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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 I 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 N ..- o N -- Q') -- ..- Vl l:: o '.0 C1:l :~ U <J) ;:- '.0 C1:l l-< +->+-> Vl l-< <t: '2 0 ..j...I .- 0- .- E <J) :9"00::: ...c:<c:a x +-> l:: ~~ti: ::l 0'" .- W o l-< <2 Vl l:: <J) :.:J m .... ... .... m N' M '"! ... ... M N co N o m N m co ,... ~ g I- o N o '" 0'1 <( U >. ,g iD UJ ~ Z a: ::> <tl .... ~ '" .... '" .... ::E a: UJ :I: 0.. ~ II'l ;;: :I: U UJ' I- o U UJ > <( Z a: ::> <tl .... UJ ~ '" .... '" .... cii C II: 8 ... II: ... o II: ... aI :i: ::I Z g I- z o ~ o ;; UJ U Z ... ... ::E 0'1 .g '" .... ...... ,... .... co ,... q- 8 II'l 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. ; I (Seal)