY
If any part of this Agreement is said to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect.
SECTION 9. COUNTERPARTS
This Agreement may be executed in one or more identical counterparts, each of which shall be deemed to be an original hereof. Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed original signatures.
SECTION 10. WAIVER
A waiver of any provision of this Agreement by any of the Parties shall not be deemed a waiver of such provision either before or thereafter and shall not be deemed a waiver of any other provision of this Agreement.
SECTION 11. EFFECTIVE DATE
This Agreement shall become effective only upon its execution by each of the persons and entities set forth below and ratification of the City Council of Victorville.
SECTION 12. TIME IS OF THE ESSENCE
Agreememt. is of the essence with respect to any actor performance under this [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] Citation Settlement Agreement Page 4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above.
CITY OF VICTORVILLE DEFENDANT
By: LAo 4/15/24
Keith Metzler Don Ha
CITY MANAGER
APPROVED AS TO FORM:
Joan Stevens Smyth, Roger H. Chien,
Deputy City Attorney Law Offices of Roger H. Chien
ATTEST:
By:
Jennifer Thompson, City Clerk
Citation Settlement Agreement Page 5