ACTION:
____________________________
Clerk/Secretary
Department: Finance Item No: PH5
Prepared by: Matt McDonald, Finance Manager Meeting Date: June 13, 2023 Approved by:
Mike Sylvia, Director
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: LEVY OF DELINQUENT FISCAL YEAR 2022/23 PROPERTY RELATED ADMINISTRATIVE
CITATION CHARGES
RECOMMENDATION:
1.Open, conduct, and close a Public Hearing to receive public testimony regarding delinquent property related administrative charges.
2. Adopt City Council Resolution No. 2023- , approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the Fiscal Year 2023/24 property tax roll for delinquent property related administrative citations.
CORRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility.
PRIOR ACTION: On April 25, 2023, adopted City Council Resolution No. 2023-61, declaring its intent to set a Public Hearing for collection of delinquent property-related administrative citation charges; and set June 13, 2023 as the date of the public hearing to levy assessments on the 2023/24 property tax roll for collection of delinquent property-related administrative citations (Vote: 4-0, O’Donnell absent).
A comprehensive list of prior City Council actions is included as Exhibit 2.
STATEMENT ON THE SUBJECT: The Code Enforcement, Finance, and City Attorney’s offices have, at various times, notified by mail each property owner who is delinquent in payment of their administrative citations in an attempt to collect overdue monies owed to the City of Vista. Property related administrative citations include, but are not limited to, accumulation of junk on property, outside storage of an inoperable vehicle, or an unpermitted home-based business.
Delinquent account property owners with unpaid property-related citations accruing between March 30, 2022 and Feb 1, 2023 were notified of the Public Hearing by mail on May 11, 2023 and advised that all remaining unpaid charges and collection fees owing as of June 30, 2023 will be liened as a special assessment charge on the 2023/24 property tax roll in accordance with Section 1.13 of the Vista Municipal Code, entitled Administrative Citations.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/13/2023 PH5 1 of 8
Approved above recommendation, adopted City Council Resolution No. 2023-106.
Vote: 5-0
MEETING DATE: June 13, 2023 PAGE 2
SUBJECT: LEVY OF DELINQUENT FISCAL YEAR 2022/23 PROPERTY RELATED ADMINISTRATIVE
CITATION CHARGES
FISCAL IMPACT: As of the writing of this report, seven delinquent accounts totaling $6,480 remain unpaid. These accounts, if not paid by 5:30 p.m. on June 30, 2023, will be placed on the 2023/24 property tax roll for collection. The City will receive the full amount as General Fund revenue.
EXHIBITS:
1. City Council Resolution No. 2023- , approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the Fiscal Year 2023/24 property tax roll for delinquent property related administrative citations
A. Delinquent Citation Listing
2. Prior City Council Actions
06/13/2023 PH5 2 of 8
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING LIENS ON ASSESSOR'S PARCELS
WITHIN THE CITY OF VISTA TO BE COLLECTED WITH THE GENERAL PROPERTY TAXES ON THE FISCAL YEAR 2023/24 PROPERTY TAX ROLL
FOR DELINQUENT PROPERTY RELATED ADMINISTRATIVE CITATIONS The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City of Vista may provide for the enforcement of its municipal code by administrative citation pursuant its Charter, Article 11, Section 7 of the California Constitution, Chapter 1.13 of the Municipal Code and Ordinance 2001-23.
B. Pursuant to Chapter 1.13 of the Municipal Code and applicable law, the City may initiate proceedings to collect delinquent property related administrative citation fees ("Unpaid Property-Related Citations") by special assessment following a public hearing ("Assessment Hearing").
C. In accordance with Chapter 1.13 and Resolution 2023-61: (1) the City Council set June 13, 2023 as the date of the Assessment Hearing; and (2) directed that notice of such hearing be provided to the property owners with Unpaid Property-Related Citations accruing between March 30, 2022 and February 1, 2023.
C. The City Council has duly conducted the public hearing at which it considered all evidence. Based on that hearing, the City Council determines that the unpaid fees constitute Unpaid Property-Related Citations as set forth in Exhibit "A," remain delinquent, and shall be collected with the general property taxes for the 2023/24 fiscal year by placing a lien upon the property or parcel for which the citations and charges are now delinquent, all as required by law.
2. Action.
A. The above recitals are true and correct.
B. The delinquent fees and charges for property related administrative citations for the period Mar 30, 2022 to Feb 1, 2023, and prior periods, are hereby confirmed and included as Exhibit"A" to this Resolution. The total amount of unpaid fees and charges confirmed herein shall constitute a lien against each respective parcel of land as it appears on the assessment roll for the 2023/24 fiscal year. Any item paid with good funds on or before June 30, 2023, shall not have a lien placed on the respective parcel.
C. The City Clerk shall forward and file a certified copy of this Resolution, along with a copy of the confirmed listing of delinquent property related administrative citation charges, to the San Diego County Auditor with the request that the County Auditor add the total amount of unpaid fees and charges for each parcel to the property tax roll for 2023/24 and the amount of such charges shall be collected along with the general property taxes for the fiscal year.
EXHIBIT 1
06/13/2023 PH5 3 of 8
RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council held on June 13, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
JOHN B. FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20230525172921
06/13/2023 PH5 4 of 8
EXHIBIT A- DELINQUENT CITATION LISTING
AMOUNT
TO TAX NATURE OF
CUST# PROPERTY OWNER ADDRESS PARCEL ROLL VIOLATION 2558 MONARCH BUENA VISTA 740 PASEO BUENA VISTA 176-300-61-00 $390.00 (4) 7232 MARTINEZ,ANTONIO 1752 W KNAPP 159-270-24-00 $140.00 (1) 7963 YINGST,RICHARD B.&JUDY LIVING TRUST REDLANDS STREET 175-111-10-00 $3,765.00 (1)(3) 8024 DENYA LLC 1550 N.SANTE FE AVE 161-051-21-00 $390.00 (3) 8166 VISTA SIERRA LLC 826 S SANTE FE 175-323-38-00 $265.00 (5) 8979 MEDINA, FRAY M. 1148 WAXWING DR 161-156-01-00 $1,390.00 (1)(3) 9189 LEWIS R&YOLANDA M CHAVEZ 1809 MANZANITA CT 183-331-06-00 $140.00 (3) Nature of Violation $6,480.00
(1)Accumulated Junk
(2)Lawn Parking and Junk Accumulation
(3)Inoperative Vehicles
(4)False Alarm
(5)Graffiti
(6)Stormwater
(7)Property Maint.
06/13/2023 PH5 5 of 8
EXHIBIT 2
COLLECTION OF DELINQUENT PROPERTY RELATED ADMINISTRATIVE CITATIONS
PRIOR ACTIONS
On April 25, 2023, adopted City Council Resolution No. 2023-61, declaring its intent to set a Public Hearing for collection of delinquent property-related administrative citation charges; and set June 13, 2023 as the date of the public hearing to levy assessments on the 2023/24 property tax roll for collection of delinquent property-related administrative citations (Vote: 4-0, O'Donnell absent).
On June 14, 2022, adopted City Council Resolution No. 2022-93 approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the Fiscal Year 2022/23 property tax roll for delinquent property related administrative citations (Vote 5-0).
On April 26, 2022, adopted City Council Resolution No. 2022-50 setting June 14, 2022 as the date for the public hearing to levy assessments on the 2022/23 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 8, 2021, adopted City Council Resolution No. 2021-95 approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the Fiscal Year 2021/22 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On April 27, 2021, adopted City Council Resolution No. 2021-54 setting June 8, 2021 as the date for the public hearing to levy assessments on the 2021/22 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 9, 2020, adopted City Council Resolution No. 2020-96, approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2020/21 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On March 24, 2020, adopted City Council Resolution No. 2020-44, setting June 9, 2020 as the date for the public hearing to levy assessments on the 2020/21 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 11, 2019, adopted City Council Resolution No. 2019-84, approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2019/20 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On March 26, 2019, adopted City Council Resolution No. 2019-38, setting May 28, 2019 and later revised to June 11, 2019, as the date for the public hearing to levy assessments on the 2019/20 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 12, 2018, adopted City Council Resolution No. 2018-105, approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2018/19 property tax roll for delinquent property related administrative citations (Vote: 4-0, Rigby Absent).
On April 24, 2018, adopted City Council Resolution No. 2018-53, setting June 12, 2018, as the date of the public hearing to levy assessments on the 2018/19 property tax roll for EXHIBIT 2
06/13/2023 PH5 6 of 8
collection of delinquent property related administrative citations (Vote: 3-0, Ritter and Green absent).
On June 13, 2017, adopted City Council Resolution No. 2017-89, approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2017/18 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On April 25, 2017, adopted City Council Resolution No. 2017-54, setting June 13, 2017, as the date of the public hearing to levy assessments on the 2017/18 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 14, 2016, adopted City Council Resolution No. 2016-96, approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2016/17 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On May 10, 2016, adopted City Council Resolution No. 2016-62, setting June 14, 2016, as the date of the public hearing to levy assessments on the 2016/17 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 9, 2015, adopted City Council Resolution No. 2015-102, approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2015/16 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On May 12, 2015, adopted City Council Resolution No. 2015-76, setting June 9, 2015, as the date of the public hearing to levy assessments on the 2015/16 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 10, 2014, adopted City Council Resolution No. 2014-103, approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2014/15 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On May 13, 2014, adopted City Council Resolution No. 2014-57, setting June 10, 2014, as the date of the public hearing to levy assessments on the 2014/15 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 11, 2013, adopted City Council Resolution No. 2013-99, approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2013/14 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On April 23, 2013, adopted City Council Resolution No. 2013-42, setting June 11, 2013, as the date of the public hearing to levy assessments on the 2013/14 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 12, 2012, adopted City Council Resolution No. 2012-114, approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on 06/13/2023 PH5 7 of 8
the fiscal year 2012/13 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On April 24, 2012, adopted City Council Resolution No. 2012-55, setting June 12, 2012, as the date of the public hearing to levy assessments on the 2012/13 property tax roll for collection of delinquent property related administrative citations (Vote: 5-0).
On June 14, 2011, adopted City Council Resolution No. 2011-125 approving liens on assessor's parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2011/12 property tax roll for delinquent property related administrative citations (Vote: 5-0).
On April 26, 2011, adopted City Council Resolution No. 2011-59, setting June 14, 2011, as the date of the public hearing to levy assessments on the 2011/12 property tax roll for collection of delinquent property related administrative citations (Vote: 4-0, Ritter absent).
On June 9, 2009, introduced and adopted City Council Ordinance No. 2009-14, amending Chapter 1.13 of the Municipal Code which established a procedure for the collection of delinquent property related administrative citations (Vote: 4-0, Lopez absent).
On November 27, 2001, adopted City Council Ordinance No. 2001-23, providing for the enforcement of the municipal code by administrative citations (Vote: 4-0, McClellan absent). 06/13/2023 PH5 8 of 8