Resolution 2012-04
RESOLUTION NO. 2012-04
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 further finds that it is in the public interest to impose
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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. 2012-04
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 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 ofthe subject property and the name and address ofthe recorded
owner of the property; and
WHEREAS, a duly noticed public hearing was held on January 9th, 2012 at the hour of 6:00
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
RESOLUTION NO. 2012-04
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
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 ofthe 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 9th day of January, 2012, by the following vote:
AYES:
COUNCILMEMBERS:
DILLON, LEROE-MuNOZ,
WOODWARD, and PINHEIRO
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ARELLANO, BRACCO, TUCKER
NONE
RESOLUTION NO. 2012-04
APPROVED:
ATTEST
RESOLUTION NO. 2012-04
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I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012-04 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 9th day of January, 2012, 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 GiIrO; this 12'" day :~' 2012.
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(Seal)