Resolution 2011-48
1
RESOLUTION NO. 2011-48
A RESOLUTION OF mE 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 further 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 the 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.15 (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. 2011-48
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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
6A.39; and
WHEREAS, 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; 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 6AAO (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 November 21,2011 at the hour of7:00 o'clock
pm 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 may appear at said time and place and be
heard; and
WHEREAS said public hearing was held concerning said Final Report and any objections placed in
accordance with Gilroy City Code were heard and given due consideration; and
RESOLUTION NO. 2011-48
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NOW THEREFORE IN CONSIDERATION OF THE FOREGOING THE CITY COUNCIL OF THE
CITY OF GILROY DOES HEREBY ORDAIN AND ENACT AS FOLLOWS:
1. The Final Report is hereby approved, confirmed and adopted in every particular without
modification.
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. 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 ofthe City Clerk as to the facts and the date of
fmal 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 ofthe
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.
RESOLUTION NO. 2011-48
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PASSED AND ADOPTED this 5th day of December, 2011, by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, DILLON,
LEORE-MUNOZ, TUCKER, WOODWARD and PINHEIRO
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
NONE
APPROVED:
RESOLUTION NO. 2011-48
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2011-48 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 5th day of December, 2011, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City~f Gilroy this 7th day
(Seal)
Exhibit B
Liens for Deliquent Administrative Citations
Final Report
12/5/2011
FAILURE TO ABATE WEEDS- Menlo Park, CA
000472 6/8/09 9130 KERN AVE LLC 1ST CITATION 9130 & 9160 KERN Ave 9130 KERN AVE LLC 1450 EI Camino Real 94025 79017003 526.00
FAILURE TO ABATE WEEDS- REGIONAL PROPERTIES MILWAUKEE, WI
000473 6/8/09 LCG GILROY LLC 1ST CITATION 6970 CAMINO ARROYO INC 770 N WATER ST 53202 841 70049 526.00
GARLIC CROSSING FAILURE TO ABATE WEEDS- 1670 HILLSDALE AVE SAN JOSE, CA
00471A 6/8/09 LLC 1ST CITATION 850 HOLLOWAY RD GARLIC CROSSING LLC #A 95124 84170026 526.00
COMMERCIAL BLIGHT SAN JOSE, CA
10071301 7/13/10 PATEL, SUNIL VIOLATIONS 7525 MONTEREY ST Akshar LLC, Patel, Sunil 380 BROOKMERE DR 95123 799 06 069 396.00
TSABOUKOS, 2ND VIOLATION OF THE TSABOUKOS,
ANASTASIOS & TECHNICAL CODES, SAME ANASTASIOS & KOULA SAN JOSE, CA
11041201 4/12/11 KOULA OFFENCE 7377 MONTEREY ST TR 5328 DENT AVE 95118-2915 799 08 035 476.00
TSABOUKOS, 3RD COMMERCIAL BLIGHT TSABOUKOS,
ANASTASIOS & VIOLATION, SAME OFFENSE ANASTASIOS & KOULA SAN JOSE, CA
11042601 4/26/11 KOULA 7377 MONTEREY ST TR 5328 DENT AVE 95118-2915 799 08 035 986.00
TOTAL NUMBER OF RECORDS: 8 TOTALS: 3,436.00