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Property Lien - 7515 Monterey Street - Bartlett/Bauden (2)RECORDING REQUESTED BY: ) ) City of Gilroy ) ) ) WHEN RECORDED, MAIL TO: ) Shawna Freels, City Clerk ) City of Gilroy ) 7351 Rosanna Street ) Gilroy, CA 95020 ) DOCUMENT: 22674067 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 799 -06 -053 7515 MONTEREY STREET GILROY, CA. 95020 SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 NOTICE OF PROPERTY LIEN CITY OF GILROY Re: 799 -06 -053 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 VACANT 7515 BARTLETT, 7515 Gilroy, 799- Lien BUILDING MONTEREY JOHN; BAUDEN, MONTEREY CA 06- amount VIOLATIONS STREET RICHARD STREET 95020 053 $266.00 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 EMPOSITION 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 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. 2013-33 2 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 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 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 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. 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 15" day of July, 2013, by the following vote: AYES: COUNCILMEMBERS: AULMAN, LEROE- MUNOZ, WOODWARD and GAGE NOES: COUNCILMEMBERS: ARELLANO, BRACCO, TUCKER ABSENT: COUNCILMEMBERS: NONE APPRO D: Donald Gage, Mayor RESOLUTION NO. 2013-33 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 15th 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 16d' -iay of July, 2013. City Clerk of the City of Gilroy (Seal) Exhibit A 8/16/2013 Liens for Deliquent Administrative Citations 1 inal Report Summons Issue Date Violator Name Violation Description Location Property Owner Owner Address Owner City, Parcel APN Lien Amount Slate, 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 7/2512012 GRUBB, NOREEN VACANT BUILDING 7440 MONTEREY GRUBS, 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- 950204778 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, 7491 RAILROAD ST HILL, LYNETTE M TRUSTEE 8825 8TH AVE HESPERIA, CA 841 06 001 153,300.00 UNSAFE STRUCTURE 92345 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 15th 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 o f/August, 2014. Shawfia Freels, MMC City Clerk of the City of Gilroy (Seal)