HomeMy WebLinkAbout2022-52 - Delinquent Civil CitationsRESOLUTION NO. 2022-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CERTIFYING SPECIAL ASSESSMENTS FOR COLLECTING
DELINQUENT CIVIL FINES FOR VIOLATIONS OF THE COSTA MESA MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND
AND RESOLVE AS FOLLOWS:
WHEREAS, the City Council has adopted Chapter II of Title 1 of the Costa Mesa
Municipal Code, which authorizes the issuance of civil citations that impose fines upon
persons who violate the provisions of the Costa Mesa Municipal Code ("CMMC"); and
WHEREAS, certain civil citations have been issued and the civil fines imposed
thereby have not been paid by the responsible persons who committed the CMMC
violations; and
WHEREAS, Government Code section 38773.5 authorizes the City of Costa Mesa
to collect delinquent fines, interest, and penalties as part of nuisance abatement
procedures; and
WHEREAS, the City's procedures to collect delinquent fines, interest, and
penalties are set forth in CMMC section 1-48, which procedures have been followed,
including but not limited to providing notice to each of the owners of real property of the
public hearing held by the City Council on August 2, 2022 for the purpose of certifying
special assessments against properties where public nuisances have occurred; and
WHEREAS, the City Council wishes to certify those certain fines, interest, and
penalties as delinquent and have them collected as special assessments against the real
property involved pursuant to the provisions of Government Code section 38773.5.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa
as follows:
1. The City Council held a public hearing on August 2, 2022, which was properly
noticed as required by Government Code section 38773.5, for the purpose of
certifying special assessments against properties where public nuisances have
occurred.
2. The special assessments designated on Attachment 2, incorporated herein by this
reference, are hereby certified as being delinquent civil fines, interest and penalties
Resolution No. 2022-52 Page 1 of 3
owing to the City of Costa Mesa and qualified for collection as special assessments
under the Government Code.
3. The City Council orders that these delinquent fines, interest and penalties are to
be collected as special assessments against the respective properties shown on
Attachment 2 pursuant to the provisions of Government Code section 38773.5.
4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps
for recording notice of such assessments against the respective properties in the
property records of the County of Orange and for obtaining the collection of such
assessments by the Tax Collector of the County of Orange.
5. The City Treasurer is also authorized to take the necessary steps to have releases
filed with the County Recorder when any such special assessments have been
paid.
Resolution No. 2022-52 Page 2 of 3
PASSED AND ADOPTED this 2"d day of August, 2022.
ATTEST:
Brenda Green ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2022-52 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 2"d day of August, 2022, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS,
MARR, AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3rd day of August, 2022.
Resolution No. 2022-52 Page 3 of 3