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From: Rachel Clark, City Clerk Subject: Public Hearing and Resolution imposing
liens on property located within the
Dept: City of San Bernardino for uncollected
business registration fees
Date:
Synopsis of Previous Council action:
Previously, a resolution has been presented to the Common Council for authorization to impose
liens on certain parcels of property for uncollected business registration fees.
Recommended motion:
That the hearing be closed; said resolution be adopted.
Signature
Contact person: Roger Davis - Business Registration Inspector Phone: 834-5015
Supporting data attached: Resolution and Exhibit Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
R E Q U E S T F O R C O U N C I L A C T I O N
STAFF REPORT
TO: Honorable Mayor and Members of the Common Council
FROM: Rachel Clark, City Clerk
RE: Public Hearing and Resolution Imposing Liens on Property
Located within the City of San Bernardino for Uncollected
Business Registration Fees - MacGillivrey/Wilkinson
DATE: October 9, 1992
PAGE: Two
Pursuant to City of San Bernardino Municipal Code 5. 04 . 076,
whenever delinquent business license fees and appropriate penalties
cannot be collected after proper notification to the property or
business owner, the City Clerk compiles a list of such assessments
together with parcel number designations and addresses upon which
the assessments are being fixed and presents the list to the Mayor
and Common Council for confirmation.
After notice of hearing and upon confirmation of the imposition of
the lien by resolution of the Mayor and Common Council, the City
Clerk files a certified copy of the approved resolution with the
Auditor of the County of San Bernardino directing that all unpaid
business license fees, penalties, and administrative fees be
entered as lien charges against the property as it appears on the
current assessment rolls.
On May 4 , 1992, Resolution Number 92-160 listing this property
along with numerous other properties to be liened as Exhibit "A"
was presented to the Mayor and Common Council for adoption. Ms.
Deborah J. Wilkinson and Mr. John Alan MacGillivrey attended the
Common Council Meeting and contested the amount being assessed for
lien against their property. They requested that I review the
assessed lien and meet with them at a later date to resolve the
issue, and the Mayor and Common Council agreed to this arrangement.
On August 6, 1992, I met with Ms. Wilkinson and Mr. MacGillivrey
and affirmed that the amount being assessed against their property
for lien was proper. They verbally agreed to pay the amount due in
three installments, the first installment being due on October 31,
1992. To ensure payment of the fees, the City Attorney's Office
recommended that a signed agreement be returned to the City Clerk's
Office stating that the debt was acknowledged and would be paid,
and that the property would be liened through the County Assessor's
Office until the amount is paid in full. Upon receipt of the final
payment, the City of San Bernardino will release the property from
lien status.
Recommend approval of the attached Resolution.
Rac 1 Clark
City Clerk
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS
N CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF
3 AN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
ITY OF SAN BERNARDINO AS FOLLOWS:
5
6 SECTION 1. The City of San Bernardino, pursuant to its
7 uthority under San Bernardino Municipal Code Chapter 5. 04.076
8 oes hereby impose liens on the real property described as
9 xhibit "A", attached hereto and incorporated herein by
10 reference, for uncollected business registration fees and all
11 Future fees and penalties.
12 Due notice was given to the person or persons having an
nterest in said property and a hearing was held by the Mayer
13
14 �Lnd Common Council to hear protests and to assess the fees
15 mposed on said property.
16 SECTION 2. The matter having now come before the Mayor
17 nd Common Council for confirmation of the imposition of the
18 fens imposed, the following fees are found to have been
19 ncollectible after proper notification to the
20 roperty/business owner pursuant to proceedings under said
21 :rovisions of the San Bernardino Municipal Code. The
22
tatements of fees on file with the City Clerk are hereby
23 -
onfirmed and adopted as special assessments against the
24 roperties listed on Exhibit "A" hereto.
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS
N CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF
2 AN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES.
3 SECTION 3. The City Clerk is hereby directed to file a
4 ertified copy of this resolution with the Auditor of the
5 ounty of San Bernardino, State of California, directing the
6 aid sum be entered as lien charges against said property as
7 t appears on the current assessment rolls, to be collected at
8 he same time and in the same manner, subject to the same
9 enalties and interest upon delinquencies, as the general
10 axes for the City of San Bernardino are collected. The City
11 lerk shall present for recording appropriate notices of the
12 imposition of these liens with the County Recorder.
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` 0
1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS
N CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF
2 AN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES.
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 idopted by the Mayor and Common Council of the City of San
5 3ernardino at a meeting thereof, held on
6 the day of , 1992, by the following
7 vote, to wit:
$ ouncil Members: AYES NAYS ABSTAIN ABSENT
9 STRADA
10 ZEILLY
11 fERNANDEZ
12 UDSLEY
13 INOR
14 POPE-LUDLAM
15 14ILLER
16
17
18 City Clerk
�
The foregoing resolution is hereby approved this
19 ,
ay of , 1992.
20
21
22 W.R. Holcomb, Mayor
23 City of San Bernardino
pproved as to form
24 nd legal content:
25 ames F. Penman
ity Attorney
26
27 y
28
I .
� T a 0
EXHIBIT "All
Assessors Address - Affected Property Amount of
Number Owner's Name Assessment
146-023-20 2146-52 N. Wall Ave.
Deborah J. Wilkinson $1360. 00
215 19th Street
Newport Beach, CA 92660
and
John Alan & Donna
MacGillivrey
26171 Hitching Rail
Laguna Hills, Ca 92653
146-023-21 2138-44 North Wall Ave.
Deborah J. Wilkinson 5 680. 00
215 19th Street
Newport Beach, Ca 92660
and
John Alan & Donna
MacGillivrey
26171 Hitching Rail
Laguna Hills, CA 92653