Property Lien - 7698 Benassi Drive - Charles P. MorrisseyRECORDING REQUESTED BY: )
City of Gilroy )
)
)
WHEN RECORDED, MAIL TO: )
Shawna Freels, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
DOCUMENT: 22674071
1111 . 11111111111111111 1 111
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 8
Fees.... No Fees
Taxes...
Copies..
AMT PAID
RDE # 026
8/08/2014
9:52 AM
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
PROPERTY LIEN
ASSESSORS PARCEL NUMBER
808 -26 -052
7698 BENASSI DRIVE
GILROY, CA. 95020
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6
NOTICE OF PROPERTY LIEN
CITY OF GILROY
Re: 808 -26 -052
Pursuant to Gilroy City Code Sections 6A.39 through 6A.42, the City has established a lien
procedure for the collection of delinquent administrative penalties, administrative costs, and
interest imposed pursuant to Chapter 6A. The following amounts stated in the included
resolution will be filed against the subject property with the Santa Clara County Recorder's
Office.
Passed and adopted by the City Council of the City of Gilroy on July 15, 2013:
RESOLUTION NO. 2013-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING THE IMPOSITION OF
LIENS FOR DELINQUENT ADMINISTRATIVE CITATION PENALTIES AND THE`COSTS OF COLLECTION
FOR CERTAIN PROPERTIES LOCATED IN GILROY, CALIFORNIA
FAILURE TO
7698
7698
Gilroy,
808-
Lien
ABATE
-BENASSI
MORRISSEY,
BENASSI
CA
26-
amount
WEEDS
DRIVE
CHARLES P
DRIVE
95020
052
$396.00
Shawna Freels, MMC
City Clerk of the City of Gilroy
RESOLUTION NO. 2013-33
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GILROY REGARDING THE
IMPOSITION OF LIENS FOR DELINQUENT
ADMINISTRATIVE CITATION PENALTIES AND
THE COSTS OF COLLECTION FOR CERTAIN
PROPERTIES LOCATED IN GILROY,
CALIFORNIA
WHEREAS, the City of Gilroy City Council adopted Ordinance No. 2004 -09, now set forth in
Chapter 6A of the Gilroy City Code ( "City Code ") which established the administrative citation and
administrative remedies processes for enforcing provisions of the City Code; and
WHEREAS, the City Council fiirther finds that it is in the public interest to impose
administrative penalties as authorized by California Government Code section 54069.4 as an
alternative to criminal penalties or civil remedies; and
WHEREAS, the City Council adopted Resolution No. 2005 -09, setting forth the amount of
administrative penalties that may be imposed as authorized by California Government Code section
36900 (b); and
WHEREAS, section 6A.13 of the City Code provides that an enforcement officer of the City
charged with enforcement of the City Code shall have the authority to issue administrative citations to
any person or entity responsible for violation of the City Code; and
WHEREAS, any administrative penalty imposed pursuant to Chapter 6A will be deemed
delinquent if it is not paid in accordance with section 6A.1.5 (Payment of Penalty) and or section 6A.32
(Administrative Penalties); and
WHEREAS, any person who fails to pay to the City all or part of the amount of any penalty
imposed on or before the date that the penalty amount is due will become liable for the payment of an
additional delinquency payment pursuant to Resolution No. 2005 -09 section 4 in the amount equal to
ten (10) percent of the amount of the penalty remaining unpaid to the City per month; and pursuant to
City Code section 6A.33, administrative costs imposed by the. hearing officer may be assessed against
the violator; and
RESOLUTION NO. 2013-33
M
WHEREAS, the enforcement officer has determined that the administrative penalties,
administrative costs, and any interest imposed pursuant to Resolution No. 2005-09 section 4, has not
been satisfied in full within ninety (90) days and/or has not been successfully challenged by a timely
appeal pursuant to section 6A39; and
WHEREAS, pursuant to Gilroy City Code Sections 6A.39 through 6A.42, the City has
established alien procedure for the collection of delinquent administrative penalties, administrative
costs, and interest imposed pursuant to Chapter 6A; and
WHEREAS, each City of Gilroy administrative citation contains appeal guidelines on the back
of the citation and payment process information giving the recipient thirty (30) days to pay the penalty;
and
WHEREAS, citation recipients/property owners were sent pursuant to Gilroy City Code
Sections 6A.22 (Notices), up to three monthly Past Due Notices requesting payment of the delinquent
administrative penalties, and interest imposed pursuant to Resolution No. 2005 -09 section 4; and
WHEREAS, each Past Due Notice requesting payment of the delinquent administrative
penalties, and interest stated that collection efforts will be made up to and including recording a lien on
their property if invoiced amounts were not paid as requested; and
WHEREAS, the time period to appeal the administrative Citations /Orders has expired and a
Final Report has been filed with the City Council pursuant to Gilroy City Code Section 6A.40 (b)
stating the amounts due and owing, the date of the administrative citations and/or orders; the street
address, the assessor's parcel number of the subject property and the name and address of the recorded
owner of the property; and
WHEREAS, a duly noticed public hearing was held on July 15, 2013 at the hour of 6:00
o'clock p.m., or soon thereafter, in the Council Chambers in the City Hall at 7351 Rosanna Street in
the City of Gilroy, at which time the Final Report-was presented to the City Council for consideration
and confirmation. Any and all interested persons having any objections to said Final Report regarding
the amounts imposed against the property owner's property or to any matter or thing contained therein
appeared at said time and place to be heard and any objections placed in accordance with Gilroy City
Code were heard and given due consideration; and
RESOLUTION NO. 2013-33
3
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING THE CITY
COUNCIL OF THE CITY OF GILROY DOES HEREBY RESOLVE AS FOLLOWS:
1. The Final Report is hereby approved, confirmed and adopted in every particular without
0! o -- 1_ %_9_ ,1 .
2. The liens for delinquent administrative citations as presented in the Final. Report
attached hereto as Exhibit "A" and incorporated herein by this reference are hereby approved and
ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public
inspection.
3. The liens.set forth in the Final Report shall include the delinquent administrative
penalties, administrative costs, and interest and are hereby ordered to be recorded as a lien with the
county recorder upon the properties identified in the Final Report, and shall be collected pursuant to
law upon sale or transfer or refinance of the real property. A lien may also pursuant to Gilroy City-
Code Section 6A.40 (g) be foreclosed by an action brought by the City for a money judgment. Interest
at the legal rater per year shall accrue on the principal amount of the lien until satisfied pursuant to law.
4. Said Final Report together with the certificate of the City Clerk as to the facts and the
date of final approval and adoption by Resolution by the City Council, shall be forwarded to the Santa
Clara County Recorder's Office, who shall thereafter deliver said Final Report as adopted, to the
Clerk- Recorder of the County of Santa Clara to record upon each of the real properties contained
therein; to provide for the public a permanent record of the liens until satisfied.
PASSED AND ADOPTED this 15g day of July, 2013, by the following vote:
AYES: COUNCILMEMBERS: AULMAN, LEROE- MUNOZ,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: ARELLANO, BRACCO, TUCKER
ABSENT: COUNCILMEMBERS: NONE
APP RO D:
Donald Gage, Mayor
RESOLUTION NO. 2013-33
I, S, AWNA FREELS, City Clerk of the City of Gilroy, do, hereby certify that the
attached Resolution. No. 2013 -33 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 15'h day of July, 2013, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 16m -iay of July, 2013.
Shawina Freels, MMC
City Clerk of the City of Gilroy
(Seal)
Exhibit A 8/16/2013
Liens for Deliquent Administrative Citations
Final Report
Summons
Issue Date
Violator Name
Violation Description
Location
Properly Owner
Owner Address
Owner City,
Parcel APN
Lien Amount
State, Zip
12121001
12/26/2012
BARTLETT, JOHN TR;
VACANT BUILDING
7515 MONTEREY
BARTLETT, JOHN TR;
1141 CATALINA DR
LIVERMORE, CA
799 06 053
396.00
BAUDEN, RICHARD
VIOLATIONS- 2ND
ST
BAUDEN, RICHARD
#307
94550
13011501
1/30/2013
BARTLETT, JOHN TR;
VACANT BUILDING
7515 MONTEREY
BARTLETT, JOHN TR;
1141 CATALINA DR
LIVERMORE, CA
799 06 053
786.00
BAUDEN, RICHARD
VIOLATIONS -3RD
ST
BAUDEN, RICHARD
#307
94550
12072503
7/25/2012
GRUBB, NOREEN
VACANT BUILDING
7440 MONTEREY
GRUBB, NOREEN
1562 CAMINO DEL
DEL MAR CA
841 06 009
266.00
VIOLATIONS
ST
MAR Unit 543
92014 -2471
12092401
10/8/2012
JOHN BARTLETT, RICHARD
VACANT BUILDING
7515 MONTEREY
JOHN BARTLETT, RICHARD
1141 CATALINA DR
LIVERMORE, CA
799 06 053
266.00
& ANN BAUDEN
VIOLATIONS
ST
& ANN BAUDEN
UNIT 307
94550
12100401
10/4/2012
MORRISSEY, CHARLES P
FAILURE TO ABATE
7698 BENASSI DR
MORRISSEY, CHARLES P
7698 BENASSI DR
GILROY, CA
808 26 052
396.00
WEEDS 2ND-
95020 -4778
12082801
8/28/2012
MORRISSEY, CHARLES P
FAILURE TO ABATE
7698 BENASSI DR
MORRISSEY, CHARLES P
7698 BENASSI DR
GILROY, CA
808 26 052
266.00
WEEDS- 1ST
95020 -4778
12061805
6/18/2012
HILL, LYNETTE M TRUSTEE
URM, SIESMIC
7491 RAILROAD ST
HILL, LYNETTE M TRUSTEE
8825 8TH AVE
HESPERIA, CA
841 06 001
11,400.00
SAFTEY VIOLATIONS
92345
12061806
6/18/2012
JOHN BARTLETT TR,
URM, SIESMIC
7515 MONTEREY
JOHN BARTLETT TR,
1141 CATALINA DR
LIVERMORE, CA
799 06 053
9,250.00
RICHARD & ANN BAUDEN,
SAFTEY VIOLATIONS
ST
RICHARD & ANN BAUDEN,
UNIT 307
94550
FRANK & CYNTHIA BOXALL
FRANK & CYNTHIA BOXALL
TR DAVID & FRANCINE
TR DAVID & FRANCINE
CUNNINGHAM, C/O GLENN
CUNNINGHAM, C/O GLENN
D. ORIBELLO, AM -CAL
D. ORIBELLO, AM -CAL
SERVICES, INC
SERVICES, INC
13062601
1/20/2012
HILL, LYNETTE M TRUSTEE
BLIGHT VIOLATIONS,
RAILROAD ST
HILL, LYNETTE M TRUSTEE
8825 8TH AVE
HESPERIA, CA
06 001
153,300.00
UNSAFE STRUCTURE
17491
92345
1841
1
TOTAL NUMBER OF RECORDS: 9
Page 1 of 1
TOTALS: 176,326.00
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2013 -33 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 15"' day of July, 2013, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 1St day of August, 2014.
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)