Loading...
HomeMy WebLinkAbout23- City Clerk CITY OF SAN B ARDINO - REQUEP FOR COUNCIL ACTIO 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. 25 26 27 28 I 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. 13 V 14 / 15 / 16 / 17 / 18 19 / 20 -� 21 22 23 / 24 25 / 26 / 27 / 28 I ` 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